2021 QCCQ 11677, 2021 QCCQ 11677
Opinion
Protection de la jeunesse — 216699 2021 QCCQ 11677 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000500-191 DATE: September 10, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant And X born on [...], 2008 Teenager And A Mother ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.
P-34.1 CQLR ) ______________________________________________________________________ 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 an application asking the Court to extend the placement of X in the foster family of B until he reaches the age of majority. [ 2 ] For the hearing, X is present and is assisted by Mtre. Fanny Wylde. Mtre.
Marie-Michelle Grenier acts on behalf of the mother who is absent. Mtre. Magdalena Lempicka represents the applicant. [ 3 ] The application presented by the Director of Youth Protection is not challenged by the parties.
Both the mother and the teenager made the following admissions : • X remained in the same foster family and is doing well; • The mother’s situation remains the same; • The mother continues to have issues with alcohol; • The mother does not collaborate with the social follow-up; • The mother did not apply for any treatment program; • There were no authorized contact between X and his mother since the mother refused to discuss the matter; • X has seen the mother in the community; • It is not possible for X to return to the mother’s care at the present time. [ 4 ] The mother agrees with the placement of the child where he currently lives.
She knows that the foster family takes good care of him. [ 5 ] X is attending school in French. He is in secondary I and is doing well. He is described by the foster family as an easy-going, respectful young teenager. [ 6 ] Mrs. B testified. She commits herself to keeping X until he reaches the age of majority. She says that she has a clean house
where there is no alcohol or drug consumption. She is dedicated to the teenager and is capable of guiding him towards adulthood. [ 7 ] The life plan presented by the Director of Youth Protection is adequate to answer the needs of X. It meets his best interest. FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and development of X, born on [...], 2008, are still endangered; [ 10 ] ORDERS the placement of X in a foster home, namely the one of Mrs.
B, until he reaches the age of majority; [ 11 ] ORDERS that the frequency and modalities of contact between X and his mother be determined by the Director of Youth Protection, supervised by a third party if necessary and be held only according to the child’s wishes and best interest; [ 12 ] ORDERS that the contacts between X and his sisters be encouraged and supervised by the Director of Youth Protection; [ 13 ] WITHDRAWS from the mother the exercise of certain attributes of parental authority and INVESTS the Director of Youth Protection of these attributes for the purpose of signing consents for all medical, educational, social and travel purposes, including obtaining a passport, social insurance number and driver’s licence; [ 14 ] RECOMMENDS that the mother inform the Director of Youth Protection of any steps taken to address her situation such as treatment programs and anger management workshops; [ 15 ] ORDERS that aid, counselling and assistance be provided to X and his foster family until he reaches the age of majority; [ 16 ] ORDERS that a social follow-up be available for the mother if she expressly requests it; [ 17 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 18 ] ORDERS that the mother remain sober at all times when exercising access rights with X and ensure that X is not exposed to any person who is under the influence of intoxicating substances or exposed to any form of violence; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.
Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Fanny Wylde Legal Aid A Lawyer for the teenager Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the mother Date of hearing: September 10, 2021
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