2019 QCCQ 11141, 2019 QCCQ 11141
Opinion
Protection de la jeunesse — 192029 2019 QCCQ 11141 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 635-41-000455-128 DATE: February 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], [SOCIAL WORKER 2] AND/OR [SOCIAL WORKER 3] , youth protection workers, duly authorized by the Director of Youth Protection of A, working in [...] Applicant and X, born on [...], 2007 Child and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVEW (AMENDED FOR EXTENSION ) (Sections 95 (para. 2) and 75, Youth Protection Act , CQLR, c.
P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (s. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act , [1] rendered on June 26, 2018, by the Honourable Jacques Ladouceur, J.C.Q.
At that time, he declared that the security and development of X, born on [...], 2007, were still in danger and entrusted her to a foster family until March 20, 2019. [ 2 ] At the hearing, the child and the mother were present and were each assisted by counsel. Facts: [ 3 ] Following the last Court hearing, the child was entrusted to several foster families due to her behaviour issues. [ 4 ] On December 31, 2018, the foster family informed Youth Protection that it did not want to take care of the child anymore due to her behaviour issues.
That same day, Youth Protection took immediate protective measures and entrusted the child to a group home. [ 5 ] The mother is on the waiting list for treatment centre A. [ 6 ] The parties recommend that the child be fostered by Ms. B in Town A. Analysis: [ 7 ] The mother and daughter agree to the measures proposed by the applicants. They even recommended the foster family. [ 8 ] The Court believes that it is important to have the mother’s cooperation. The recommendations regarding the foster family will be followed.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS this amended application; [ 10 ] EXTENDS the decision or order rendered on June 26, 2018; [ 11 ] DECLARES that the security and development of X, born on [...], 2007, are still in danger;
[ 12 ] ORDERS that the child be entrusted to a foster family, namely Ms. B, with reintegration with the mother if the situation allows; [ 13 ] ORDERS the child and the child’s mother to take an active
part in the application of the measures ordered by the Court; [ 14 ] ORDERS the child and the child’s mother to report in person, at regular intervals, to the Director to inform him of the current situation; [ 15 ] ORDERS that the child receive health care services, such as mental health follow-up; [ 16 ] ORDERS the mother to remain sober in the presence of the child; [ 17 ] RECOMMENDS that the mother seek help through social services for her alcohol, drug and personal issues; [ 18 ] ORDERS that contact between the child and the mother be determined by the Director with respect to the terms, frequency and degree of supervision; [ 19 ] WITHDRAWS certain parental attributes and GRANTS them to the Director, specifically all consent for medical, school, traveling, passport and extracurricular activities, if the mother cannot be reached in time; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 21 ] ORDERS the services of an external educator for the child and the child’s family; [ 22 ] ORDERS the police to cooperate in the execution of this judgment; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.
THE WHOLE UNTIL AUGUST 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicants Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the child Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the mother Date of hearing: February 28, 2019
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