2020 QCCQ 10923, 2020 QCCQ 10923

Protection de la jeunesse — 207848 2020 QCCQ 10923 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000568-206 DATE: December 7, 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 [...], 2016 Child and A Mother ______________________________________________________________________ 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 a previous judgment rendered by the undersigned on June 16, 2020, entrusting the child to a foster family for a period of 6 months; [ 2 ] At the hearing, the mother, present, is assisted by Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of the child on a legal mandate and Mtre.

Adélia Ferreira for the applicant. [ 3 ] The security and development of X were declared in danger because of lack of supervision and physical abuses. The mother was ordered to participate in anger issue and parental skills workshops and to seek help for her substance abuse problems. [ 4 ] At that time, there were worries about the development of the child because he presented a speech delay. [ 5 ] Six months later, the child has developed well in a foster family and there are no more worries about his development. [ 6 ] As for the mother, almost nothing was done. She didn’t see her child from March to Halloween.

Since then, she has access rights, but sometimes, the Social Worker has to insist that the mother put aside other plans and exercise her access rights. [ 7 ] From the testimony of the mother, it appears that, during the summer, she continued to do drugs, taking one or two pills of speed two or three times a week. She says that, in September, she cut down to a pill but kept the frequency. The week before the Court, she used twice. [ 8 ] She states that she is able to quit on her own, but in fact she did not.

She does not see any link between her aggressiveness and her consumption of speed. [ 9 ] Even though, if she says at first that she will go to treatment, in post-examination, she declares that it would be useless because she does not have any substance abuse issues. [ 10 ] She states the same about aggressiveness and potential of violence. She puts the responsibility of her aggressiveness on her mother and brother, adding that she gets angry because of the way they speak to her. [ 11 ] Obviously, the mother does not have a full perspective of the extent of her problems.

Any change begins by the acknowledgment of some issues. The mother has yet to recognize any problem. [ 12 ] The coming months are going to be decisive in the situation of X: Or the mother works actively and intensively to solve her problems or a life plan should be established for X in order to ensure him safety and stability.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] MAINTAINS that the security and development of X, born on [...], 2016, are still endangered; [ 15 ] EXTENDS AND REVIEWS the last judgment; [ 16 ] ORDERS the placement of the child in a foster family for a period of 9 months.

If the reintegration of the child is not possible within this timeframe, STRONGLY RECOMMENDS that a life plan be established for the child; [ 17 ] ORDERS that the mother seek help for anger issue and parental skills workshops; [ 18 ] ORDERS that the mother seek help from professionals for her personal issues and that she follow the recommendations made by the professionals; [ 19 ] ORDERS that the mother attend and complete a treatment program for her substance abuse issues and that she follow the recommendations of the professionals; [ 20 ] ORDERS the mother to report to the Director of Youth Protection once every two weeks and to inform the Social Worker of the evolution to her situation and inform him of any change of address; [ 21 ] ORDERS that the mother remain actively involved with her child’s medical appointments; [ 22 ] ORDERS that access rights between the mother and the child be supervised by the Director of Youth Protection as to the frequency and modalities and that they be established in the best interest of the child and that they take place only if the mother continues to be regular with these access rights; [ 23 ] ORDERS the mother to be and remain sober when in presence of her child and not to put him in presence of people under the influence of intoxicating substances; [ 24 ] ORDERS the mother to fully collaborate with the Director of Youth Protection and meet with the Worker upon request; [ 25 ] AUTHORIZES the Director of Youth Protection to share and obtain information with any service providers working with the mother or the child in terms of attendance, collaboration and progress; [ 26 ] ORDERS that aid, counselling and assistance be provided to the child and his mother for a period of 9 months; [ 27 ] 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 its representatives; [ 28 ] ENTRUSTS the situation of X 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 child Mtre. Michel Grenier Counsel for the mother Date of hearing: December 7, 2020