2019 QCCQ 14891, 2019 QCCQ 14891

Protection de la jeunesse — 1911241 2019 QCCQ 14891 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 640-41-001680-138 DATE : December 19, 2019 ______________________________________________________________________ BY 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 [...], 2009; Child and A Mother B Father _____________________________________________________________________ JUDGMENT (Section 95 of the Y.P.A.) ______________________________________________________________________ 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 (the Director) submitted an application to the Court for the extension of the decision rendered on December 12, 2018, entrusting the child to a rehabilitation centre (Group Home) until December 21, 2019, and ordering various assistance measures, including follow-ups until December 21, 2019. [ 2 ] The Director alleged a long series of facts. This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the child to Mrs.

C, foster family, until December 21, 2020, and that it order several assistance measures, including follow-ups by Social Services for the same period. [ 4 ] The mother is absent, but she is represented by a lawyer.

Right now, she is a Le Portage, in the mother and child program. [ 5 ] The father is detained. [ 6 ] The evidence reveals the following facts. [ 7 ] The child is ten years and five months old. [ 8 ] Since the last court hearing, the situation of the parents remains the same: They still display alcohol-related problems and conjugal violence issues. [ 9 ] The mother has completed the treatment A regarding her alcohol issues, but unfortunately, since then she has relapsed.

She is currently in treatment at Le Portage. [ 10 ] Since the last court hearing, the child remained at the Group Home rehabilitation centre in Town A. [ 11 ] With the support of all the professionals, the child was able to improve his behaviour.

[ 12 ] He has visited his home village on a number of occasions. Each visit was structured with a curfew, and his behaviour was good. [ 13 ] The contacts between the child and his parents are irregular. [ 14 ] The child has made tremendous progress at the Group Home, therefore the Director is willing to try to entrust him to the paternal grandmother, Mrs.

C, as her relationship with X is significant and the child was placed with her in the past. [ 15 ] The child has been entrusted to extended family in the past, and there have been some times when they would struggle to provide the adequate structure and support for the child, who needs greater attention than most children his age. [ 16 ] Therefore, the Director must add the support of an external educator in order for X’s integration from the Group Home into his grandmother’s home to be successful. [ 17 ] The Director will progressively reintegrate the child with his grandmother. [ 18 ] The child has a right and deserves to live in a home that is free from alcohol abuse and violence, and that has adequate boundaries. [ 19 ] He needs support and structure. [ 20 ] It is essential for the youth to be in the presence of positive adult role models.

The Director is concerned about the people he will be exposed to if he leaves the rehabilitation centre, but they do not want to deny him the opportunity he deserves because of other people. The Director recognizes that the child is doing everything that is being asked of him. [ 21 ] The family’s collaboration with Social Services is required and is key to the youth’s successful reintegration within his grandmother’s home. [ 22 ] The child has been put on a waiting list for a psychological assessment in March 2019, and he is still waiting.

It has become urgent that he benefits from such an assessment. [ 23 ] Given his needs, the fact that he has improved his behaviour, and the willingness and openness of the grandmother to collaborate with the Director and to do everything that is necessary to answer to her grandson’s needs, The Court concludes that all the recommendations are made in the best interest of the child. FOR THESE MOTIVES, THE COURT: [ 24 ] GRANTS the motion; [ 25 ] NOTES that it is in the best interest of X to be in his grandmother’s foster home; [ 26 ] ORDERS that the child X be entrusted to the foster family of Mrs.

C, grandmother; [ 27 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection will take all the measures necessary in order for X to benefit from a psychological assessment as soon as possible (He has been waiting since March 2019); [ 28 ] ORDERS that the child’s parents report in person or by phone, at regular intervals, to the Director to inform her of their current situation; [ 29 ] ORDERS that the parents remain sober in the presence of the child; [ 30 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 31 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, the frequency, and the degree of supervision; [ 32 ] ORDERS that the mother seek help through Social Services or other resources in the community concerning her alcohol and personal issues; [ 33 ] ORDERS that the father seek help through Social Services or other resources in the community concerning his alcohol and violence issues, once he is released from prison; [ 34 ] ORDERS that aid, counselling and assistance be provided to the child and his family, namely the presence of an educator, for as long as deemed necessary; [ 35 ] THE WHOLE until December 31, 2020;

Signed in________, on January ___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Counsel for the applicant Mtre. Laurence Migué Counsel for the child Mtre. Angèle Tommasel Counsel for the mother Mtre. Geneviève Lucas Counsel for the father Date of hearing: December 19, 2019