2020 QCCQ 10691, 2020 QCCQ 10691
Opinion
Protection de la jeunesse — 206972 2020 QCCQ 10691 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » No: 614-41-000416-190 DATE: June 17, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the […] Health and Social Services […], working in Town A. APPLICANT and X, born on [...], 2004 CHILD and A MOTHER ______________________________________________________________________ JUDGMENT
Section 95 of the Youth Protection Act CQLR 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 submits an application to extend the placement of X, 15 years old, in the foster family of her grandmother. [ 2 ] X, present, is represented by Mtre. Yan Massé.
The mother, also present, is represented by Mtre. Marie-Josée Ayoub while Mtre. Magdalena Lempicka acts on behalf of the applicant. [ 3 ] The application is neither challenged by the mother, nor by the youth. They are in agreement with the measures recommended by the Director of Youth Protection. [ 4 ] The evidence reveals that X completed an alcohol abuse treatment program on November 7, 2019, but unfortunately, she relapsed soon after.
In consequence, she continues to struggle with her alcohol-related problem. [ 5 ] The teenager says that the mother drinks excessively only sometimes. [ 6 ] The mother was accepted in [center A] and is waiting for a date to be admitted. [ 7 ] The mother states that she has been sober for the past 3 weeks. [ 8 ] The mother acknowledges that she is not in a position to resume the care of X. [ 9 ] It is important that X be informed of all the resources which are available in the community in order to help her resolve her alcohol consumption issues.
FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the application; [ 11 ] MAINTAINS that the security and development of X, born on [...], 2004, are still endangered; [ 12 ] ORDERS the placement of X in a foster home for a period of 9 months; [ 13 ] RECOMMENDS that X seek professional help for her substance abuse issues; [ 14 ] ORDER that the mother attend the mother-child program at [center A] and to follow the recommendations of the professionals; [ 15 ] ORDERS the mother to seek professional help to address her substance abuse issues until she is admitted to the mother-child program at [center A];
[ 16 ] ORDERS that contacts between the teenager and the mother be supervised by the Director of Youth Protection as for the frequency and modalities; [ 17 ] AUTHORIZES any service providers to obtain and share information with the Director of Youth Protection regarding attendance and collaboration of their respective clients; [ 18 ] ORDERS aid, counselling and assistance be provided to the mother and X for one year; [ 19 ] ORDERS any peace officer to collaborate with the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its duly mandated representatives; [ 20 ] ENTRUSTS the situation of X to the Director of Youth Protection of […] Health and Social Services […] who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.
Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A Attorney for the teenager Mtre. Marie-Josée Ayoub Ayoub, Avocats inc. – B Attorney for the mother Date of hearing: June 17, 2020
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