2019 QCCQ 14435, 2019 QCCQ 14435

Protection de la jeunesse — 194435 2019 QCCQ 14435 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000278-186 DATE : April 16, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 adolescent and A mother ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on April 16, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Lucille Beauchemin on April 19, 2018. [ 3 ] Today, the Director recommends that the child be entrusted to the mother’s care and that support measures be ordered for a period of one year. [ 4 ] The mother is in agreement with the Director’s plan. [ 5 ] The child’s attorney raise the question regarding compromission and invites the Tribunal to render a shorter order.

Questions in litigation [ 6 ] Is the child’s security or development still endangered? [ 7 ] What should be the order’s duration? Context and Analysis [ 8 ] The mother actively collaborated with the Director. She remains sober since summer of 2018, sees a worker and an art therapist to resolve her own issues. [ 9 ] Since summer, the child had extended visits authorized with his mother. These were reported as positive for the child. [ 10 ] The child wish to be reunited with his mother. Since Christmas 2018, he progressively reintegrated his mother’s care.

She is ready to resume her parental responsibilities and care for her son on a full-time basis. [ 11 ]

Section 2.3

a) of the Youth Protection Act stipulates that:

Any intervention in respect of a child and the child’s parents under this Act must be designed to put an end to and prevent the recurrence of a situation in which the security or the development of the child is in danger (…). [ 12 ] Considering the mother’s history of addiction, the Tribunal and the Director should be cautious. Support measures should remain in order to solidify the mother’s gains. [ 13 ] The mother understands the need to maintain her sobriety and the importance of maintaining support services. She registered for a family treatment program in [Town A] during next summer.

The Director’s support remains necessary. As she maintained her sobriety since last summer, a six month order appears necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for revision; [ 15 ] DECLARES that the security or the development of the child is still endangered; [ 16 ] REVISES and EXTENDS the order rendered on April 19, 2018; [ 17 ] ENTRUSTS the child to his mother; [ 18 ] RECOMMENDS that the mother engage in services to support her continued sobriety; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 20 ] THE WHOLE for a period of six months; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on May 22, 2019 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Michel Grenier Counsel for the mother Date of hearing: April 16, 2019