2017 QCCQ 8497, 2017 QCCQ 8497

Protection de la jeunesse — 173393 2017 QCCQ 8497 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No. 635-41-000700-168 DATE: February 8, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and A , residing and domiciled in City A, District A Mother ______________________________________________________________________ JUDGMENT ( sections 95(1) and 75 of the Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is guilty of 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 (DYP) submits a motion for review of the situation of the child X, born on [...], 2001. [ 2 ] On May 3, 2016, the Honourable Jean Gravel rendered a decision under

section 38 of the Youth Protection Act and ordered the following measures: [10] GRANTS the motion; [11] DECLARES that the security and development of the child, X, are in danger in virtue of sections 38 b) 1) iii), 38 b) 1) and 38 b) 2) of the Youth Protection Act ; [12] ORDERS that the child remain with the mother; [13] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in the child’s regard to put an end to the situation of compromission; [14] ORDERS that the child and the mother take an active

part in the application of the measures; [15] ORDERS that the mother refrain from consuming alcohol in the presence of the child; [16] RECOMMENDS that the mother seek help through social services concerning her alcohol and personal issues; [17] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [18] ORDERS the police to collaborate to the execution of the enactment; [19] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [20] THE WHOLE until November 30 th 2016. [ sic ] [ 3 ] The child and the mother were present in court on December 1, 2016.

[ 4 ] The mother is facing various challenges in her life. She sometimes has difficulty supervising her daughter. She has to fulfill the needs of two young children as well as the needs of her own father, who is physically ill. [ 5 ] The applicant confirms that the mother and her boyfriend mobilized themselves regarding their personal issues. But the mother’s involvement is still recent and the situation remain fragile. [ 6 ] The main improvement for the mother is to provide for her children’s basic needs.

She still need support and counsel to address her alcohol issues and to improve her parenting skills in order to supervise her teenage daughter. [ 7 ] The adolescent is vulnerable because of her developmental delay and needs to improve her development. Her sporadic school attendance harms the efforts of the professionals from the school.

She needs to be supported by her family to go to school on a regular basis. [ 8 ] An external educator will help the mother intervene with her daughter and establish structure and discipline at home. [ 9 ] The child needs special attention to ensure her security and development, and the Court believe that this additional support will improve the mother’s ability to meet her special needs.

FOR ALL THESE REASONS, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] REVIEWS AND EXTENDS the decision rendered on May 3, 2016; [ 12 ] DECLARES that the security and development of X, born on [...], 2001, continues to be in danger; [ 13 ] ORDERS that the child remains with her mother; [ 14 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 15 ] ORDERS that the child and the child’s mother take an active

part in the application of any measures ordered by the Court; [ 16 ] ORDERS that the mother refrain from consuming alcohol in the presence of the child; [ 17 ] RECOMMENDS that the mother seek help through social services concerning her personal issues; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until August 18, 2017; [ 19 ] ORDERS that the child and the child’s family receive the services of an external educator; [ 20 ] ORDERS that the child attend school or another place of learning or participates in a program to developing skills and autonomy; [ 21 ] ORDERS the police to cooperate in the execution of the enactment; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the order; [ 23 ] THE WHOLE until August, 18, 2017. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Kimon Kling Attorney for the child Mtre. Geneviève Apollon Attorney for the applicant Mtre. Marianne Léonard Attorney for the mother Date of hearing: December 1, 2016