2018 QCCQ 18983, 2018 QCCQ 18983

Protection de la jeunesse — 1810205 2018 QCCQ 18983 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002131-172 DATE: August 31, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2008 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ JUDGMENT (sections 95 (2) 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 ] The Director of Youth Protection A. submits to the Court an application in revision of the judgment rendered on November 21, 2017, by judge Guy Lecompte, J.C.Q., concerning the situation of X, 10 years old. [ 2 ] At the hearing, the child and the mother are present, assisted by Me Cassandra Neptune and Me Angele Tommasel.

Me Sarah Bourgeois Lessard represents the applicant. [ 3 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the child. The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the child and the draft detailed these facts: 2.1 The mother still displays mental health issues; 2.2 The mother did not seek help with the Social Services regarding her personal issues; 2.3 The mother is unable to meet the needs of the child; 2.4 Since the last court hearing, the child was able to improve his behaviour at school; 2.5 Since the last court hearing, the child remained under the care of Mrs.

B, his foster mother, and he is doing well; 2.6 The foster mother is willing to take care of the child on a long term placement; 2.7 The contacts between the mother and the child are irregular; (Exact reproduction) [ 4 ] In order to put an end to the situation of danger for the child’s security or development, the parties agree on the following measures: 3.1 That the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, namely Ms. B;

3.2 That the Director of Youth Protection determine a life plan for the child aimed at ensuring continuity of care, a stable relationship and a stable living conditions corresponding to the child’s needs and age; 3.3 That the child attends a school or another place of learning or participates in a program geared to developing skills and autonomy; 3.4 That the mother seeks help through the Social Services concerning personal issues, namely her mental health issue; 3.5 That a person working for an institution or body provide aid, counselling ro assistance to the child and the child’s family until July 12, 2019; 3.6 That the situation of the child, X, be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out. (Exact reproduction) [ 5 ] The Court is of the opinion that the measures respect the rights and interest of the child.

FOR THOSE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] DECLARES that the security and development of X, born on [...], 2008, are still compromised; [ 8 ] ENDORSES the draft agreement and ORDERS to the parties to conform to it; [ 9 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection center, namely Mrs.

B; [ 10 ] ORDERS that the Director of Youth Protection determine a life plan for the child aimed at ensuring continuity of care, a stable relationship and a stable living conditions corresponding to the child’s needs and age; [ 11 ] ORDERS that the child attends a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 12 ] ORDERS that the mother seeks help through the Social Services concerning personal issues, namely her mental health issue; [ 13 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and the child’s family until July 12, 2019; [ 14 ] ORDERS any police officer to collaborate in the execution of the judgment; [ 15 ] ENTRUST the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the child Me Sarah Bourgeois Lessard Attorney for the applicant Me Angele Tommasel Attorney for the mother Date of hearing: July 25, 2018