2012 QCCQ 12178, 2012 QCCQ 12178

Protection de la jeunesse — 124206 2012 QCCQ 12178 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000405-123 DATE: July 5, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ A Petitioner and X Child and B Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2000-[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X was adopted by her maternal grandmother, Ms. B , in 2003 ;

b) in 2010, X ’ situation was reported to the Director of Youth protection because the child was neglected and physically abused by an adult sister who lived at home ;

c) the mother was not able to protect X , who was entrusted to her sister, Ms. Y , as a foster family ;

d) since June 2010, X has remained in foster care under voluntary measures ;

e) Ms. B suffers from limitations and disabilities and she speaks little English ;

f) the mother’ situation has remained the same since X was placed ;

g) X suffers from attention deficit and hyperactivity disorder and also has learning problems ;

h) X ’s behaviour has improved since she was entrusted to her sister Y ;

i) in school, X is doing better than she used to, on both academic and behaviour levels ;

j) X participated in dance classes and is involved in sports ;

k) X has adjusted well to her foster family, who is able to answer her needs ;

l) the mother has contacts with X but cannot take her back on a full time basis. [ 3 ] At the hearing, the mother is present and unrepresented. After having been explained (in English and language

A) the nature of the petition, the length of the proposed ordinance and the contacts she will have with her daughter, the mother accepts the conclusions of the petition as well as the child's lawyer. [ 4 ] The Court studied the psychosocial report as well as reports of psychologists concerning the mother and the child. [ 5 ] The Court also examined three agreements on voluntary measures (in foster care with a maternal aunt) valid between June 9, 2010 and May 28, 2012. [ 6 ] Considering the report's content, the voluntary measures and the position of the parties, the Court grants the petition in the sense of its conclusions.

WHEREFORE, THE COURT : [ 7 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 8 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection ; [ 9 ] RECOMMENDS that the mother participates in a parental assessment ; [ 10 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ;

[ 11 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until May 31, 2013, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the child Mrs B , the mother