2019 QCCQ 11251, 2019 QCCQ 11251
Opinion
Protection de la jeunesse — 192042 2019 QCCQ 11251 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002147-186 DATE: February 27, 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 [...], 2005 Youth and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95(para. 2) 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 extension of a decision under s. 95 of the Youth Protection Act , [1] rendered on February 21, 2018, by the Honourable Jean Gravel, J.C.Q.
At that time, he declared that the security and development of X were in danger and entrusted him to an institution operating a rehabilitation centre with reintegration in a foster family. [ 2 ] At the hearing, the mother was present and assisted by counsel. X was also present, but was authorized to wait outside while his counsel represented him. He was, however present for the decision. Facts: [ 3 ] All the facts were admitted by the mother. X also admitted some facts. [ 4 ] The mother does not have a stable house to live in and moves often. On several occasions, she asked Youth Protection for help to buy food.
She is involved in the youth’s life and her cooperation with Youth Protection is regular. [ 5 ] The youth has remained at the specialized rehabilitation centre in Town A since the last Court hearing. He is doing well in a structured environment that meets his specific needs. [ 6 ] X has special needs. He has been diagnosed on the autism spectrum. He is being treated by Dr. Michelle Larose, psychiatrist. Position of the parties: [ 7 ] The parties agree with the amended recommendations. [ 8 ] The mother is now homeless. Once she has found a place to live, the youth’s reintegration will be an option.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS this application; [ 10 ] EXTENDS the decision or order rendered on February 21, 2018; [ 11 ] DECLARES that the security and development of X, born on [...], 2005, are still in danger; [ 12 ] ORDERS that the youth be entrusted to a rehabilitation center, chosen by the institution operating a child and youth protection center, with a possible reintegration in a foster family as soon as the situation allows;
[ 13 ] ORDERS that the Director of Youth Protection determine a permanency plan for the youth aimed at ensuring continuity of care, a stable relationship and stable living conditions that correspond to the youth’s needs and age; [ 14 ] ORDERS the mother to take an active
part in the application of the measures ordered by the Court; [ 15 ] ORDERS the mother to report in person, at regular intervals, to the Director to inform him of the current situation; [ 16 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 17 ] ORDERS that the youth and the family receive the services of an external educator for the period deemed necessary by the professional; [ 18 ] ORDERS that the youth receive specific health care and health services, namely a psychological assessment; [ 19 ] RECOMMENDS that the mother seek help through Social Services for her personal issues and parental capacities; [ 20 ] ORDERS that visits between the youth and the mother be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 21 ] ORDERS that the visits with the mother be facilitated by the Director of Youth Protection; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 23 ] ORDERS the police to cooperate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A who shall then see that the measures are carried out.
THE WHOLE UNTIL FEBRUARY 29, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Date of hearing: February 27, 2019
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