2018 QCCQ 19047, 2018 QCCQ 19047
Opinion
Protection de la jeunesse — 1810192 2018 QCCQ 19047 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000293-185 DATE: November 28, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2009 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and A, [...] Mother ______________________________________________________________________ JUDGMENT (sections 75, 91 and 95 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 (the Director) asks the Court to review the situation of X, nine years old. In the last judgment rendered on April 18, 2018, the child was entrusted for six months in a foster family.
Reintegration with the mother was allowed as soon as she completed a treatment for her grieving and her drinking issues. [ 2 ] Now the Director asks that the child remains placed in foster home for another period of six months with treatment and social follow-up. [ 3 ] The parties admit most of the allegations and agree with the recommendations. A social report is filed. [ 4 ] The evidence reveals that the mother attended treatment for her alcohol abuse last September 17, for a six weeks program. She came back in the community last October 27.
She maintained her sobriety since her return. [ 5 ] She is no longer in a relationship with her abusive boyfriend. [ 6 ] The mother is collaborative and shows that she cares for her son. She remained sober during her son’s visits and protected him. [ 7 ] The mother needs more time to work on herself. She must beneficiate of an external follow-up to insure her sobriety. As the child will be entrusted to his aunt, Mrs.
B, who lives in the same community, the mother will be more present in her son’s life and that will facilitate the reintegration. [ 8 ] Considering the evidence and the parties agreement with the recommendations; FOR THOSE MOTIVES, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X, born on [...], 2009, are still in danger; [ 11 ] ORDERS that the child be entrusted to Mrs. B and if she qualified as a foster home, ORDERS that the child be entrusted to this foster home; [ 12 ] ORDERS that the child be integrated to the mother after she maintains three months of sobriety;
[ 13 ] ORDERS the Director to supervise the contacts between the child and his mother as for the modalities, duration and frequency; [ 14 ] ORDERS the mother to beneficiate of follow-up services with social services or NADAP worker concerning alcohol abuse; [ 15 ] ORDERS the Director to provide aid, counsel and assistance to the child and the mother for 12 months; [ 16 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q. Me Yan Massé Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Date of hearing: November 13, 2018
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