2017 QCCQ 701, 2017 QCCQ 701

Protection de la jeunesse — 1739 2017 QCCQ 701 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001730-149 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2013 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town B, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 and 75 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 Court is seized with a motion in revision of the decision rendered by Honourable Denise Descôteaux on August 3, 2016 concerning the situation of X, born on […], 2013. [ 2 ] In her judgment, Judge Descôteaux entrusted the child to her mother on the specific condition that she remain and complete the mother-child therapy at Centre A, and if the mother ever ends the therapy before, the situation of the child should be revised. [ 3 ] Now, even if the mother left the program, the applicant, Mrs Gloria Jolly, recommends that the child remain with the mother if she receives services for a year. [ 4 ] At the hearing, the mother is present, assisted by Me Yan Massé.

The absent father is represented by Me Myriam Gaudreault and Me Michel Grenier represents the child. Me Camille Champeval assists the applicant. [ 5 ] The parties admit many allegations and agree with the measures recommended. A revision report and a report from A are filed.

The social worker, Mrs [social worker 1], testifies. [ 6 ] It is proved that the mother completed successfully the levels 1, 2 and 3 of the program at Centre A and was involved in level 4 when she decided on November 9, 2016 to leave the program. [ 7 ] The mother was granted responsibilities by the Centre A’s staff and it became overwhelming for her. She ended the program, feeling confident that she has all the tools she needs. [ 8 ] The mother has secured on her own place to stay in a women’s shelter in Town B with the child and his half-sibling.

She has regular contacts with her social worker, Mrs [social worker 1]. She receives services and counseling at the women’s shelter. She demonstrates to be responsible, self-aware of her substance use issues and of her triggers to consume. [ 9 ] The father is not involved with the child. He has another family in Town A. [ 10 ] Considering the evidence, the child’s best interest, the mother’s improvement and her collaboration with different services, THE COURT: [ 11 ] GRANTS the motion;

[ 12 ] DECLARES that the security and development of X are in still endangered; [ 13 ] REMAINS the child X with his mother; [ 14 ] ORDERS the mother to remain sober in presence of the child; [ 15 ] ORDERS the mother to attend external addiction treatment; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his mother for a period of one year; [ 17 ] ORDERS the mother to collaborate actively with the social worker; [ 18 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and the father; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Yan Massé Attorney for the mother Me Myriam Gaudreault Attorney for the father Me Michel Grenier Attorney for the child Date of hearing: December 7, 2016