2022 QCCQ 11295, 2022 QCCQ 11295

Protection de la jeunesse — 223212 2022 QCCQ 11295 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000660-201 DATE: June 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, 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 […], 2010; Child and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the decision rendered on October 21, 2021, by Honourable Lucille Chabot, J.C.Q. [ 2 ] The Director recommends that X remains entrusted to his mother’s care as long as she remains sober, seeks for specialised services and collaborates with the Director for another period of height months. [ 3 ] At the hearing, the mother is present assisted by Me Justine Bergeron.

Me Yan Massé represents the child, and Me Adelia Ferreira, the applicant. The father is absent even if well aware of the date and hour of the hearing. [ 4 ] The mother is in agreement with the measures recommended. She admits many allegations and acknowledges that the security and development of her son are still in danger [ 5 ] Me Massé, for the child, admits all the allegations and agrees with the measures. [ 6 ] A revision report is filed. The evidence reveals that the mother’s situation improved since the last judgment, but still requires specific services. [ 7 ] The child attended school regularly.

He did not have any contact with his father. He has met with a counsellor in a few occasions. [ 8 ] The mother has relapsed a few times since October 2021 and sometimes she drank to the point of intoxication. The last time on April 23, 2022, the child witnessed his mother’s intoxication. He is aware of her relapses, and it crates fears and anxiety. [ 9 ] The mother agrees to continue to maintain her sobriety and to engage in counselling and therapy. [ 10 ] She offers an honest and good collaboration with the community worker.

She wants to attend therapy in Town A next August, and had already completed an application. She has a regular job and tries to stabilise her life. [ 11 ] The father is not involve in X’s life. The communication between the parents is conflictual. [ 12 ] The child does not feel confident with his father. Mr. B believes that the mother is manipulative. Consequently, he decided he would not intervene anymore. The parents should learn how to have a positive communication for the benefit of their son. THEREFORE THE COURT:

[ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security and development of the child are still in danger; [ 15 ] REMAINS the child with the mother; [ 16 ] ORDERS the mother to be sober in presence of the child and not let any intoxicated persons in presence of the child; [ 17 ] ORDERS that the mother attend therapies, workshops and programs at center A. [ 18 ] ORDERS the Director to supervise contacts between the child and his father as to their frequency, duration and presence of a third party. [ 19 ] AUTHORIZES the Director to make unannounced visits at the mother’s house. [ 20 ] ORDERS the Director to provide aid, counselling and assistance to the child, his mother for a period of height months, and to the father if he asks for such service; [ 21 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out.

Signed on June 21, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Adelia Ferreira Adelia Ferreira avocate Counsel for the applicant Yan Massé Centre communautaire juridique A Counsel for the child Justine Bergeron Yves Ménard Avocats inc Counsel for the mother B Father, not represented Date of hearing: June 16, 2022