2016 QCCQ 9901, 2016 QCCQ 9901

Protection de la jeunesse — 164228 2016 QCCQ 9901 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000543-139 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2009 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection of the A C.Y.P.C., working in City A, District A Applicant and A, residing and domiciled in City A, District A Mother and B, residing and domiciled in City A, District A Interested party ______________________________________________________________________ JUDGMENT (

section 95 of the Youth Protection Act , 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 ] The Court is seized with a motion in revision of the judgment rendered by Judge Jean Gravel, J.C.Q., on November 11 th , 2015, concerning the situation of X, born on […], 2009.

The applicant asks for the prolongation of the child’s placement in foster family for six months, followed by reintegration with his biological mother if the situation allows it. [ 2 ] At the hearing, the mother, the grandmother (previously declared third party) and the child are present. Me Angela Tommasel assists the grandmother, Me Nicolas Welt the child and Me Geneviève Apollon the applicant. [ 3 ] Mrs A, the grandmother, traditionally adopted her grandson X. She has an alcohol consumption problem and tried to control it for many years.

Her daughter and biological mother of X often help her while she is under the influence of alcoholic beverages. [ 4 ] On January 30 th , 2014, the child was entrusted to his biological mother, followed by two placements of six months in foster family with reintegration with his biological mother. Now, the applicant asks that the child remains entrusted in a foster family for six months but the evidence reveals that even if the child was placed in a foster family, he often stays with his mother, Mrs A. [ 5 ] The foster parents did not exercise any control on him, nor does the mother.

The child is not attending school since March 2016 and the adoptive mother does not intervene. She is not either collaborating with the social worker. She still displays personal issues. The biological mother lives in City B and does not own stable place. [ 6 ] Mrs A wants to look after her son X and said that she quit drinking last September. She also collaborated with the previous social worker, but does not with this one.

Now she agrees to seek help with the social services and to collaborate. [ 7 ] Considering the young age of the child, it appears important that the Director of Youth Protection exercises the control and the supervision of the judgment. If he does not get the collaboration of the parents and the foster family, he has to seize the Court for a revision because the child’s situation is entrusted to him. CONSIDERING THE WHOLE EVIDENCE, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X, born on […], 2009, are still endangered;

[ 10 ] REMAINS the child with his mother, Mrs A, at the following conditions: − That the mother always remains sober in presence of the child: − That the child attends school regularly; − That the mother collaborates with the Director of Youth Protection (meeting the social worker once a month and follows her recommendations concerning the development of parental capacities); − That she informs previously the social worker of the babysitter’s name; [ 11 ] ORDERS the Director of Youth Protection to provide the child and the biological mother the services of an educator for six months; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his mother for 15 months; [ 13 ] ORDERS the Director of Youth Protection to supervise the contact between the child and his biological mother; [ 14 ] ENTRUSTS the situation of the youth to the Director of Youth Protection of the A C.Y.P.C. for the purpose of executing the measures ordered by the Court. __________________________________ Denyse Leduc, J.C.Q.

Me Nicolas Welt Attorney for the children Me Genevieve Apollon For the applicant Mrs A Personally Me Angela Tommasel For interested party Date of hearing: May 27, 2016