2020 QCCQ 10184, 2020 QCCQ 10184
Opinion
Protection de la jeunesse — 207281 2020 QCCQ 10184 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000480-196 DATE: June 19, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...]. APPLICANT and X, born on [...], 2014 CHILD and A MOTHER ______________________________________________________________________ JUDGMENT (
section 95 , 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 extend judgment rendered by the Honourable Denyse Leduc on October 10, 2019, entrusting the child to the paternal grandparents until the end of June 2020. [ 2 ] The mother is present and assisted by Mtre Michel Grenier.
Mtre Yan Massé acts on behalf of the child and Me Adelia Ferreira for the applicant. [ 3 ] From the testimonies of the mother, the Social worker and the report filed, the evidence reveals the following: - The paternal grandparents have been accredited as a foster family and continue to take care of X; - During the months of October and November, the mother had regular visits with her daughter. However, from December until mid- January, the mother did not respect the
schedule of visits and did not see X; - The mother never attended a treatment program despite the fact that the applicant has offered all services to the mother, but she has not taken this opportunity. [ 4 ] To this day, the mother’s personal issues were not treated. Which is the more worrisome is the fact that she does not acknowledge her issues anymore regarding past trauma, grieving, alcohol. [ 5 ] She says that she is sober and disclosed that she is currently pregnant.
It is a good thing that the mother does not drink when pregnant, but it does not solve the reasons for which she relied on alcohol in the past. [ 6 ] She still needs help to solve, once and for all, this issue with alcohol. She says that she is ready to go to treatment for her alcohol issues. The mother will now have to walk the talk. [ 7 ] It is becoming urgent that the mother take all the necessary steps in order to solve her problem. Her daughter is waiting and she is creating strong bonds with the grandparents. [ 8 ] In the last judgment, the judge wrote that the mother accepted to meet with a psychologist.
In fact, she never put actions on her words and never met with a psychologist. The Court encourages her to seek help from a therapist or a psychologist.
FOR THESE MOTIVES, THE COURT; [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and the development of X, born on [...], 2014, are still endangered; [ 11 ] EXTENDS the decision or order rendered on October 10, 2019; [ 12 ] ORDERS the placement of X in a foster family for a period of one (1) year with a possible reintegration of the child with her mother, if the situation allows it; [ 13 ] TAKES NOTICE that the foster family chosen by the Director of Youth Protection is the one of the paternal grandparents, B and C; [ 14 ] ORDERS that access rights between X and her mother be determined by the Director of Youth Protection as for the frequency and the modalities; [ 15 ] ORDERS the mother to attend treatment for her substance abuse issues; [ 16 ] ORDERS that the mother receive help for her personal issues (alcohol, past trauma and grieving); [ 17 ] ORDERS that the mother to report herself to the worker at least once every two weeks and to inform her of the steps taking in order to solve the whole situation; [ 18 ] ORDERS the mother to be and remain sober when in presence of the child; [ 19 ] ORDERS the mother not to put the child in presence of people under the influence of intoxicating substances; [ 20 ] AUTHORIZES any service providers to share information with the Director of Youth Protection in relation to their clients (collaboration, attendance and progress); [ 21 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one (1) year; [ 22 ] ORDERS any peace officer to collaborate with the execution of the court orders, if requested to do so by the Director of Youth Protection or one of his representatives; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection A for the execution of the court orders. ________________________________ LUCILLE CHABOT, J.C.Q.
Mtre. Adélia Ferreira Ferreira, Lempicka, Attorneys Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town A Counsel for the child Mtre. Michel Grenier Counsel for the mother Date of hearing: June 19, 2020
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