2015 QCCQ 19895, 2015 QCCQ 19895
Opinion
Protection de la jeunesse — 157231 2015 QCCQ 19895 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 565-41-000131-140 DATE: October 27, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE MARIE PRATTE, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, Youth Protection Act ) ______________________________________________________________________ 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 Court is seized of a petition under
Section 95 of the Youth Protection Act . [ 2 ] At the beginning of the hearing, the attorney for the Director of Youth Protection stated that this petition is based on the following motives: The mother is still having personal and health problems; Since the child has been with the grand-mother we can see an improvement in his development; It is in the best interest of the child to remain with his grand-mother; [ 3 ] The Court, with the consent of the attorney, read the report (D-1) filed by M e Danielle Pharand, attorney for the Director of Youth Protection. [ 4 ] According to the proof, the mother is still having mental health problem and it is in the best interest of the child to be entrusted to his grand-mother. [ 5 ] Given the consent of all parties with the social practitioner's recommendations; [ 6 ] THEREFORE THE COURT: [ 7 ] GRANTS the petition; [ 8 ] DECLARES that the security and the development of the child are still compromised; [ 9 ] REVISES AND EXTENDS the decision rendered on April 1 st , 2015; [ 10 ] ORDERS the execution of the following protective measures:
a) That the child be entrusted to his maternal grand-mother, Mrs. C, for a period of six months;
b) That a person authorized by the director of youth protection provide aid, counselling or assistance to the child and his family for a period of seven months;
c) That contacts between the child and his mother be determined according to the agreement between the mother, the grand-mother and the social worker; any dispute in that regard to be submitted to the Court;
d) That the mother report every two weeks to the Director of Youth Protection in order to keep the Director informed of developments in the situation and of the measures she takes to correct it;
e) That the child receive the proper services for his developmental needs (speech therapist, paediatrician, child psychiatrist, occupational therapist); [ 11 ] RECOMMENDS :
a) That the mother follow a program for parental abilities;
b) That the mother receive a follow-up for health issues; [ 12 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of this decision. __________________________________ MARIE PRATTE, J.Q.C. Mtre. Xle Pharand Counsel for the Director of Youth Protection Mtre. Chloé Vendette Counsel for the child Mrs. A Mother - Representing herself Date of hearing: October 27, 2015
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