2020 QCCQ 9879, 2020 QCCQ 9879

Protection de la jeunesse — 201460 2020 QCCQ 9879 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000403-180 DATE: January 7, 2020 ______________________________________________________________________ PRESIDING : THE HONOURABLE LUCIE GODIN, 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 [...], 2006 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (

Section 95 , Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submitted an application to the Court for a review of the decision rendered on January 9, 2019, entrusting the youth to a foster family for a period of twelve months with reintegration to the parents after the completion of a treatment program followed by three consecutive months of sobriety along with many supporting measures including aid, counselling and assistance for one year. [ 2 ] The Director alleges a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the adolescent to a foster home for a period of twelve months and that it orders several assistance measures including a follow-up by Social Services for the same period. [ 4 ] The mother admits all the facts alleged in this motion. She testified that she is now ready to resume a treatment program within a very short period of time.

She agrees with all the recommendations. [ 5 ] The father admits some facts, denies and ignores others. [ 6 ] He is in agreement with the recommendations, but he doesn’t know where his son is right now. [ 7 ] The youth admits the essence of the facts alleged in the motion. He mentions that he sees his father almost every day. He is in agreement with the recommendations, but wishes strongly to be entrusted to his great aunt, Mrs.

C. [ 8 ] The evidence reveals that, since the last judgment, he remained entrusted to his maternal grandmother. [ 9 ] During this period, he had behavioural issues: he did not respect the house rules of the maternal grandmother. The grandmother had a hard time sending him to school. [ 10 ] Therefore, the Director requested for him to be on a waiting list to be admitted in a rehabilitation centre. [ 11 ] The Director met the adolescent who expressed wanting to go back to the care of his great-aunt C. [ 12 ] The adolescent has made a commitment to attend school regularly.

[ 13 ] The Social Worker testified that the adolescent respects his commitment so far and the plan is to entrust him to his great aunt, C. [ 14 ] The parents’ situation remains the same. They both continue to drink and are not able to take care of the youth on a daily basis. [ 15 ] The adolescent loves his parents, but he wants to see them sober. [ 16 ] The parents have a long history of an unstable and unhealthy relationship.

They still struggle with drugs and alcohol and need counselling to address their issues. [ 17 ] Both parents were not able to complete the recommendations made by the Court in the last judgment, more specifically attending a treatment program. [ 18 ] Neither parent has been sober for at least six consecutive months. [ 19 ] The undersigned reminds the parents that the legal time limit on the youth’s placement will expire at the end of the present order. [ 20 ] The Court concludes from the evidence that all the recommendations are in the best interest of the adolescent.

FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application under

section 95 of the YPA ; [ 22 ] REVISES the decision rendered on January 9, 2019; [ 23 ] DECLARES that the security and development of X, born on [...], 2006, are still in danger; [ 24 ] ORDERS that X be entrusted to the foster home of the great maternal aunt C for a period of one (1) year; [ 25 ] AUTHORIZES the reintegration with the parents after nine (9) months, if the parents have completed their treatment and if they have been sober for at least six (6) months; [ 26 ] ORDERS that the parents attend a treatment for substance abuse; [ 27 ] TAKES JUDICIAL NOTICE that the mother will commit herself as soon as possible; [ 28 ] ORDERS that the parents receive ongoing support services for substance abuse and for their personal issues; [ 29 ] ORDERS that both parents seek help to improve their co-parenting and parenting skills; [ 30 ] ORDERS that the Director support the parents in that direction; [ 31 ] ORDERS that the mother and father remain sober; [ 32 ] ORDERS that the adolescent receive all services deemed necessary for his healthy development; [ 33 ] ORDERS minimum contacts of twice (2x) a month between the parents and the adolescent; [ 34 ] ENCOURAGES any other contacts to be organized in the best interest of the adolescent and that the frequency and modalities be agreed upon by the parties; [ 35 ] ORDERS that aid, counselling and assistance be provided to the adolescent, his parents and his foster home for a period of one (1) year and that it be provided on a regular basis; [ 36 ] ORDERS any peace officer to collaborate with the execution of the measures ordered; [ 37 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in________, on January ___, 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre Adelia Ferreira [...] Board of Health and Social Services A Counsel for the applicant

Mtre Antoine Meunier Centre communautaire juridique A Counsel for the adolescent Mtre Michel Grenier Counsel for the mother Mtre Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the father Date of hearing: January 7, 2020