r v. C, 2016 QCCQ 8791

Protection de la jeunesse — 163829 2016 QCCQ 8791 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 650-41-002205-124 DATE: June 15 th , 2016 BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of : X Born on [...], 2003 [SOCIAL WORKER 1] , in her quality of authorized person by the Director of Youth Protection, Centre intégré de santé et de services sociaux A, petitioner v. C respondent mother JUDGMENT PETITION FOR REVIEW AND EXTENSION (Art. 95 al. 1 and 2 and 75, Youth Protection Act, CLRQ, 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 Director of Youth Protection presents a petition for review and extension of a Court order rendered on May 26 th , 2015 concerning X, born on [...], 2003, who is 13 years old. [ 2 ] The mother has four other children, Y and Z, both born on 2012, [...], A, born on 2010, [...] and B, born on 2008, [...]. [ 3 ] All the children live with their mother except Y who lives in City A with an aunt and an uncle.

The mother is still in relationship with D who is the father of her four others children. However, their relationship is not stable; they separate and reconcile very often. [ 4 ] The mother has completed a therapy in November 2015 and she is now sober since then, except during the holidays. [ 5 ] The mother’s boyfriend went to a healing session in April and he really wants to stop drinking. Even if the mother and her boyfriend went through therapy they still need help to make sure that they stay sober. [ 6 ] In December 2015, the mother moved to City B to go back to school.

In January 2016, she moved to City A, again to go back to school. She moved back to City C in March 2016 and she has been living with her boyfriend since then. [ 7 ] X is in grade six. She had suicidal thoughts in April but she is now doing fine.

X spent a lot of time with E, her grant-mother’s sister when her mother was living away and she still does even if her mother moved back to City C . [ 8 ] The evidence shows that the security and the development of the child remain in danger according to the Youth Protection Law . [ 9 ] MEASURES [ 10 ] The grand-parents help the mother when she needs it and they are present for the child. [ 11 ] The mother wishes to move to City A to be close to her son Y. Her plan is not clear, she says she has family and friends who could help them when they get there. She also wants to go to Montréal for a therapy.

She is still unstable. [ 12 ] The mother and the child agree with the measures recommended by the Director of Youth Protection and those measures are in her best interest. THEREFORE, THE COURT : [ 13 ] GRANTS the petition;

[ 14 ] DECLARES that the security and development of the child remains in danger; [ 15 ] ORDERS that the child be entrusted to her mother; [ 16 ] TAKES NOTE that the mother agrees that her child stays regularly over E’s place, her grandmother’s sister; [ 17 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and her family; [ 18 ] ORDERS that the child’s mother take an active

part in the application of any measure ordered by the Court; [ 19 ] ORDERS that the mother completes her steps to put an end to her problems; [ 20 ] ORDERS to the mother to collaborate to the measures, particularly to inform the social worker of any change in her situation such as moving to another place; [ 21 ] ORDERS that the mother and Mr. D remain sober in presence of the child; [ 22 ] PROHIBITS the consumption of alcohol or drugs in presence of the child; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order for a period of twelve months.

Signed on July 6 th , 2016 ANDRÉE ST-PIERRE, JCQ Me Lyne Monger lapierre turgeon monger, avocats direction of youth protection Me Pierre Paradis centre communautaire juridique A Lawyer for the child The mother, personally Date of hearing: June 15 th , 2016