2017 QCCQ 9080, 2017 QCCQ 9080
Opinion
Protection de la jeunesse — 173797 2017 QCCQ 9080 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT [...] N° : 525-41- 030656-169 ; 525-41-030655-161 DATE : April 7, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on […], 2000 Y , born on […], 2003 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (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, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under
Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on April 7 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for extension of a decision rendered by the undersigned on March 16 th , 2016. The Director is asking that the adolescents remain entrusted to their parents and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The parents and their daughters have agreed to the extension of the involvement of the Director without them being present in Court.
They recognize the new facts alleged in support of the motions. They have read the report and acknowledge its content. They agree with the recommendations presented by the Director. [ 4 ] On behalf of the adolescents, their attorney provides additional information supporting the recommendations of the Director. CONTEXT [ 5 ] As summarized by the worker in her report, the family members remain stressed due to their immigration status.
In addition, the parents and the adolescents are frequently ill and need support in order to connect with the appropriate resources as well as to follow- through with the different recommendations made in relation to their health. [ 6 ] The family has unfortunately failed to follow-through with community resources offering them extra help. However, the adolescents
and their parents have worked well with the Director. [ 7 ] The continued involvement of the Director is deemed necessary in order to ensure that the family receive the necessary medical and psychosocial follow-up. The adolescents as well as their parents wish to continue receiving the help and support from the Director. [ 8 ] Under the circumstances, the Director has established that the security and development of the adolescents are still compromised. The measures recommended by the Director and agreed upon by all the family members meet the needs of the adolescents and are in their best interest.
AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 9 ] DECLARES that the security and the development of the adolescents are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 10 ] ENTRUSTS both adolescents to the care of their parents; [ 11 ] ORDERS that the parents ensure that their daughters’ medical needs are met; [ 12 ] RECOMMENDS to the parents to receive follow-up for their own medical needs; [ 13 ] ORDERS that Y attend school on a regular basis; [ 14 ] ORDERS that aid, counsel and assistance be provided to the adolescents and their parents for a period of one (1) year; [ 15 ] ENTRUSTS the situation of the adolescents to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.
Me Nadia Sabik Attorney for the Director of Youth Protection Me Mylène Saad Attorney for the children Date of hearing : April 7 th , 2017
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