2020 QCCQ 9882, 2020 QCCQ 9882

Protection de la jeunesse — 201463 2020 QCCQ 9882 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000406-183 DATE: January 7, 2020 ______________________________________________________________________ PRESIDING : 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 [...], 2002 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (

Section 95 , Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.) [ 1 ] The Director of Youth Protection submitted an application to the Court for a review of the decision rendered on January 9, 2019 entrusting the youth to her maternal grandmother for a period of one month and thereafter, to a foster family for a period of eleven months with reintegration to the parents after the completion of a treatment program followed by three consecutive months of sobriety, along with many supporting measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director alleges a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the adolescent to her maternal grandmother, Mrs. C, until she reaches the age of majority on [...], 2020, and that it order several assistance measures including a follow-up by Social Services for the same period. [ 4 ] The mother admits all the facts alleged in the motion, but she nuances two of them regarding the fact that she is ready to attend a treatment program as soon as possible. [ 5 ] She is in agreement with all the recommendations. [ 6 ] The father admits the essence of the motion.

He is in agreement with the recommendations. [ 7 ] The adolescent is absent, but, on her behalf, her lawyer has told the Court that she is in agreement with the recommendations. [ 8 ] The evidence reveals the following facts. Since the last decision, the adolescent remained in the foster home of the maternal grandmother. [ 9 ] She is doing well at her grandmother’s house.

This one has no complaint about her granddaughter. [ 10 ] The adolescent was attending school until she gave birth on [...], 2019. [ 11 ] She is adjusting well to motherhood with the help of her grandmother and her mother when she is sober. [ 12 ] The parents’ situation remains the same. They have not made any progress. They still go out and drink. [ 13 ] The adolescent will be eighteen on [...], 2020.

Analysis: [ 14 ] The parents still struggle with drugs and alcohol and need counselling to address their issues. [ 15 ] They were not able to complete all the recommendations that the Court had made, more specifically attending a treatment program. [ 16 ] Neither parent has been sober for at least six consecutive months. [ 17 ] Given the age of the youth, her personal situation, that she is doing well at her grandmother’s home and that she accepts to be entrusted to her grandmother, who supports her in her new responsibility as a mother, the Court concludes that all the recommendations are in her best interest. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application under

section 95 of the YPA ; [ 19 ] REVISES the decision rendered on January 9, 2019; [ 20 ] DECLARES that the security and development of X, born on [...], 2002, are still in danger; [ 21 ] ENTRUSTS X to her maternal grandmother, Mrs.

C, until her age of majority on [...], 2020; [ 22 ] ORDERS that the contacts between the youth and her parents be agreed upon the parties; [ 23 ] ORDERS that both parents remain sober; [ 24 ] ORDERS that the youth receive all services deemed necessary for her healthy development; [ 25 ] ORDERS that aid, counselling and assistance be provided to the youth and her parents until [...] , 2020 and that they be provided on a regular basis; [ 26 ] ORDERS any peace officer to collaborate with the execution of the judgment; [ 27 ] ENTRUSTS the situation of the adolescent, X, to the DYP A who shall then see that the measures are carried out.

Signed in ________on January ___, 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre Adelia Ferreira [...], Santé & Services Sociaux A Counsel for the applicant Mtre Antoine Meunier Centre communautaire juridique A Counsel for the adolescent Mtre Michel Grenier Counsel for the mother Mtre Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the father Date of hearing: January 7, 2020