2019 QCCQ 12333, 2019 QCCQ 12333
Opinion
Protection de la jeunesse — 192860 2019 QCCQ 12333 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000343-100 DATE: March 19, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2006 Child and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95(para. 1) 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 (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , [1] rendered on June 16, 2015, by the Honourable Jean Gravel, J.C.Q.
At that time, he declared that the security and development of X, born on [...], 2006, were still in danger and entrusted her to a family A until [...], 2024. [ 2 ] At the hearing, the mother was not present or represented. She was notified through the newspaper. The child was present and assisted by counsel. Facts: [ 3 ] The mother allegedly lives in Town B. [ 4 ] The family A where X was living was not adequate. For the past two weeks, she has been living with a new family A. Hopefully, this new family will become the new permanency plan for the youth.
If not, the Director needs to find a family for a long- term placement. FOR THESE REASONS, THE COURT: [ 5 ] GRANTS the application; [ 6 ] REVIEWS the decision or order rendered on June 16, 2015; [ 7 ] DECLARES that the security and development of X, born on [...], 2006, are still in danger; [ 8 ] ORDERS that the child be entrusted to a family A, chosen by the institution operating a child and youth protection center; [ 9 ] ORDERS the child and the child’s mother to take an active
part in the application of any of the measures ordered by the Court; [ 10 ] 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; [ 11 ] ORDERS the mother to remain sober in the presence of the child; [ 12 ] ORDERS that contact between the child and the mother be determined by the Director with respect to the terms, frequency and
degree of supervision; [ 13 ] ORDERS the Director of Youth Protection to develop a permanency plan for the child; [ 14 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and GRANTS them to the Director of Youth Protection to sign all consents for medical, school, travelling, passport and extracurricular actives; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 16 ] ORDERS the execution of the present decision by any peace officer; [ 17 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out.
THE WHOLE UNTIL SEPTEMBER 30, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the child Date of hearing: March 19, 2019
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