2012 QCCQ 13949, 2012 QCCQ 13949
Opinion
Protection de la jeunesse — 125668 2012 QCCQ 13949 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division N° : 505-41-006890-125 DATE : August 1, 2012 ______________________________________________________________________ BY THE HONOURABLE L’HONORABLE JEAN GRAVEL ______________________________________________________________________ IN THE MATTER OF THE CHILD: X, born on […] 1998 Child v. [SOCIAL WORKER 1] Petitioner and A Parent ______________________________________________________________________ JUDGMENT (article 95(2) L.P.J.) ______________________________________________________________________ [ 1 ] In accordance with section 95(2) of the Youth Protection Act, the Court is seized of a motion for extension of a Court decision. [ 2 ] With consent and to serve as evidence, the Director of Youth Protection filed various exhibits (D-2) in the record, as the minutes of the hearing show. [ 3 ] Through her attorney, the mother made admissions in support of paragraph 4 of the motion: a)b)c)admitted; d)ignore; e)f)g)admitted; h)i.ignore; ii.admitted; i)j)k)admitted.
The mother agreed with the measures sought. [ 4 ] The great grandmother B agreed with the measures sought. [ 5 ] The Director of Youth Protection asks the Court extend the last orders made on May 23 rd 2000 concerning X. [ 6 ] X was then entrusted to a foster family until April 27 th 2012. [ 7 ] X's situation is relatively stable since he lives with his paternal great grandmother B in 2008. [ 8 ] The Director alleges the following facts in the petition presented to Court: ⇒ Since the last Court order, the child remains in a grandmother; ⇒ The child has been in various homes since he was eight (8) months old; ⇒ Since placement at the age of eight (8) months old, the child has had supervised visits with his mother at least twice (2) a month; ⇒ In 2007, the mother has a plan to go into a women's shelter to possibly have her child eventually return to her care, but she was unable to follow her plan; ⇒ Since February 29 th , 2008, the child has been in a stable environment with his paternal great grandmother, B; ⇒ On February 21 st , 2012, the child went to the hospital center A because he had impulsive suicidal gesture; ⇒ The child has disturbing verbalization namely; .1.
That he wonder how it's like to stab somebody; .2. That he wonder how it's like to open the car door while it's running; ⇒ Since fall 2011, the child receives individual therapy to address many personal issues;
⇒ Previously to his indivual therapy, the child has received art therapy for two (2) years; ⇒ The mother did not followed the recommendations of the last Court order, namely that she did not receive counseling for her personal difficulties and for her life skills. [ 9 ] All those facts were proven to the satisfaction of the Court. [ 10 ] THEREFORE THE COURT: [ 11 ] GRANTS the present motion; [ 12 ] DECLARES that the security and the development of the child X are still in danger; [ 13 ] EXTENDS the Court order rendered on May 23 2000, district A #525-41-007793-003 in the present file; [ 14 ] ORDERS the whole measures until his age of majority […], 2016; [ 15 ] ORDERS the child be maintained in foster care with his paternal great grandmother, B; [ 16 ] ORDERS that the contacts between the child and his mother be upon agreement between the parties in the frequency and the degree of supervision; [ 17 ] ORDERS that a person working for an establishment or a body provide aid, counsel and assistance to the child and is family; [ 18 ] WITHDRAWS the exercise of certain rights of parental authority from the mother and AUTHORIZES B to sign the authorizations required for medical school, recreational, extra-curriculum or travel purposes, including the application for a passport, driving course and driver licenses; [ 19 ] RECOMMANDS that the child maintain is psychological therapy and follow recommendations; [ 20 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment; [ 21 ] THE WHOLE WITHOUT COST. __________________________________ JEAN GRAVEL , juge Cour du Québec Chambre de la jeunesse Me Marie-Luce Abarrategui, attorney the Director of Youth protection Me Jean-Pierre Gaudreau, attorney the child Date of hearing : August 1, 2012
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