2018 QCCQ 18980, 2018 QCCQ 18980

Protection de la jeunesse — 1810201 2018 QCCQ 18980 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001594-131 DATE: August 31, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother ______________________________________________________________________ JUDGMENT (sections 95 (1) of the 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 Director of Youth Protection A submits a motion asking the Court to review the situation of X, born on [...], 2011. [ 2 ] In the judgment rendered on April 8, 2015, by judge Jean Gravel, J.C.Q., X was entrusted to the foster family of Mrs. B until he reaches his majority.

Now, the applicant asks for a placement in a new foster family, with progressive reintegration with his mother if the situation allows it, until July 31, 2019. [ 3 ] At the hearing, the mother is present assisted by Me Angele Tommasel. The child is represented by Me Cassandra Neptune and Me Sarah Bourgeois Lessard represents the applicant. [ 4 ] The facts in support of the revision are all admitted and the parties agree with the recommendations included in the revision report filed. [ 5 ] It is proved that during the child’s placement in the foster family of Mrs.

B, X became autonomous and resourceful because he lived a lot of instability in his foster home. The foster mother gave up the child’s care without advising the Youth Protection Services. Consequently, the child spent a lot of time at his mother’s house and was not provided proper adult supervision. Also, the foster mother started to share the child’s responsibility with her brother in January 2017. On February 20, 2018, the brother of the foster family disclosed that the child had moved to another house.

It is only on May 2 that the child disclosed that he was not staying with his foster mother and has regular contact with his mother. [ 6 ] Even under the Director of Youth Protection services, the child continued to evoluate in unstable environment without adult supervision. [ 7 ] It proves some deficiencies in the services provided and such situation should be investigated. [ 8 ] For now, the child needs to attend a foster family very attentive and protective to his needs. He has to attend school regularly to respect the authority.

His visits to his mother have to be planned and organised. [ 9 ] The mother wants to assist the social worker and together they will try to find in the extended family a member interested to assume the child. The mother already submits the name of her brother. He will be evaluated as a foster family and if he is accredited, the child might be placed in his home. [ 10 ] The mother wishes to have her son back with her but she still has severe issues to work on.

She has to take actions to collaborate with the social worker. [ 11 ] Considering the evidence and the parties’ agreement with the measures recommended; CONSEQUENTLY, THE COURT:

[ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of X, born on [...], 2011, are still in danger; [ 14 ] ORDERS the placement of the child in a foster family until July 31, 2019; [ 15 ] ORDERS the Director of Youth Protection to supervise the visits between the child and his mother as for duration and frequency; [ 16 ] ORDERS the mother remain sober in presence of the child and without any violent behaviour; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his mother until July 31, 2019; [ 18 ] ORDERS the mother to seek help through social services for her alcohol and personal issues; [ 19 ] ORDERS the mother to report in person or by phone, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] RECOMMANDS the Commission des droits de la personne et des droits de la jeunesse to investigate in the present file; [ 21 ] ORDERS the police to collaborate to the execution of the present judgment; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the child Me Sarah Bourgeois Lessard Attorney for the applicant Me Angele Tommasel Attorney for the mother Date of hearing: July 25, 2018