2015 QCCQ 19343, 2015 QCCQ 19343
Opinion
Protection de la jeunesse — 156962 JL 4031 COURT OF QUÉBEC 2015 QCCQ 19343 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-026275-123 DATE : September 16, 2015 ______________________________________________________________________ IN THE PRESENCE OF : Mr.
JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A Director and X born on [...], 2003 child and A parent ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.
Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of a Motion filed pursuant to
Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection of A (" the Director" ), to extend an order rendered by the undersigned on March 18 th , 2015, entrusting X to a rehabilitation centre with other corrective measures until August 5 th , 2015. [ 2 ] The Director is recommending today that X remain in a rehabilitation centre with other corrective measures, the whole for a period of six (6) months. [ 3 ] The mother is absent. She is presently incarcerated and did not want to be present today.
The Court is nonetheless informed that she consents to the measures proposed by the Director. [ 4 ] The facts establish that X has done fairly well in placement. Her mother has remained very involved with her daughter. They see each other regularly. [ 5 ] Although the mother is generally cooperative, her personal situation remains largely a mystery to the youth protection worker such that no integration to her home can take place. [ 6 ] No viable family members have been able to receive X. [ 7 ] The plan currently is to find an appropriate foster home for X and have her integrate said home during the next period.
For now, X and her mother have expressed reservations about X moving into a foster family. As well, no resource has been found.
[ 8 ] Thus, the next six months should allow a clearer plan to emerge for X. [ 9 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 10 ] GRANTS the Motion for Extension ; and [ 11 ] DECLARES that the security or development of the child is still compromised; [ 12 ] AND PURSUANT TO THE POWERS GRANTED UNDER
SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES : [ 13 ] ORDERS that X be entrusted to a rehabilitation centre; [ 14 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director, including supervision if necessary; [ 15 ] ORDERS that the frequency and modality between the child and Mr.
B be determined by the Director of Youth Protection; [ 16 ] ORDERS the mother to inform the Director of any change of coordinates (address and telephone number); [ 17 ] ORDERS a person working for [Centre A] to provide aid, counsel and assistance to the child and the family; [ 18 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A for the purposes of the execution of this judgment; [ 19 ] ORDERS the execution of this judgement by any peace officer, if necessary; [ 20 ] ALL OF THESE ORDERS will apply for a period of six (6) months; _______________________________________ CLAUDE LAMOUREUX, J.C.Q.
Me Dominique Douglas Attorney for the Director Me Alec Fafard Attorney for the child Date of hearing : CL/nl September 16 th , 2015
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