2021 QCCQ 11162, 2021 QCCQ 11162
Opinion
Protection de la jeunesse — 216156 2021 QCCQ 11162 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000617-198 DATE: September 13, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2011 Child and A and B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Last March, the Court revises and extends a previous judgment and orders notably that the child remain with her maternal grandmother. [ 2 ] The Court is now seized with an application for revision and extension of that order. The director of youth protection (DYP) asks the Court to entrust the child to her mother and order the application of protective measures for the next six months. [ 3 ] The mother admits the alleged situation and agrees with the conclusions the DYP is seeking.
The child’s counsel shares that position. [ 4 ] The mother’s situation still evolves positively. The federal Parole Board granted the mother full parole on June 12, 2021. The mother still receives counselling and she shows a good collaboration to professionals surrounding her. She remains sober. She is now working on a full-time basis. [ 5 ] The mother, who used to live at the grandmother’s, now has her own residence. [ 6 ] While living at the grandmother’s, the mother was taking an active
part in the care of the child. She is now ready to assume her parental duties on her own, on a daily basis. [ 7 ] The child adjusted well to her life with her grandmother, while her mother was dealing with addictions and other personal issues. She does not show any behavioural problems. She is happy to go back living with her mother. [ 8 ] The mother has worked hard to solve her issues. The Court sincerely hopes she will be able to remain on that path in the future. FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth
protection act ; [ 11 ] REVISES AND EXTENDS the Court order rendered on March 25, 2021; [ 12 ] ENTRUSTS the child have to her mother; [ 13 ] RECOMMENDS that the mother pursue her counselling for her personal issues, notably addiction and psychological follow-up; [ 14 ] RECOMMENDS that the father pursue counselling for his personal issues notably in regard to anger management; [ 15 ] ORDERS that the parents be sober in the presence of the child; [ 16 ] ORDERS that the father report in person as of the request of the DYP; [ 17 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in the child's regard, in order to put an end to the situation in which the security or development of the child is in danger; [ 18 ] ORDERS that a person working for an establishment provide aid, counselling and assistance to the child and her family for a period of six months; [ 19 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.
Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Ms. A the mother Mr. B the father (absent) Date of hearing: September 1, 2021
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