2018 QCCQ 15773, 2018 QCCQ 15773
Opinion
Protection de la jeunesse — 186607 2018 QCCQ 15773 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000803-178 DATE: September 27, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2014 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and MRS A, [...] Mother and MR B, [...] Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 2) Y.P.A., 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 A (the Director) asks the Court to review and extend the measures ordered on September 6, 2017, concerning X, 4 years old.
The Director requests that the placement in foster family be extended until June 7, 2019. [ 2 ] At the hearing, the parents are absent even if duly served and advised by the Court when they proceeded for provisional measures. After steps taken by the social worker to reach them just before the hearing, she learned that they were unable to attend Court because they were intoxicated. Considering the delays, the Court decided to proceed in their absence. The child is represented by Me Cassandra Neptune and Me Geneviève Apollon assists the Director. [ 3 ] The evidence reveals the following facts.
The child is not developing normally and he is in the process of being followed by Dr Larose for his behavioural problems related to anxiety. The parents are unable to provide for the special needs of X. They still have alcohol consumption issues and live in an inappropriate house. They did not attend therapy. Regularly, the police had to intervene because they were intoxicated. [ 4 ] The mother collaborates with the social worker, but not the father. The mother filled papers to attend therapy, but she did not yet attend. She is still ambivalent and the social worker is working on her motivation.
Fortunately, she is honest and transparent. [ 5 ] The father is not interested in being involved with any social worker to address his personal difficulties. [ 6 ] Over his last placement, the child was moved in two foster homes. Those two foster parents could not continue to foster the child on a long-term basis. A new [origin A] foster family is found and the child will integrate it gradually during summer. The foster mother is interested in taking care of him for a long-term period.
We will have to re-evaluate this integration and the bonds created. [ 7 ] This extension of the placement will provide indirectly a last opportunity to the parents to address their problems.
THEREFORE, THE COURT: [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and development of X are still in danger; [ 10 ] ORDERS the placement of the child X in a foster family chosen by the institute operating a child and youth protection centre until June 7, 2019; [ 11 ] TAKES note that the Director of Youth Protection will prepare a life plan if the parents do not address their issues during the current measures;
[ 12 ] ORDERS the Director of Youth Protection to provide the child all the psychological and medical services he requires; [ 13 ] ORDERS that the child attend a childcare establishment; [ 14 ] ORDERS the Director of Youth Protection to supervise the visits between the child and his parents as for the frequency and the modalities; [ 15 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and drugs consumption; [ 16 ] ORDERS that the parents collaborate with the social worker and follow his recommendations; [ 17 ] ORDERS the parents to remain sober in presence of the child; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his parents until June 7, 2019; [ 19 ] ORDERS the police to collaborate in the execution of the present enactment; [ 20 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Geneviève Apollon Attorney for the applicant Me Cassandra Neptune Attorney for the child Date of hearing: July 27, 2018
Loading document…