2020 QCCQ 9464, 2020 QCCQ 9464

Protection de la jeunesse — 201854 2020 QCCQ 9464 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000448-193 DATE: February 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 [...], 2012 CHILD and A MOTHER and B FATHER ______________________________________________________________________ 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 asking the Court to review a judgment rendered on November 14, 2019, entrusting the child to his mother. [ 2 ] Both parents are present in Court and the mother is represented by Mtre. Serge Fleury and the father by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé acts on behalf of the child and Mtre.

Magdalena Lempicka on behalf of the applicant. [ 3 ] The evidence reveals that the child has remained under the care of the mother until Christmas holidays, when he came to visit his father. At the end of the access right, the child didn’t want to return to the care of the mother. [ 4 ] Each time the child visited the father, it has always been difficult to return him to the care of the mother. The child asked to live with his father, which has been discussed between the mother and her son.

The mother agrees that the child be with his father and she is confident that this will answer his needs. [ 5 ] The father lives in Town A.

The youngest sibling is living with the father half of the time and the other children visit twice a month. [ 6 ] So, things should be arranged that all the children be at the mother’s place at the same time. [ 7 ] The Director of Youth Protection will assume the transportation of all the children once a month and ask the parents to do their part and to take the necessary steps in order to have the children transported from Town A to Town B and vice-versa once a month. [ 8 ] For X, to live in Town A will keep him closer to his paternal grandmother who raised him for many years.

This one is also residing in Town A. [ 9 ] The child is enrolled in school in Town A and everything seems to be going well. [ 10 ] The application presented by the Director of Youth Protection must be granted as all the parties agree and the measures recommended are in the best interest of X. THEREFORE, THE COURT; [ 11 ] GRANTS the application;

[ 12 ] REVIEWS the decision rendered on November 14, 2019; [ 13 ] MAINTAINS that the security and development of X are still endangered; [ 14 ] ENTRUSTS the child to the care of his father until November 14, 2020; [ 15 ] ORDERS aid, counselling and assistance be provided to the child and the family until November 14, 2020; [ 16 ] ORDERS that access rights with the mother be supervised as for the modalities and TAKES NOTICE that the Director of Youth Protection will provide the transportation for the visitation rights once a month and that the parents will do the same once a month; [ 17 ] ORDERS the parents to seek services for their personal issues; [ 18 ] ORDERS that the mother continue to seek help for her healing process and to maintain her sobriety; [ 19 ] ORDERS that the mother continue to work with the CLSC; [ 20 ] ORDERS the father to continue working on relapse prevention; [ 21 ] ORDERS the parents not to be under influence of alcohol or drugs in the presence of X; [ 22 ] ORDERS the parents to ensure that the child is not exposed to any individual under influence of intoxicating substances; [ 23 ] ORDERS the parents ensure that the child is not exposed to any kind of violence; [ 24 ] ORDER the parents to collaborate actively with the follow-up provided by the Director; [ 25 ] ORDERS the Director to supervise the contacts between the grandparents and X as for the frequency, the duration and other modalities; [ 26 ] ORDERS that the child receive all medical care as required; [ 27 ] ORDERS any peace officer to collaborate with the execution of the Court orders; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in Town C on March 31, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town D Attorney for the child Mtre. Serge Fleury Serge Fleury, Avocat – Town A Attorney for the mother Mtre. Marie-Josée Ayoub Ayoub Avocats inc – Town E Attorney for the father

Date of hearing: February 11, 2020