2018 QCCQ 18511, 2018 QCCQ 18511

Protection de la jeunesse — 188364 2018 QCCQ 18511 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 614-41-000282-188 614-41-000283-186 DATE: October 4, 2018 ______________________________________________________________________ PRESENT : THE HONOURABLE MARC OUIMETTE J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection case worker, duly authorized by the Director of Youth Protection A Applicant and X , born on [...], 2003 Y , born on [...], 2001 Adolescents and A Mother and B Father ______________________________________________________________________ JUDGMENT ( section 95 (1) , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of information allowing 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 has before it two motions to review and extend Justice Lucille Beauchemin’s decisions dated March 26, 2018, declaring the security and development of the adolescents compromised, and entrusting X to an institution operating a rehabilitation centre for six months and Y to a foster family for six months. [ 2 ] At the hearing, the adolescents and the mother were present and assisted by different counsel. The father was not present, he is not involved in the girls’ life.

He is not living in Canada. He has no known address. According to the mother, he is still living somewhere in [Country A]. For security reasons, it is in the interest of the adolescents that we proceed in his absence. Facts: Y: [ 3 ] The adolescent has remained in a foster family and is doing well. [ 4 ] The mother is planning to leave on September 16, 2018, for treatment in City A for six weeks. [ 5 ] The mother is struggling with alcohol addiction. [ 6 ] The mother maintains regular contact with the adolescent. [ 7 ] Presently, the mother cannot resume care of the adolescent.

X: [ 8 ] The adolescent has remained in a group home and is doing well. [ 9 ] The adolescent benefits from counselling and expresses that it helps her and that she needs counselling;

[ 10 ] The mother maintains regular contact with X. [ 11 ] Presently, the mother cannot resume care of the adolescent. Situation of the adolescents: [ 12 ] The parties agree that the security and development of the adolescents are still in danger and that the measures need to be extended.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the motions; [ 14 ] REVIEWS AND EXTENDS the decisions rendered on March 26, 2018; Y: [ 15 ] DECLARES the security and development of Y, born on [...], 2001, to be still in danger in accordance with the Youth Protection Act ; [1] [ 16 ] ORDERS that Y be entrusted to a foster family until [...], 2019, with a possible reintegration with the mother following the completion of a treatment for alcohol addiction and a four-month period of sobriety; [ 17 ] RECOMMENDS that the mother remain sober and follow her aftercare plan from the Treatment center; [ 18 ] ORDERS that access rights between the adolescent and the mother be encouraged as long as the mother is sober at all times during visits; [ 19 ] ORDERS that aid, counsel and assistance be provided to the adolescent and the mother until [...], 2019; [ 20 ] ORDERS that the adolescent receive professional help, including follow-up with a psychologist; [ 21 ] ORDERS that the mother continue to collaborate with the Director of Youth Protection and respect the appointments set by the Director of Youth Protection; [ 22 ] AUTHORIZES that all service providers share information with the Director of Youth Protection in regards to the family; [ 23 ] ORDERS that the parties abide by these terms; [ 24 ] ORDERS that the police collaborate with the execution of the order; [ 25 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection Services A, who shall see that the measures of the agreement are carried out.

X: [ 26 ] DECLARES the security and development of X, born on [...], 2003, to be still in danger in accordance with the Youth Protection Act ; [2] [ 27 ] ORDERS that X be placed in a foster home for a period of nine (9) months with a possible reintegration with the mother following the completion of the treatment for alcohol addiction and a four-month period of sobriety; [ 28 ] RECOMMENDS that the mother remain sober and follow her aftercare plan from the treatment center; [ 29 ] ORDERS that access rights between the adolescent and the mother be encouraged as long as the mother is sober at all times during visits; [ 30 ] ORDERS that aid, counsel and assistance be provided to the adolescent and the mother for a period of twelve (12) months; [ 31 ] ORDERS that the adolescent receive professional help, including follow-up with a psychologist; [ 32 ] ORDERS that the mother continue to collaborate with the Director of Youth Protection and follow through with fixed appointments set by the Director of Youth Protection; [ 33 ] AUTHORIZES that all service providers share information with the Director of Youth Protection in regards to the family; [ 34 ] ORDERS that the parties abide by these terms; [ 35 ] ORDERS that the police collaborate with the execution of the order; [ 36 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection of Cree Board of Health and Social Services of James Bay, who shall see that the measures of the agreement are carried out.

__________________________________ MARC OUIMETTE, J.C.Q. Mtre. Adelia Ferreira Counsel for the applicant Mtre. Yan Massé Counsel for the adolescents Mtre. Marie-Josée Ayoub Counsel for the mother Date of hearing: September 7, 2018