2020 QCCQ 10921, 2020 QCCQ 10921

Protection de la jeunesse — 207846 2020 QCCQ 10921 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000353-187 DATE: December 9, 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 [...], 2008 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT (

Section 95 , 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 to review and extend a previous judgment rendered by the undersigned on June 18, 2020, ordering the placement of the child in a foster family for a period of six months. [ 2 ] However, the situation of X was brought again in Court for provisional measures on September 21, and a placement was then ordered in a rehabilitation centre.

The file was supposed to proceed on November 17, but, as both parents were absent, the hearing for the application under

section 95 of the Youth Protection Act [1] was postponed to December 9, and status quo was ordered with the consent of X and parents’ lawyers. [ 3 ] At the hearing, X is represented by Mtre. Yan Massé, the mother by Mtre. Marie-Josée Ayoub and the father by Mtre. Michel Grenier. Mtre. Magdalena Lempicka acts on behalf of the applicant. [ 4 ] The application and recommendations made by the Director of Youth Protection are not challenged by the parties. [ 5 ] The evidence reveals that, when living in a foster family, X had a hard time to follow the rules. However, his stay in the Group Home A helped him a lot.

The Child’s Care Worker of the Group Home is of the opinion that X does not need a structured environment anymore. Because of this, the applicant recommends that X be entrusted to his parents. [ 6 ] The mother reports that she has been sober since September. She made an application to attend Mobile treatment, but she did not get selected. She hopes to be attending this treatment next January. [ 7 ] The father states that he is trying to quit drinking and that the last time he consumed was last September.

He is also willing to attend Mobile treatment in January with his spouse. [ 8 ] Both parents are happy that X be entrusted to them. They plan that X live with an aunt when they are in the bush. He will be attending school in [Town A]. [ 9 ] The two-month stay in the services of the rehabilitation centre were beneficial to the youth as the behavioural disturbances that he displayed before have disappeared. He is able to respect rules and the authority of adults. [ 10 ] The recommendations made by the applicant are suitable and in the best interest of X.

FOR THESE MOTIVES, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X, born on [...], 2008, are still endangered; [ 13 ] REVIEWS AND EXTENDS the previous Court decision; [ 14 ] ENTRUSTS X to the care of his parents; [ 15 ] ORDERS the parents to attend a substance abuse treatment program and follow the recommendations of the professionals; [ 16 ] ORDERS the parents to attend counselling sessions and parenting workshops; [ 17 ] ORDERS the parents to be and remain sober when in presence of X and not to put him in presence of people under the influence of intoxicating substances; [ 18 ] ORDERS the parents to ensure that X attend school on a regular basis and ORDERS X to attend school; [ 19 ] ORDERS the parents to collaborate with the school, as required, and with the Director of Youth Protection; [ 20 ] ORDERS that aid, counselling and assistance be provided to the family until the end of the school year in June 2021; [ 21 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the child Mtre. Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the mother Mtre. Michel Grenier Counsel for the father Date of hearing: December 9, 2020