2019 QCCQ 11530, 2019 QCCQ 11530
Opinion
Protection de la jeunesse — 192234 2019 QCCQ 11530 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000316-184 DATE: January 9, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2009 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (
Section 95 of the Youth Protection Act , C.Q.L.R., 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 submits a motion asking the Court to extend a previous judgment rendered on June 21, 2018, by the honourable Judge Louis Gregoire, C.Q., entrusting the child to the care of the maternal grandmother for a period of six months with a possible reintegration with the mother after she completes a treatment and remains sober for a period of three months following this treatment. [ 2 ] The father was duly served, but is neither present nor represented by counsel.
Mtre Michel Grenier represents the mother and Mtre Marie-Josée Ayoub, the interest of X. [ 3 ] The motion is not challenged by the parties. [ 4 ] The revision report is filed as evidence and the mother admits all the allegations of the petition which are : The child remains with the maternal grandmother; The mother entered a treatment to address her alcohol consumption issues in Town A on November 6 th , 2018; The mother is making progress to solve her personal and consumption issues; The mother is unable to take care of the child at the present time; The maternal grandmother, Mrs.
C, is ready to continue to care for the child; The father remains uninvolved with the child. [ 5 ] The mother completed the therapy in Town A on December 13, and has remained sober since then. She is collaborating very well with the Director of Youth Protection and her situation has improved a lot since the last judgment. [ 6 ] The mother wants to resolve her problems in order to be able to care for her children on a permanent basis. [ 7 ] The Court is of the opinion that the recommendations of the Director of Youth Protection are in the best interest of the child. FOR THESE MOTIVES, THE COURT:
[ 8 ] GRANTS the motion; [ 9 ] MAINTAINS that the security and development of X, born on [...], 2009, are still endangered; [ 10 ] ORDER that the child be entrusted to the care of the maternal grandmother, Mrs.
C for a period of six months, with a possible reintegration with the mother after she has remained sober for a period of three months, starting on December 13, 2018; [ 11 ] ORDERS that aid, counselling and assistance be provided by the Director of Youth Protection to the family for a period of one year; [ 12 ] ORDERS that any access rights between the child and the father be authorized by the Director of Youth Protection as for the frequency and modalities, after assessing the father, after consulting the mother, and taking into account the best interest of the child; [ 13 ] ORDERS the mother to collaborate with the Director of Youth Protection and to report to the said Director on a regular basis; [ 14 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the measures ordered. __________________________________ LUCILLE CHABOT, J.C.Q.
Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Ayoub avocats Inc. Counsel for the child Mtre Michel Grenier Counsel for the mother Date of hearing: January 9, 2019
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