2020 QCCQ 9590, 2020 QCCQ 9590

Protection de la jeunesse — 201852 2020 QCCQ 9590 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000422-198 DATE: February 11, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2010 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 a previous judgment rendered on July 4, 2019, ordering the placement of the child in a foster home for a period of 6 months with other supportive measures. [ 2 ] At the hearing, the mother, present, is represented by Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of the child and Mtre.

Magdalena Lempicka acts on behalf of the applicant. [ 3 ] The father has not been served since his whereabouts are unknown. The Director of Youth Protection requests a dispensation of service for the father as he is not involved in the situation of the child and does not offer any collaboration to the Director of Youth Protection. Mrs. [Social Worker 2], team leader, testified about the steps taken in order to locate Mr. B. The last information was that he was living in Town A. However, the team leader in Town A informed Mrs. [Social Worker 2] that Mr.

B would now live in Town B, but she had no address for him. [ 4 ] The Court GRANTS the request for dispensation of service due to the fact that the father is not involved in the child’s situation nor has he collaborated with the Director of Youth Protection. [ 5 ] The evidence reveals that the mother went for treatment from September 22, to October 16, 2019, and has been able to remain sober since then. She attends AA meetings regularly.

She is currently living at [Center A] who provides services for her. [ 6 ] She has always exercised her access rights to the child. [ 7 ] The mother will have her own apartment, supervised by [Center A], at the end of the month of February and the Director of Youth Protection is of the opinion that the child could be reunited with her mother with a short placement with her maternal grandmother as a safety net. [ 8 ] These measures are adequate and in the best interest of the child. FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the application;

[ 10 ] REVIEWS and EXTENDS the previous Court order; [ 11 ] MAINTAINS that the security and development of X, born on [...], 2010, are still endangered; [ 12 ] ORDERS that the child be entrusted to her maternal grandmother for a period of 3 months, with reintegration with her mother as soon as she gets her own apartment; [ 13 ] ORDERS aid, counselling and assistance be provided to the child and the mother for a period of 6 months; [ 14 ] ORDERS that the access rights between the child and the father be pre-authorized by the Director of Youth Protection after having assessed the seriousness of the father to be present in the life of the child and his capacity to be regular in the exercise of his access rights, with the consent of the child, if is in the best interest of the child and ORDERS these access rights to be supervised by the Director of Youth Protection as for the frequency and modalities, including the presence of a third party approved by the Director of Youth Protection; [ 15 ] ORDERS any peace officer to collaborate with the execution of the measures ordered if requested to do so by the Director of Youth protection or one of its representatives; [ 16 ] ENTRUSTS the situation of X to the Director of Youth Protection A.

Signed in Town C on April 2, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town D Attorney for the child Mtre. Michel Grenier Michel Grenier, Avocat – Town B Attorney for the mother Mtre. Marie-Josée Ayoub Ayoub Avocats inc – Town E Attorney for the father Date of hearing: February 11, 2020