2017 QCCQ 13437, 2017 QCCQ 13437

Protection de la jeunesse — 175915 2017 QCCQ 13437 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001923-157 DATE: September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ 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 A submits the Court a motion in revision of the judgment rendered on August 22, 2016 concerning the situation of X, 6 years old. [ 2 ] The applicant asks that the child remain placed in the foster family of the maternal grandparents until September 30, 2018. [ 3 ] At the hearing, the mother is represented by Me Angèle Tommasel, the absent father by Me Marianne Léonard and the child by Me Cassandra Neptune.

Me Aubrée Coutanson represents the applicant. [ 4 ] The evidence is constituted of admissions by the parties, the testimony of the mother and the revision report. [ 5 ] It is proved that the mother still displays alcohol related problems. She visits X often at the grandparents’ home. On March 29, 2017, the mother had an ATV accident with her daughter as she was highly intoxicated. She intervened so often intoxicated in her daughter’s foster family that the foster family gave up last April 2017.

Previously, the grandparents took the same decision towards another child, Y, last summer 2016. [ 6 ] X’s father is not involved in his life. The grandparents who keep the child X are very attached to him. They are involved in his life since many years. The child often goes out on the land with his grandfather for fishing and hunting. The child attends school regularly and the grandmother supervises him well. [ 7 ] In respect with the grandparents’ belief and their culture, the social worker recommends to review X’s situation next year, even if delays under

section 91.1 Y. P.A. are reached. [ 8 ] Considering that the grandparents assume their responsibilities towards their grandson, that they protect him and offer him a stable and secure home and favor contacts with his mother when she is sober and appropriate, the Court agrees with the recommendations. FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in a foster family for a period of one year, until September 30, 2018;

[ 12 ] TAKES judicial notice that the foster parents are the maternal grandparents, Mrs C and Mr D; [ 13 ] ORDERS the parents to remain sober in presence of the child; [ 14 ] ORDERS the mother to seek help trough social services concerning her personal and alcohol issues; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child, his mother and the father if he asks for visits, until September 30, 2018; [ 16 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and his parents as for the modalities, the frequency and the degree of supervision; [ 17 ] ORDERS the police officer to collaborate in the execution of the present order; [ 18 ] 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 Angèle Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father Me Cassandra Neptune Attorney for the child Date of hearing: September 7, 2017