2020 QCCQ 10920, 2020 QCCQ 10920

Protection de la jeunesse — 207845 2020 QCCQ 10920 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000060-154 DATE: December 11, 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 [...], 2014 CHILD AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the 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 to review and extend a judgment rendered by the undersigned on June 16, 2020, ordering the placement of the child in the foster home of his paternal grandparents. [ 2 ] For the hearing, the mother is not present, but is represented by Mtre. Michel Grenier. Mtre Yan Massé acts on behalf of the child while Mtre.

Adelia Ferreira represents the applicant. [ 3 ] The Director of Youth Protection seeks an extension of the placement for an additional period of six months in order to build a life plan for the child. [ 4 ] As the mother is moving to [Town A], the Director also asked that certain attributes of parental authority be withdrawn from the mother and delegated to the grandmother.

This recommendation is also not challenged by the mother. [ 5 ] From the admissions made by the mother and the content of the report filed, the Court has preponderant evidence of the following facts : [ 6 ] The mother claims to be sober for the past 2 and a half months.

She is currently pregnant and is supposed to give birth next April. [ 7 ] She enrolled in a treatment program at Le Portage on September 22, 2020, but left after two weeks. [ 8 ] The mother still plans to move back to [Province A]. [ 9 ] A life plan could not be established for the child given the fact that the grandparents are still grieving the loss of X’s father. The Director of Youth Protection wants to give them the time to make a sound decision, in the best interest of the child. [ 10 ] The situation of the child requires stability.

The next months are going to be crucial and if the mother does not resolve her alcohol-related issues by attending a treatment centre more probably than not, a life plan will be established for this child, the time limit set by

section 91.1 of the Youth Protection Act being exceeded. It is the responsibility of the Director of Youth Protection to make recommendations ensuring the child’s continuity of care, stability of relationships and stability of living conditions. [ 11 ] The recommendations made by the Director of Youth Protection for the time being are suitable and all parties are of the opinion that they should be endorsed by the Court. FOR THESE MOTIVES, THE COURT:

[ 12 ] GRANTS the application; [ 13 ] MAINTAINS that the security and development of X, born on [...], 2014 are still endangered; [ 14 ] EXTENDS the last Court decision; [ 15 ] ORDERS the placement of the child in the foster home of his paternal grandparents, B and C, for a period of 6 months; [ 16 ] ORDERS that access rights between the child and the mother be supervised by the Director of Youth Protection as for the modalities and the frequency, including the presence of third party if deemed necessary; [ 17 ] ORDERS that the mother remain sober from alcohol and drugs during these access rights and not put him in the presence of any person under the influence of intoxicating substances; [ 18 ] ORDERS the mother to fully collaborate with the Director of Youth Protection and to inform the Worker of any change of address; [ 19 ] WITHDRAWS from the mother the exercise of certain attributes of parental authority, notably the right to give consent for medical, academic, extracurricular, social and travel purposes and to authorize travels outside of Canada as well as obtaining a passport; [ 20 ] GRANTS the exercise of the said attributes of parental authority withdrawn from the mother to the foster family, Mrs.

C and ORDERS that the mother be promptly informed of any consents given by the Director of Youth Protection; [ 21 ] ORDERS that aid, counselling and assistance be provided to the child and his family for a period of 6 months; [ 22 ] ORDERS the mother to report to the Director of Youth Protection once every two weeks in order to inform the Social Worker of her current situation; [ 23 ] 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; [ 24 ] 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 Attorney for the applicant Mtre Yan Massé Centre communautaire juridique A Attorney for the child Mtre Michel Grenier Michel Grenier Avocat Attorney for the mother Date of hearing: December 11, 2020