2019 QCCQ 12616, 2019 QCCQ 12616
Opinion
Protection de la jeunesse — 193186 2019 QCCQ 12616 JA1021 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Nº : 505-41-008822-175 DATE : March 18, 2019 ______________________________________________________________________ PRESIDED BY JUDGE JEAN-PIERRE AUTHIER ______________________________________________________________________ [Social Worker 1], youth protection worker duly authorized by the director of Youth Protection A (The Director) Applicant and X, born on [...], 2007 Child and A Mother and B Father _______________________________________________________________________ J U D G M E N T
Section 95 of the Youth Protection Act _______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] This judgment confirms and motivates the order made forthwith on March 18, 2019; [ 2 ] The Director submits an application for extension of a Court decision rendered on November 16, 2017.
CONTEXT AND ANALYSIS [ 3 ] The child has remained in a foster family . He evolves very well, attends school and maintains good grades. He is polite, respectful and socially skilled. The child wishes to remain entrusted to this foster family. [ 4 ] He’s had regular and fulfilling contacts with his mother. The latter benefits from a follow-up for addiction issues. [ 5 ] As for the contacts with his father, it is reported that the father is irregular because of self-organizing issues to which he is not getting help for.
[ 6 ] Relationship between the parents is still conflictual and both of them are able to admit that the child’s needs are adequately met in his foster family. [ 7 ] It is therefore this Tribunal’s opinion that the security and the development of the child is still in danger and that the measures sought by the Director are appropriate in this case.
FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and the development of the child X are still in danger; [ 10 ] EXTENDS the Court order rendered on November 16, 2017; [ 11 ] ORDERS that the child be entrusted to a foster family chosen by the director of Youth Protection A; [ 12 ] TAKES JUDICIAL NOTICE that the foster family is his maternal uncle and aunt, Mr C and Mrs D; [ 13 ] ORDERS that the contacts between the child and his parents be following agreement between the parties; [ 14 ] TAKES JUDICIAL NOTICE that the mother continues to meet with her addictions worker and engage the therapeutic supports which have been mobilized and follow recommendations; [ 15 ] TAKES JUDICIAL NOTICE that the father makes the commitment to undergo a psychological assessment and follow recommendations; [ 16 ] RECOMMEND that the child continues to attend activities organized by his foster parents; [ 17 ] ORDERS that the child and his parents report periodically to the director of Youth Protection; [ 18 ] ORDERS that the parents of the child take an active
part in the application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child and his family; [ 20 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the judgment to intervene on this day; [ 21 ] THE WHOLE until March 18, 2020. ________________________________ Jean-Pierre Authier, J.C.Q. Mrs. Karine Nantais Attorney for the Director of Youth Protection Mr. Jean-Pierre Gaudreau Attorney for the child Mrs. Andréa Ruel Attorney for the mother Hearing date: March 18, 2019
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