2019 QCCQ 11246, 2019 QCCQ 11246

Protection de la jeunesse — 192037 2019 QCCQ 11246 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-001875-142 DATE: February 26, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2005 Youth and A Mother and B, deceased Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to extend a decision under s. 95 of the Youth Protection Act , [1] rendered on February 21, 2018, by the Honourable Jean Gravel, J.C.Q.

At that time, he extended the decision of May 25, 2017, and entrusted X to a foster family until February 28, 2019. [ 2 ] At the hearing, the mother and the youth were present; each of them was assisted by counsel. Facts: [ 3 ] The youth has remained in the same foster family since the last Court hearing and is doing well. [ 4 ] The youth has regular contacts with the mother, whose situation has improved. She was able to reduce her alcohol consumption.

For the past several months, she has been getting help from Social Services for her alcohol consumption and personal issues. [ 5 ] On January 31, 2019, the youth said that she would like to return to live with the mother. [ 6 ] The mother is working at the daycare. She has her own home and a room for X. Position of the parties: [ 7 ] The mother is ready to have her daughter back with her. [ 8 ] The youth still wants to go back and live with her mother. [ 9 ] Youth Protection would like to wait a few months before the youth reintegrates her family. Question:

[ 10 ] Is the mother ready to take care of her daughter? Analysis: [ 11 ] X is now being fostered by her aunt in Town A. She is doing well in life and at school. She goes regularly to her mother’s home to have lunch or supper with her. The youth wishes to go back and live with her mother. [ 12 ] The Court has evidence that the mother’s situation allows the reintegration. The mother is working at the daycare and has her own home and a room for X. She was sober for every meeting with the Director of Youth Protection. She is now able to control her alcohol consumption.

There has not been any incident report by the police in the last year. FOR THESE REASONS, THE COURT: [ 13 ] GRANTS IN PART this application; [ 14 ] EXTENDS the decision or order rendered on February 21, 2018; [ 15 ] DECLARES that the security and development of X, born on [...], 2005, are still in danger; [ 16 ] ORDERS that the youth be entrusted to Ms. C with a progressive reintegration with the mother; [ 17 ] ORDERS the mother to take an active

part in the application of the measures ordered by the Court; [ 18 ] ORDERS the mother to report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 19 ] RECOMMENDS that the mother seek help through Social Services for her alcohol and personal issues; [ 20 ] AUTHORIZES the Director of Youth Protection to carry out unannounced visits at the mother’s home once she has the care of her daughter; [ 21 ] ORDERS the mother to remain sober in the presence of the child; [ 22 ] ORDERS that contact between the youth and the mother be determined by the Director of Youth Protection with respect to the terms and frequency; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family for the next year (12 months); [ 24 ] ORDERS the police to cooperate in the execution of this order; [ 25 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A who shall then see that the measures are carried out.

THE WHOLE UNTIL AUGUST 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Date of hearing: February 26, 2019