2021 QCCQ 17276, 2021 QCCQ 17276

Protection de la jeunesse — 217192 2021 QCCQ 17276 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] LOCALITY OF […] Youth Division No: 614-41-000660-201 DATE: October 14, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Youth Protection Worker, duly authorized by the Director of Youth Protection of the Board of Health and Social Services of A Applicant And X, born on [...], 2010 Child And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 submits an application asking the Court to review and extend a judgment rendered by Judge Lucie Godin, J.C.Q., on March 23, 2021, entrusting the child to the father. [ 2 ] For the hearing, Mtre.

Marie-Michelle Grenier acts on behalf of the mother and Mtre. Marie-Josée Ayoub on behalf of the father. Mtre. Yan Massé represents the child while Mtre. Adelia Ferreira acts for the applicant. [ 3 ] The Director of Youth Protection recommends that the child be entrusted back to the mother’s care, which is challenged by the father.

The child is in agreement with the recommendations. [ 4 ] Even though the parties are living apart since X was 3 years old, they are still unable to effectively communicate in the best interest of the child. [ 5 ] In the last judgment, Judge Godin took judicial notice that the mother and the father agreed to participate in individual counselling to develop strategies to effectively co-parent and recommended them to participate. In fact, the father does not want to participate in such counselling.

He does not want to speak with the mother saying that she is falsely accusing him of drinking. [ 6 ] The father acknowledges that in July and August he had episodes of drinking when X was with his mother. [ 7 ] The father also adds that when the mother calls him, it provokes arguments with his girlfriend. X heard some of the arguments between his father and his girlfriend. The father would like the child to be entrusted to him. [ 8 ] As for the mother, she took steps in order to solve the problems she was facing last year. She met with a psychotherapist, Dennis Windego.

She completed an online treatment for substance abuse with A Centre. She also attended counselling sessions at B Counselling Centre on a regular basis from January to June. [ 9 ] The documents are filed. The mother is described as courageous and committed. A Centre wrote that she was present and focused throughout the program.

She demonstrated good personal reflection on the life issues she was facing and the continued actions she would need to continue nurturing and maintain a healthy lifestyle. [ 10 ] She is asking that the child be entrusted to her. [ 11 ] In fact, for X, home is the place of his mother since he was living with her since the separation of his parents.

[ 12 ] The Social Worker testified that the mother is ready to take care of X. As for the father he has not taken any steps: workshops or counselling. [ 13 ] The Social Worker supervised many access rights exercised by the mother and everything went well. In May, supervision of contacts was lifted. [ 14 ] She states that the father is a good parent, but it is also the case for the mother. [ 15 ] The best interest of the child is to be entrusted back to his mother, which is home for him.

FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of X are still endangered; [ 18 ] REVIEWS and EXTENDS the last court decision; [ 19 ] ENTRUSTS the child to the care of the mother; [ 20 ] ORDERS that access rights between the child and his father be encouraged and supervised by the Director of Youth Protection as for the frequency and modalities; [ 21 ] ORDERS that both parents ensure that the child is not exposed to anyone who is under the influence of drugs or alcohol; [ 22 ] ORDERS the mother to continue to address her alcohol consumption issues (after care program) and that she follow the recommendations of the professional; [ 23 ] RECOMMENDS that the father be assessed for substance abuse issues and that he follow the recommendations of the professional; [ 24 ] RECOMMENDS that the parents engage in counselling to develop effective co-parenting strategies; [ 25 ] ORDERS that the parent not denigrate the other parent in presence of the child and not to expose him to adult discussions; [ 26 ] ORDERS that the child be assessed for post-traumatic stress disorder and anxiety in the best delays; [ 27 ] ORDERS that the child receive counselling to deal with the impact of the parental conflict; [ 28 ] ORDERS the parents to take all the necessary steps to support the child in such counselling; [ 29 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family as for attendance, collaboration and the progress of their respective clients; [ 30 ] ORDERS both parents to fully collaborate with the Director of Youth Protection and meet the Worker upon request; [ 31 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 9 months [ 32 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the child Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the mother Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Lawyer Lawyer for the father Date of hearing: October 14, 2021