2017 QCCQ 20115, 2017 QCCQ 20115

Protection de la jeunesse — 1710325 2017 QCCQ 20115 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000070-161 DATE: September 22, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2007 CHILD ______________________________________________________________________ [INTERVENANTE 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the 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 a motion asking the Court to review and extend a judgment rendered by honourable Judge Lucille Beauchemin, on November 10, 2016, who ordered the placement of the child in a foster home until June 30, 2017. [ 2 ] For the hearing, X is present and represented by Mtre. Constantin Kiryakidis. The mother, also present, is represented by Mtre. Michel Grenier and Mtre.

Camille Champeval acts on behalf of the applicant. [ 3 ] Since the last court order, the child has remained in the same foster family, namely the one of Mrs. B and C, who lives in City A. X is developing a stable and affectionate relationship with the foster parents. Until the day of the hearing, the child requested to remain in the permanent care of the foster parents.

The day of the hearing, the child changed his mind and asked for a shorter placement. [ 4 ] During the last court order, the mother offered a good collaboration with the Youth Protection Worker and she met with a therapist on a few occasions to address her personal issues. To this day, the mother did not engage in any substance abuse treatment program or follow-up. [ 5 ] The mother testified that the last time she drank was in March 2017. It seems that she has remained sober since then and that she is encouraged by her children, who say that they are proud of her. [ 6 ] She has plans for the future.

She would like to go back to college in City B to obtain an office administration certificate. [ 7 ] She is willing to seek help in City B to address her personal issues and authorises any professional the exchange of information for the benefit of the Director of Youth Protection. [ 8 ] She agrees with the position taken by X for a temporary placement of one year in the current foster family. [ 9 ] Given the change of position of X and his mother, the Director of Youth Protection decided to modify its recommendation to this effect. [ 10 ] X is doing well in his foster family except for the fact that he sometimes has a difficult relationship with one of the grandsons of the couple, Winston.

Winston is often as his grandparents’ place and is very close to his grandfather. It is likely that he reacts to the fact that the attention of his grandfather is no longer exclusive. This situation disturbs X who feels harassed, bullied. [ 11 ] The situation has been brought to the attention of the Social Worker who met the foster parents. They are very clear that when there is a disagreement between X and Winston, Mr. C sits with them in order to resolve the situation. He sees the situation as childish

revolt, but intervenes each time nonetheless. [ 12 ] The Court had the opportunity to hear the foster mother who seems very committed to X. [ 13 ] The Court is of the opinion that with the help of a Social Worker in City A and regular meetings with X, the situation can be resolved for the better. This follow-up should take place on a weekly basis to improve the situation and prevent a displacement of X to another foster family. [ 14 ] The Court agrees with the recommendations of the Director of Youth Protection.

During the next year, the mother will have to fully collaborate with the Director of Youth Protection in a very open and honest manner in order to put an end to the situation that endangers the security and development of X. [ 15 ] FOR THESE MOTIVES, THE COURT : [ 16 ] GRANT the motion; [ 17 ] DECLARES that the security and development of X are still endangered; [ 18 ] ORDERS the placement of X in a foster family for a period of one year with a possible reintegration to the mother’s care under the following conditions: • That the mother engage in and complete a treatment to address her alcohol consumption problem; • That the child still wish to go back to his mother’s care. [ 19 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the frequency, the length and the modalities, these contacts must take place at a minimal frequency of once per month and must be established in the best interest of the child; [ 20 ] ORDERS the mother to be and remain sober when in presence of the child; [ 21 ] ORDERS the mother not to put the child in the presence of people under the influence of intoxicating substances; [ 22 ] ORDERS the mother to engage in and complete a treatment to address her alcohol consumption issues; [ 23 ] AUTHORIZES all service providers to the family to communicate information to the Director of Youth Protection as requested; [ 24 ] ORDERS that X be met once a week for the next two months and that there be a follow-up with the foster family; [ 25 ] TAKES NOTICE of the consent of the representative of the Director of Youth Protection to give a report of the meetings with X to his lawyer and that a short written report will also be given after the two months; [ 26 ] ORDERS that aid, counselling and assistance be provided to X and his mother for a period of one year; [ 27 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DYP, A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Mtre. Michel Grenier Lawyer for the mother Date of hearing: July 27, 2017