2021 QCCQ 12977, 2021 QCCQ 12977

Protection de la jeunesse — 217203 2021 QCCQ 12977 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 640-41-001576-138 DATE: October 1, 2021 ______________________________________________________________________ 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, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 presents an application asking the Court to review a judgment rendered on June 16, 2015, ordering the placement of the child until he reaches the age of majority. [ 2 ] At the hearing, the mother is present and represented by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé acts on behalf of X and Mtre. Adelia Ferreira, on behalf of the applicant. The father was served but is neither present nor has mandated an attorney.

When the applicant discussed the file with him, he said that he was in agreement with the return of the child with the mother. [ 3 ] The Court will proceed in his absence. [ 4 ] The mother admits all of the allegations of the applications which are: • The child remained in the same foster home and is doing well; • The mother kept regular contact with the child and had regular visits with him, which include sleepovers; • The mother has made significant changes in her life; • The relationship between the parents ended in 2017.

The father has a new family and is not very involved in the situation of X; • With time, the visits between the mother and the child increased.

Except for a few months in the beginning of the pandemic in March 2020, the child spent a significant amount of time with the mother; • The mother has been working full time since 2017 and she has contributed to the needs of the child; • In addition, the mother has her own home; • The foster mother favoured contacts and visits between the child and the mother; • For a few months, there has been rumors of drinking in the foster home; • The child himself has reported that there was drinking ant that it scares him;

• It seems that the adult children of the foster mother are, at times, drinking to the point of intoxication in the foster home; • The child has expressed many times wanting to live with the mother; • The mother is in a position to resume the care of the child; • The father has reported being sober for a period of one year; • The father supports the return of the child to the mother’s care. [ 5 ] The Court wants to underline the good collaboration between the foster mother and the biological mother. They always respected each other so that X was never put in a situation of conflict of loyalty.

The foster mother is pleased and happy with the fact that the child can go back with his mother. [ 6 ] The other fact to be stressed out is the dedication of the Social Worker. When she was given this file, she was told that the only thing that she had to do was to organize contacts between the mother and her son. When she saw the situation of the mother, she became very proactive in the file and made it possible for the mother to resume the care of X because she is able to answer all of his needs adequately.

This was very professional from the applicant and the Court can say that she fulfilled remarkably the responsibilities she is given under the Youth Protection Act . [ 7 ] Mtre. Massé, on behalf of X, makes general admissions about the facts and states that X is very happy to be back with his mother.

FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the application; [ 9 ] REVIEWS the previous judgment rendered on June 16, 2015; [ 10 ] DECLARES that the security and development of X are still endangered; [ 11 ] ORDERS that the child be entrusted to the care of his mother; [ 12 ] ORDERS that X attend school on a full time basis; [ 13 ] ORDERS that access rights between X and his father and between X and his former foster family be supervised by the Director of Youth Protection as for frequency and modalities; [ 14 ] ORDERS that access rights between X and his siblings be encouraged; [ 15 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one year; [ 16 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the child Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Lawyer Lawyer for the mother Date of hearing: October 1, 2021