2020 QCCQ 7301, 2020 QCCQ 7301
Opinion
Protection de la jeunesse — 206132 2020 QCCQ 7301 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-002253-182 640-41-002252-184 DATE: February 28 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2011 Y, born on [...] 2015 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (
Section 95 Youth Protection Act , 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 (the “Director”) asks the Court to review the decisions made on January 31 st 2019 concerning the children, X and Y. [ 2 ] The parents are present in court.
They admit most of the alleged facts and accept the proposed measures. [ 3 ] The children are represented by a lawyer. X was able to give her position to this lawyer. She admits part of the allegations and accepts the measures proposed. [ 4 ] The parents were separated when the last Court decisions were made. Many precisions were needed to decide between the parents what responsibility they had and at what moment they would keep the children. [ 5 ] The parents now live together. [ 6 ] They are working on their personal issues but still need help.
They still consume alcohol and have verbal arguments together. [ 7 ] X told her lawyer that she felt good in her family and wanted to live with her parents. [ 8 ] The family’s situation is still fragile but the parents are working in the right direction. FOR ALL THESE REASONS, THE COURT: [ 9 ] GRANTS the application;
[ 10 ] DECLARES that the security and development of the children, X and Y are still in danger; [ 11 ] REVISES the decision rendered on January 31 st 2019; [ 12 ] ORDERS that the children be maintained with the parents; [ 13 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the children’s regard to put an end to the situation of compromission; [ 14 ] ORDERS that the parents take an active
part in the application of the measures; [ 15 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 16 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the children; [ 17 ] ORDERS that the parents seek help through social services concerning their alcohol, drugs and personal issues; [ 18 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 19 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection for the execution of the measures; [ 20 ] THE WHOLE until June 30 th 2020. __________________________________ JEAN GRAVEL, J.Q.C.
Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the children Mtre Angele Tommasel, Attorney for the mother Mtre Daniel Crespo, Attorney for the father
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