2020 QCCQ 10688, 2020 QCCQ 10688

Protection de la jeunesse — 206968 2020 QCCQ 10688 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » No: 614-41-000060-154 DATE: June 16, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the […] Health and Social Services […], working in Town A APPLICANT and X, born on […], 2014 CHILD and A MOTHER and B (Deceased) 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 asking the Court to extend, once again, the placement of the child that was ordered the last time in 2018, by Judge Lucille Beauchemin, for a period of two years. [ 2 ] At the hearing, the mother is present and assisted by Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of the child on a legal mandate and Mtre.

Magdalena Lempicka on behalf of the applicant. [ 3 ] This file was opened in 2015 and the problems that the mother faced then are still present. [ 4 ] Last February, the father of the child deceased.

The father was living with the paternal grandparents who are also the caregivers for X. [ 5 ] Unfortunately, all the services were not rendered to the family because the Social Worker was on a leave and it took some time before another worker was assigned to the file. [ 6 ] Therefore, no life plan has been established for the child. [ 7 ] The child is still currently living with his grandparents who are willing to continue to care for him until a life plan is put in place.

The grandparents are getting older and will not be able to take care of the child on a long-term basis. [ 8 ] Before the COVID-19 situation, the mother exercised her access rights on a regular basis. She is still interested to be part of X’s life, but still has a long way to go before even thinking of regaining custody of the child. [ 9 ] She still has to change her lifestyle a change in life as she continues to face problems with intoxicating substances abuse. She says, in her testimony that she would like to have the child during the weekend because he could prevent her from consuming.

So, the child is viewed as a tool for her to remain sober. It should not be. [ 10 ] The next six months are crucial in the situation of X. A foster family must be chosen with great care because of the special needs of the child. During this period of time, if the mother is able to improve her situation significantly, she could be part of this life plan. [ 11 ] The Court has preponderant evidence that an extension of the placement is necessary. FOR THESE REASONS, THE COURT; [ 12 ] GRANTS the application;

[ 13 ] DECLARES that the security and development of X, born on […], 2014, are still endangered; [ 14 ] ENTRUSTS the child to his maternal grandmother, Mrs. C, for a period of six (6) months; [ 15 ] ORDERS that the Director of Youth Protection establish a life plan for the child as soon as possible and, if the life plan is ready before this period of 6 months expires, that they bring this matter back before the Court sooner; [ 16 ] ORDERS that the access rights between the mother and the child be supervised by the Director of Youth Protection as for the frequency and modalities; [ 17 ] RECOMMENDS that Ms.

A seek help for her substance abuse issues and that she follow all recommendations made by the professionals; [ 18 ] ORDERS that X receive all medical and psychological and speech services required by his situation; [ 19 ] AUTHORIZES any service providers to share with the Director of Youth Protection information about X and his mother; [ 20 ] ORDERS that the mother fully collaborate with the Director of Youth Protection, inform him of any change of coordinates and meet the worker upon request; [ 21 ] ORDERS that aid, counselling and assistance be provided to the family for a period of six (6) months; [ 22 ] ORDERS any peace officer to collaborate with the execution of the court orders if requested to do so by the Director of Youth Protection or one of his representatives; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection of […] Health and Social Services A for the execution of the court orders. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the child Mtre. Michel Grenier Counsel for the mother Date of hearing: June 16, 2020