2019 QCCQ 14022, 2019 QCCQ 14022
Opinion
Protection de la jeunesse — 194360 2019 QCCQ 14022 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032100-174 DATE : June 20, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 adolescent and A B parents ______________________________________________________________________ JUDGMENT Closure of the file ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.
Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of
section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 20, 2019. [ 2 ] The Director of Youth Protection (the Director) alleged that it was necessary to revise the order rendered on October 30, 2018. [ 3 ] On May 9 th , 2019, the Director asked that the hearing be postponed in order to verify certain aspects of the file with the adolescent’s treating doctor. [ 4 ] Today, the Director presented with a withdrawal. [ 5 ] The parents and the child’s lawyer expressed their agreement with the file’s closure.
Question in litigation [ 6 ] Is the child’s security or development still endangered? Context and Analysis [ 7 ] The adolescent has continued to be truant from school. From August 2018 to January 11, 2019, he missed 27 days. [ 8 ] On January 23, 2019, the parents and the adolescent participated in a meeting with school officials regarding this problematic situation.
The parents appear resigned with this situation as they cannot motivate their son. [ 9 ] On the same date, immediate protective measures were invoked and the adolescent was placed in a group home. [ 10 ] On January 25, 2019, the Tribunal entrusted the adolescent to the mother’s care for a very short provisional order. [ 11 ] On January 31, 2019, as the adolescent attended school regularly since January 25, 2019, the Tribunal maintained him in his mother’s care.
[ 12 ] Since then, the adolescent has continued to make efforts to attend school regularly. He arrived late on a few occasions. Both parents encouraged and supported the adolescent regarding his obligation to attend school. [ 13 ] As of July 1 st , 2019, the Education Act will not compel the adolescent to attend school.
As the Director became involved with the family as a result of school truancy, there is no necessity to extend the present Court order. [ 14 ] THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection has withdrawn from the Application on revision; [ 16 ] ORDERS the closure of the file. ___________________________________ François Ste-Marie, J.C.Q.
Written and signed on July 8, 2019 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the adolescent Mtre Christophe Lafontant Counsel for the mother Mtre Karine Dallaire Counsel for the father Date of hearing: June 20, 2019
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