2015 QCCQ 8525, 2015 QCCQ 8525

Protection de la jeunesse — 153324 2015 QCCQ 8525 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 650-41-002205-124 DATE: May, 26 th 2015 BY JUDGE RICHARD CÔTÉ, C.Q. In the situation of : X Born on […] 2003 [SOCIAL WORKER 1] , authorized person for the Director of youth protection, district of A Petitioner and A Mother JUDGMENT 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 was presented with an application for review of an order rendered on November 19 th 2014 concerning X and extending a previous order providing that the child be entrusted to her mother with a follow up. [ 2 ] The Director of youth protection submits a motion for revision and extension for the following reasons : 2. Since the last order, the child has been maintained in the parental environment and the parents are still sharing parental obligations; 3.

The parent’s relationship is still marked with periods of instability, their relationship remains unstable as they often separate and get back together; 4. The mother has not yet been enrolled or attended a therapy program for her alcohol and drug consumption problems, but she told us that she can more control her problems since few month; 5. Since the last order, there has been no indication of domestic violence between the parents but the often losses patience when the mother is under the influence of alcohol and asks her to leave their home; 6.

The paternal grand-parents are regularly spending time with the children because they take care of them some weekends or when the parents needs help; 7. The child is a young girl who is currently in grade 5 at A School; 8. The child’s behaviour is rapidly changing as she is a pre-adolescent and becoming more and more influenced by her friends so we intervened during many occasions in her situation in the first part of the follow up; 9.

After an assessment of the situation, it appears that the security or development of the child is in danger, more specifically because the child is in danger because there is a serious risk that a child’s parents are not providing for the child’s basic needs because of the drug and alcohol addictions and parent’s instability; [ 3 ] In light of the foregoing, the Director recommends that the protection measures be extended for a period of twelve (12) months. [ 4 ] The mother is present.

She agrees with the extension of the measures. [ 5 ] According to the evidence, since the court’s decision last November, the mother’s relationship with her boyfriend and father of

her other children is unstable. It happened several times that they separate then reconcile. [ 6 ] The mother’s personal situation remains fragile. In her written report, Mrs. [Social Worker 2] mentions : Mrs. A’s situation is still fragile. She is currently being followed by a social worker working for the A CLSC. The follow-up focuses on her drug and alcohol consumption problems. Mrs. A has not yet been enrolled or attended a therapy program for her alcohol and drug consumption problems; however, she states that her situation is improving. Since January 2015, Mrs.

A has only consumed alcohol during special occasions. She prefers to be present at home for her children and their father. Mrs. A reports less than five events during which she consumed alcohol since November 2014. Indeed, we have noticed that Mrs. A’s situation is improving, but we believe that she still needs help and support in order to work on her current difficulties. [ 7 ] However, Mrs. A and her boyfriend Mr. B offer a good collaboration, and their situation is improving. [ 8 ] The child’s situation remains worrying but there was some improvement since the last court order.

In her written report, Mrs. [Social Worker 2] mentions : X is a young girl who is currently in grade 5 at A School. Her behaviour is rapidly changing as she is a pre-adolescent and becoming more and more influenced by her friends. In the beginning of the school year we intervened during many occasions in her situation. However, the situation has improved since the month of November 2014; no problems were reported by the mother of the school. X resides mainly with her mother but occasionally stays with her maternal-grand-mother, C.

C is implicated in the child’s situation and remains available to support the mother when needed. [ 9 ] The evidence convinces the Court that the security and the development of the child remain in danger and that an extension of the measures is necessary.

THEREFORE, THE COURT : [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the child X is in danger; [ 12 ] ORDERS that the child remain entrusted to the care of her mother until the 26 th of May 2016; [ 13 ] ORDERS that the mother collaborates with the Director of youth protection and informs the youth workers of the steps she has taken to address her personal situation and of any change of address or telephone number; [ 14 ] RECOMMENDS that the mother and her boyfriend Mr.

B submit themselves to an assessment for drug or alcohol problems and submit to a therapy if deemed necessary by the person who made the assessment; [ 15 ] RECOMMENDS that the mother and Mr. B both remain sober when they are in the presence of their child; [ 16 ] ORDERS that a person working in an institution provides aid, counselling or assistance to the child and the child’s family; July, 6 th 2015 __________________________________ RICHARD CÔTÉ, J.C.Q.

Me Lyne Monger Lawyer of Director of youth protection Me Mathieu Tshernish-Jourdain Lawyer of the youth Me Mathieu Racine Lawyer of the mother Date of hearing: May 26 th 2015