2017 QCCQ 17169, 2017 QCCQ 17169

Protection de la jeunesse — 177653 2017 QCCQ 17169 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000104-168 DATE: October 13, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth A, working in City A, district A Applicant and A , residing and domiciled in City A, district A Mother ______________________________________________________________________ JUDGMENT ( sections 95 and 75 of the Youth Protection Act , C.Q.L.R. c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The applicant submitted to the Court an application for review of a judgment rendered on September 1, 2016 by the Honourable Judge Jacques Ladouceur. [ 2 ] The applicant is applying for an extension of the placement in a foster family for a period of one year with possible reintegration into the mother’s home after a period of six months. [ 3 ] The mother agreed with the extension of placement and acknowledged she needed more time to gain stability regarding her sobriety and to procure an appropriate dwelling to receive her daughter. [ 4 ] The evidence shows that the mother attended treatment in Oka from April 16, 2017 to May 25, 2017.

She returned to her community on June 7, 2017. [ 5 ] Unfortunately, she relapsed on July 1, 2017, and drank alcohol. The applicant suspected that the mother drank another time between July 1, 2017 and August 17, 2017, but the Court considered as proven only the relapse that occurred on July 1, 2017. [ 6 ] Nevertheless the mother acknowledged her fragility and wished to return to treatment for her substance abuse issues. She clearly recognized that a six-week program was not sufficient to avoid relapse and maintain her sobriety.

The Court believes that one of the mother’s strengths is that she is realistic about her situation and aware of her fragility. [ 7 ] Housing is also an issue in her situation. The mother lives at her parents’ house. There is regular drinking at that place and it would not be appropriate for her to have her daughter under her care there. [ 8 ] The mother planned to ask for her own house, but considered she should first maintain her sobriety. She was also thinking about going to Elizabeth’s House in Montreal with her daughter.

This option was mentioned for the first time when the mother testified at the hearing. [Social Worker 2], a Director of Youth Protection consultant B who works regularly with young mothers involved in that program, informed the Court of the conditions to be admitted into that program. One of the conditions is to not be struggling with substance abuse issues. [ 9 ] It will be important to support the mother to find a realistic plan and avoid instability for the child. All options will have to be assessed, keeping in mind the child’s interest and need for stability. FOR THOSE REASONS, THE COURT:

[ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of X, born on [...], 2011, are still in danger; [ 12 ] ORDERS that the child be entrusted to a foster family for a period of one year, with possible reintegration with the mother after six months if the situation allows; [ 13 ] ORDERS that contact between the mother and her child be supervised by the Director of Youth Protection regarding the conditions, frequency and level of supervision; [ 14 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the child’s family for a period of one year; [ 15 ] ORDERS that the Director of Youth Protection may share information with the service providers and professionals working with the child and the mother; [ 16 ] ORDERS that the mother receive personal help for her issues and inform the Director of Youth Protection concerning the nature of services she receives; [ 17 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation, regarding, more specifically, parenting skills, therapy and all other appropriate services concerning her addiction issues; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé Counsel for the child Mtre. Camille Champeval Counsel for the applicant Mtre. Michel Grenier Counsel for the mother Date of hearing: August 17, 2017