2019 QCCQ 11243, 2019 QCCQ 11243
Opinion
Protection de la jeunesse — 192034 2019 QCCQ 11243 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000890-183 DATE: February 28, 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 [...] Applicant and X, born on [...], 2017 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 August 21, 2018, by the Honourable Lucille Beauchemin, J.C.Q.
At that time, she declared that the security and development of X, born on [...], 2017, were in danger and entrusted her to a foster family until June 30, 2019. [ 2 ] At the hearing, the one-year-old child was not present, but was represented by counsel. The mother was present and assisted by counsel.
Facts: [ 3 ] The mother admitted all the facts. [ 4 ] The mother gave birth on [...], 2019. [ 5 ] Since the last Court hearing, the mother has addressed her alcohol issues, and completed the six weeks Onen’to’kon treatment program in Town A in December 2018. [ 6 ] Before going to the treatment centre, the mother lived in different houses. [ 7 ] Since returning to the community, the mother has been living with her adoptive mother. [ 8 ] The child is doing well in her foster family. The mother had some contact with her and they were positive. [ 9 ] The mother’s cooperation with Youth Protection is regular.
Analysis: [ 10 ] The mother agrees to the amended measures proposed by the Director of Youth Protection. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS this application; [ 12 ] REVIEWS the decision or order rendered on August 21, 2018;
[ 13 ] DECLARES that the security and development of X, born on [...], 2017, are still in danger; [ 14 ] ORDERS that the child be entrusted to the care of her mother until August 31, 2019; [ 15 ] ORDERS that the child attend a childcare establishment; [ 16 ] ORDERS the mother to remain sober in the presence of the child; [ 17 ] RECOMMENDS that the mother continue her follow-up with Social Services for her alcohol/drugs/personal issues; [ 18 ] TAKES JUDICIAL NOTICE that the mother allows Social Services to inform the Director of Youth Protection on her follow- up regarding alcohol and drugs issues; [ 19 ] ORDERS the mother to report in person, at regular intervals, to the Director to inform him of the current situation; [ 20 ] ORDERS the mother to take an active
part in the application of the measures ordered by the Court; [ 21 ] ORDERS the mother to cooperate with Youth Protection; [ 22 ] AUTHORIZES the Director of Youth Protection to have access to the information regarding the mother’s presence at the appointments set by the professionals and her degree of involvement in the services provided; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family; [ 24 ] ORDERS the police to cooperate in the execution of this judgment; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.
THE WHOLE UNTIL AUGUST 31, 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 Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the mother Date of hearing: February 28, 2019
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