2016 QCCQ 6570, 2016 QCCQ 6570
Opinion
Protection de la jeunesse — 162740 2016 QCCQ 6570 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001185-096 DATE: April 13 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. IN THE MATTER OF: X, born on [...] 2000 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother JUDGMENT ( Sections 95(1) and 75 , Youth Protection Act , R.S.Q. c.
P-34.1) WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the Court to review the decisions made on March 20 th 2015 concerning the child, X. [ 2 ] The Court proceeded in the presence of the child and the mother on April 13 th 2016. They both admit all the alleged facts and consent to the measures proposed. [ 3 ] The child is now 15 years old.
The last Court order provided that he be entrusted to a rehabilitation centre allowing a gradual insertion in a foster family. [ 4 ] The child has been in foster care since the end of June 2015. He is doing well. [ 5 ] He did not want to continue his schooling so he found a job in October 2015. [ 6 ] His actual placement in his foster home is still under evaluation even if the child is doing well. [ 7 ] The mother has made some progress. She does not have any problems anymore with alcohol abuse. [ 8 ] The contacts between the child and the mother are positive. The mother offers a good collaboration.
She does not feel ready to take care of her son on a full time basis. She recognizes the progress he has made in foster care.
FOR ALL THESE REASONS COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of the child, X, are still in danger; [ 11 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 12 ] ORDERS that the Director of Youth Protection determine a life plan for the child aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s need’s and age;
[ 13 ] ORDERS that the child and the mother take an active
part in the application of the measures; [ 14 ] ORDERS that the child and the foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 15 ] ORDERS that the mother remain sober in the presence of the child; [ 16 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 17 ] ORDERS that the contacts between the child and the mother be determined by the Director as to the modalities, the frequency and the degree of supervision; [ 18 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 19 ] ORDERS the police to collaborate to the execution of the enactment; [ 20 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 21 ] THE WHOLE April 30 th 2017. __________________________________ JEAN GRAVEL, J.Q.C.
Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother
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