2020 QCCQ 10922, 2020 QCCQ 10922

Protection de la jeunesse — 207847 2020 QCCQ 10922 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000544-207 DATE: December 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 [...], 2007 Teenager 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 15, 2020, ordering that X be entrusted to her father for a period of 6 months along with other supporting measures for the same period of time. [ 2 ] At the hearing, both parents are present and the mother represented by Mtre. Marie-Josée Ayoub and the father by Mtre. Serge Fleury. Mtre. Yan Massé acts on behalf of the teenager and Mtre.

Adélia Ferreira of the applicant. [ 3 ] The Director of Youth Protection recommends that X be entrusted back to her mother due to the improvement made. [ 4 ] The evidence reveals that the mother was very collaborative with the Director of Youth Protection and has taken steps in order to solve her problems. She participated in an online therapy that ended last August. She has been sober since last June. She changed her lifestyle.

She is now residing in [Town A], where she occupies a job at the Center A. [ 5 ] She would like the teenager be entrusted back to her. [ 6 ] The father does not object to this recommendation, but informs the Court that he is still worried. He does not challenge the recommendation, because he wants to respect the desire of X live with her mother. However, he thinks that there still be a risk because of the mother’s boyfriend.

This one consumes alcohol and drugs, which is admitted by the mother. [ 7 ] The mother pledged before the Court that her boyfriend will not reside with her and X. [ 8 ] The mother is on the path to recovery and she must be aware that being around people who present consumption issues put her at risk of relapse. [ 9 ] The mother also clearly states that she will establish clear rules that are going to apply to the teenager such as a curfew, to attend school regularly, zero tolerance for drugs or alcohol consumption. [ 10 ] The mother has realized that, during the spring, her teenager began to display behavioural disturbances and part of it was probably because of the mother’s behaviour herself.

FOR THESE MOTIVES, THE COURT:

[ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of X, born on [...], 2007, are still endangered; [ 13 ] EXTENDS AND REVIEWS the last Court’s decision; [ 14 ] ENTRUSTS the teenager to the care of her mother; [ 15 ] ORDERS that X attend school regularly; [ 16 ] ORDERS X to abide by the rules set by her mother; [ 17 ] ORDERS that access rights with the father be determined by the parties and if they are unable to reach an agreement, that access rights provided by the Superior Court judgment be enforced; [ 18 ] ORDERS the mother to be and remain sober when in presence of X and not put her in presence of people under the influence of intoxicating substances; [ 19 ] ORDERS that the parents collaborate with the Director of Youth Protection and meet with the Worker upon request; [ 20 ] ORDERS that aid, counselling and assistance be provided to the teenager and her family for a period of six months; [ 21 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adélia Ferreira Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the teenager Mtre. Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the mother Mtre. Serge Fleury Counsel for the father Date of hearing: December 11, 2020