2017 QCCQ 702, 2017 QCCQ 702

Protection de la jeunesse — 1740 2017 QCCQ 702 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001984-167 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2003 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, deceased Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 Y.P.A., R.S.Q. 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 ] Mrs [social worker 1], delegate duly authorized by the Director of Youth Protection of the A C.Y.P.C., asks the Court to review the decision rendered by the undersigned on May 24, 2016 concerning the situation of X, 13 years old. [ 2 ] She asks that the child be entrusted to her maternal grandmother until May 25, 2017 with others measures. [ 3 ] At the hearing, the mother is absent, represented by Me Angèle Tommasel.

The child is absent with the consent of the Court, but represented by Me Joannie Jacob. Me Aubrée Coutanson assists the applicant. [ 4 ] The child admits all the allegations and the mother admits most of them. Both parties agree with the recommendations. [ 5 ] A revision report is filed and the applicant testifies. [ 6 ] It is proved that the child remained in the foster care of her paternal grandmother until September 2016.

Since, the child is entrusted to her maternal grandmother, where the child mostly grew up. [ 7 ] The child was supposed to be reintegrated with her mother at the end of September, but as the mother still displays important substance abuse and personal issues, she is unable to assume the child. [ 8 ] Since May 2016, the mother was arrested at least three times for assault and uttering threats while being intoxicated by alcohol. [ 9 ] The mother did not seek help from Social Services regarding her issues yet. [ 10 ] The child and her mother have regular contacts, but the child does not have sleep-overs at her mother’s place. [ 11 ] At the maternal grandmother’s place, there used to be people who consume alcohol and drugs and have violent temper, usually the mother and the aunt.

But now, they do not reside there anymore. Also, the grandmother often calls the police when the situation might degenerate. [ 12 ] The grandmother also consumes alcohol, but X and her cousin Brigitte are advised that they have to leave the house and go at any other family member’s place or they go upstairs or with friends. The grandmother and her partner try to decrease significantly their alcohol consumption because they want to keep X.

[ 13 ] To support X, an educator will be assigned to her. He will intervene with her and the grandmother. [ 14 ] The mother is presently in therapy in Town A. She is ready to collaborate in such way that she will be able to assume her child in the delay of six months. [ 15 ] The parties are well informed that if the maternal grandmother does not control her consumption of alcohol, the child cannot remain there, and as there is no foster family available in the community, she will have to move in another community.

The stability and safety of the child must be ensured by the Director of Youth Protection. [ 16 ] Considering the evidence and the parties’ agreement, FOR THESE MOTIVES, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of X are still in danger; [ 19 ] ENTRUSTS the child X to her maternal grandmother for a period of six months, until May 25, 2017; [ 20 ] ORDERS the Director of Youth Protection to provide the child the services of an external educator for the duration of the order; [ 21 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child, the mother and the maternal grandmother until May 25, 2017; [ 22 ] ORDERS that the mother remain sober in the presence of the child; [ 23 ] ORDERS the mother to seek help through Social Services for her alcohol and personal issues; [ 24 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Joannie Jacob Attorney for the child Date of hearing: November 10, 2016