2019 QCCQ 11532, 2019 QCCQ 11532
Opinion
Protection de la jeunesse — 192236 2019 QCCQ 11532 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000318-180 DATE: January 9, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2015 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (
Section 95 of the Youth Protection Act , C.Q.L.R., c. P-34.1) ______________________________________________________________________ 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 submits a motion asking to extend a previous judgment rendered by the Honourable Louis Grégoire, J.C.Q., on June 21, 2018, entrusting the child to the maternal grandmother, Mrs. C, for a period of six months, with a possible reintegration with the mother after she completes a treatment program and remains sober for a period of three months following treatment. [ 2 ] For the hearing, the mother is present and represented by Mtre Michel Grenier.
The father is present, but not represented by counsel. Mtre Yan Massé represents the interest of the young child X on a legal mandate. [ 3 ] The motion is not challenged by the parents and the child’s counsel states that the measures recommended are in the best interest of his young client. [ 4 ] X is still entrusted to the grandmother. The mother also lives under the same roof. The mother entered a treatment centre on November 6, 2018, and completed the program on December 13.
She has remained sober since. [ 5 ] The situation of the mother has improved a lot and she collaborates well with the Youth Protection Services. She is in agreement that the child continue to be entrusted to the grandmother for a period of six months with a reintegration with her after she has remained sober for a period of three months starting on December 13, 2018. [ 6 ] The father is also in agreement with these measures. [ 7 ] Mr. B has not seen X since last February.
He declares to the Court that he is willing to be more involved in the child’s life and would agree to work with a Social Worker in Town A in order to improve his relationship with X. [ 8 ] The revision report written by the applicant is filed as evidence. [ 9 ] The mother demonstrates that the best interest of her child is her priority and is willing to receive help in order to fulfill her role towards X. FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] MAINTAINS that the security and development of X, born on [...], 2015, are still endangered;
[ 12 ] ORDERS that X be entrusted to the care of the maternal grandmother, Mrs.
C, for a period of six months with a reintegration with the mother after she has completed a period of sobriety of three months starting on December 13, 2018; [ 13 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one year; [ 14 ] ORDERS the Director of Youth Protection to provide the services of a social worker or a youth worker in Town A for the father; [ 15 ] AUTHORIZES professionals working with the family to share any information regarding the parents and the child; [ 16 ] ORDERS that access rights between the child and his father be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 17 ] ORDERS the parents to collaborate with the Director of Youth Protection and to report to the said Director on a regular basis; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the measures ordered.
Signed in Town A on January 28, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Counsel for the Director of Youth Protection Mtre Yan Massé Centre communautaire juridique A Counsel for the child Mtre Michel Grenier Counsel for the mother Mr. B Father, not represented by counsel Date of hearing: January 9, 2019
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