2017 QCCQ 19952, 2017 QCCQ 19952
Opinion
Protection de la jeunesse — 1710344 2017 QCCQ 19952 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000245-177 DATE: October 26, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2017 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], Y outh Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 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 a motion asking the Court to declare that the security and development of X, born last July, are endangered pursuant to paragraph b) 2° of
section 38 of the Youth Protection Act . [ 2 ] For the hearing, the mother, present, is represented by Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of the child and Mtre. Camille Champeval on behalf of the applicant. [ 3 ] All of the allegations contained in the petition are admitted by the mother. [ 4 ] X was born during the mother’s stay at Le Portage. Mrs. A was admitted to the program at Le Portage on February 14, 2017.
She decided to quit on July 13, before the end of the therapy. [ 5 ] Since her return in the community, X was entrusted to his mother who lived at her own mother’s place for a certain time, but after an argument, she moved to a friend’s place. The mother has no place of her own in City A. Recently, she has found an apartment in City B. [ 6 ] The mother has remained sober and is being followed by the Awash Social Worker.
She also attends AA meetings that are held in Mistissini. [ 7 ] To this day, the mother offers a good collaboration and admits that she had a difficult time with her substance abuse in the past which interfered with her parental skills. [ 8 ] At the hearing, the mother agrees with all the recommendations except for unannounced visits. [ 9 ] Considering the young age of the child, his high level of vulnerability and the past issues of the mother with substance abuse, the Court is of the opinion that it is necessary to have these unannounced visits to ensure the safety of the child. [ 10 ] From the admissions made by the mother and the reports filed as evidence, the Court is convinced that the security and development of X are endangered and that the measures recommended by the Director of Youth Protection are in his best interest. [ 11 ] FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the motion;
[ 13 ] DECLARES that the security and development of X, born on [...], 2017 are endangered pursuant to paragraph b) 2° of
section 38 of the Youth Protection Act ; [ 14 ] ENTRUSTS the child to the mother as long as she remains sober and collaborates with the social follow-up; [ 15 ] ORDERS the mother to take all necessary steps in order to receive help to remain sober (NNADAP Worker, follow-up with the Awash Worker or AA meetings); [ 16 ] RECOMMENDS that the Director of Youth Protection assist the mother financially to travel to Mistissini in order to meet with the NNADAP Worker, the Awash Worker or to attend AA meetings; [ 17 ] ORDERS the mother not to put the child in the presence of people under the influence of intoxicating substances; [ 18 ] ORDERS the mother to be and remain sober in presence of the child; [ 19 ] AUTHORIZES any service providers working with the family to share information with the Director of Youth Protection about the child and the evolution of the situation of the mother; [ 20 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 12 months; [ 21 ] AUTHORIZES unannounced visits at the mother’s place; [ 22 ] ENTRUSTS the situat8ion of X to the Director of Youth Protection A for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.
M e Camille Champeval DPJ A Avocate de la demanderesse M e Yan Massé Centre communautaire juridique A Avocat de l’enfant M e Michel Grenier Avocat de la mère Date of hearing: September 5, 2017
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