2018 QCCQ 16426, 2018 QCCQ 16426
Opinion
Protection de la jeunesse — 186522 2018 QCCQ 16426 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000844-180 DATE: August 17, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER: X, born on [...], 2017 [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 Y.P.A.) ______________________________________________________________________ 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 Youth Protection A submits to the Court a motion for extension of the measures ordered on January 30, 2018, by Judge Guy Lecompte, J.C.Q., concerning the situation of X, born on [...], 2017. [ 2 ] The mother is present at the hearing, represented by Me Angèle Tommasel. Me Marianne Léonard represents the father, absent.
Me Cassandra Neptune represents the child and Me Geneviève Apollon the applicant. [ 3 ] The parents admit many allegations and agree with the recommendations included in the revision report filed. [ 4 ] It is proved that since the last judgment the child was placed in five different foster homes and he is now in a stable one. The child has same minor health issues. [ 5 ] The mother collaborates well with the social worker and she wants to assume her child soon. [ 6 ] She did not attended yet the treatment in Centre A for her alcohol consumption issue. [ 7 ] The parents consume alcohol abusively and regularly.
They have a violent and unstable relationship. [ 8 ] Last April 4 th , the mother came ate the Youth Protection office while being intoxicated. On April 17 th , the parents missed a visit with their son because the mother was victim of conjugal violence by the father on the previous day. [ 9 ] The father was not as much collaborative as the mother. He acknowledged some personal issues but did not seek counselling. [ 10 ] The mother wants to have more delay to complete her treatment and therapy. She offers a very good collaboration and is honest with the social worker.
She is well aware of all consequences if the child would remain placed in foster home.
CONSEQUENTLY, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X are still an danger; [ 13 ] ORDERS the placement of the child in a foster family chosen by the institution operating a child and youth protection centre until November 30, 2018, with reintegration with the mother; [ 14 ] ORDERS that the contacts between the child and the father be supervised by the D.Y.P. when the child will be reintegrate with the mother; [ 15 ] ORDERS that de parents remain sober and refrain from any aggression or violence in the presence of the child; [ 16 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and his parents as for the modalities, the frequency and the degree of supervision [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his parents until November 30, 2018; [ 18 ] ORDERS the mother to attend treatment for her alcohol and drug addiction at Centre A in a short delay; [ 19 ] ORDERS the parents to take are active
part in the application of the measures ordered by the Tribunal; [ 20 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 21 ] ENTRUSTS the child situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Marianne Bourgeois-Lessard Attorney for the father Me Cassandra Neptune Attorney for the child Date of hearing: May 25, 2018
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