2016 QCCQ 15427, 2016 QCCQ 15427

Protection de la jeunesse — 167528 2016 QCCQ 15427 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001971-164 DATE: November 21, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2015 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A City, Quebec, District A Applicant and MRS A, residing and domiciled in A City, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A., 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 Director of Youth Protection of the A C.Y.P.C. seized the Court with a motion for revision of the decision rendered on April 12, 2016 by the Honourable Jean Gravel, J.C.Q., concerning the situation of X, born on [...], 2015. [ 2 ] He asks for the prolongation of the placement in a foster family with reintegration with the mother in [Organism A] Mother and Child Program if the situation allows it. [ 3 ] At the hearing, the child and his mother are represented by Me Cassandra Neptune and Me Angela Tommasel.

Me Aubrée Coutanson assists the applicant. [ 4 ] The mother admits all the allegations and agrees with the measures. [ 5 ] A revision report is filed and the applicant, Mrs [Social Worker 1], testifies. [ 6 ] Since the last judgment, the child was first placed in a foster family in B City, but because of the family’s moving in C City, the child was transferred with his maternal grandmother in D City. [ 7 ] Until April 2016, the mother’s situation deteriorated. On April 17, 2016, she was arrested for assault with a weapon and detained.

On June 13, 2016, she was released with the condition to attend [organism A] therapy. [ 8 ] Since, she collaborates well and the educators observed important improvement. She seems well engaged in a changing process. She contacts the social worker regularly and asks about her son’s situation. She asks to integrate the program for mother and child at [the organism A] and would continue her therapy for seven or eight months. [ 9 ] The mother is not yet accepted in the program and this is the reason for the prolongation asked in foster family.

The acceptance in the program will be known in a few weeks. [ 10 ] Consequently, the Court grants the request for the prolongation of the placement for three months which will include the reintegration with the mother. This reintegration is conditional with the mother’s engagement that she will stay at [the organism A] until the end of her therapy. As the mother is young and only has this child, as she is supported by her own mother and she is very motivated and collaborative, it is in the child’s interest to allow such reintegration.

At [the organism A], the child will evolve in a secure environment and will develop bounds with his mother. It will motivate the mother to complete her addiction therapy and develop her parental skills. CONSEQUENTLY, THE COURT:

[ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X are still in danger; [ 13 ] ORDERS the placement of X in the foster family of his maternal grandmother for a period of three months with a progressive reintegration with his mother in [organism A] Mother and Child Program if the situation allows it and with the condition that she remains at [the organism A] until the end of the program; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his mother for one year, until October 31, 2017; [ 15 ] ORDERS the mother to complete the therapy for addiction to drugs and alcohol at [the organism A]; [ 16 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the child Date of hearing: October 12, 2016