2011 QCCQ 6043, 2011 QCCQ 6043

Protection de la jeunesse — 11283 2011 QCCQ 6043 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Chamber » DATE : January 6, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 635-41-000314-093 X 2005-[...] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection C.Y.P.C.

A, Quebec, district 1 Applicant And A, residing and domiciled in town A, Quebec , district A Mother And B, residing and domiciled in town B, Quebec, district A Father ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (par. 1) Y.P.A. , chap. P-34.1 R.S.Q. ) [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection C.Y.P.C. A, asks the Court to review the decision rendered on April 13, 2010 by Honourable Daniel Bédard concerning X, born on August 9, 2005. [ 2 ] At the hearing, the mother is present, represented by Me Marie-Claude De Gagné.

Me Denis Trottier represents the child and Me Wolfgang Mercier-Giguère, the petitioner. [ 3 ] Admissions are made by the parties and the evidence is completed with the revision report. The parties agree with the measures. [ 4 ] It is proved that the child was reintegrated with his mother who remained sober the whole month of April. She was working full time and collaborating with the social worker.

But, on May 2010, the mother began to consume alcohol, lost her employment and did not provide proper care to the child while intoxicated. [ 5 ] The police had to intervene with her on several occasions while intoxicated. When notified that she needed to correct her situation if she wanted the child to remain with her, she stopped collaborating with the social worker. She requested on few occasions that a worker takes care of her son. [ 6 ] The mother now acknowledges that her son needs constant supervision and care from her.

Because of the mother's situation, living in a family where grandparents drink and fight a lot, she needs to be always attentive and protective to her son. Following the

petition, the mother started to collaborate again with the social worker. Even, if the situation remains delicate, the mother agrees to collaborate actively with the social worker. [ 7 ] Consequently, the Court extends the previous measures for another period of six months. [ 8 ] FOR THESE MOTIVES, THE COURT : [ 9 ] GRANTS the petition; [ 10 ] DECLARES that the security and development of X are still endangered; [ 11 ] MAINTAINS the child with the mother under these specific conditions for the next six months : 11.1. Prohibition to consume alcohol or drugs unless under a medical prescription; 11.2.

That she presents herself at social services twice a month as scheduled; 11.3. That the child be not left alone with his grandparents; 11.4. That she meets with the psychologist twice a month as scheduled; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his parents for a period of six months; [ 13 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 14 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Wolfgang Mercier-Giguère, attorney for the applicant Me Marie-Claude De Gagné, attorney for the mother Me Denis Trottier, attorney for the child Date of hearing : October 19, 2010