2017 QCCQ 694, 2017 QCCQ 694

Protection de la jeunesse — 1731 2017 QCCQ 694 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000122-152 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2012 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 and 75 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 Court is seized with a motion in revision of the decision rendered by Honourable Denise Descôteaux on August 4, 2016 concerning the situation of X, born on […], 2012. [ 2 ] The applicant, Mrs [social worker 1], asks the Court to remain the child with his mother and to provide services to the mother for the next year, even if she did not complete the whole program in Centre A. [ 3 ] At the hearing, the mother is present, assisted by Me Yan Massé.

Me Myriam Gaudreault represents the father and Me Michel Grenier, the child. Me Camille Champeval assists the applicant. [ 4 ] The parties admit the allegations and agree with the recommendations. [ 5 ] It is proved that the mother remained with X and his half-sibling Y at the Centre A until November 9, 2016 and succeeded levels 1, 2 and 3 of the program. She left at the level 4. She was overwhelming with the responsibilities granted to her by the Centre A’s staff. She felt confident about leaving before completing her therapy and mentioned she had all the tools she needs.

She had planned everything for going back home. [ 6 ] The mother has secured on her own place to stay in a women’s shelter in Town B with the child and his half-sibling. She has regular contacts with her social worker, Mrs [social worker 1]. She receives services and counseling at the women’s shelter. She demonstrates that she is responsible, self-aware of her substance use issues and of her triggers to consume. [ 7 ] The father is not involved with the child. His situation is still problematic.

He consumes abusively alcohol and does not have his own place to live. [ 8 ] Considering the evidence, the child’s best interest, the mother’s improvement and her collaboration with different services, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X are in still endangered; [ 11 ] REMAINS the child X with his mother; [ 12 ] ORDERS the mother to remain sober in presence of the child;

[ 13 ] ORDERS the mother to attend external addiction treatment; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his mother for a period of one year; [ 15 ] ORDERS the mother to collaborate actively with the social worker; [ 16 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and the father; [ 17 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Yan Massé Attorney for the mother Me Myriam Gaudreault Attorney for the father Me Michel Grenier Attorney for the child Date of hearing: December 7, 2016