2011 QCCQ 18544, 2011 QCCQ 18544

Protection de la jeunesse — 117489 2011 QCCQ 18544 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000360-104 DATE: November 9, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for extension of an order in respect of X (2006-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On November 10, 2010, the Court declares that the security and development of this child are considered to be in danger and orders that he be entrusted with a foster family until September 30, 2011, and to clarify a long-term life project for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) Mrs B gave birth to a first child in 2001, who was placed for adoption in Ontario ;

b) from 2007, the family had a follow-up from social services in province A and Serenity was entrusted to a foster family for several

months ;

c) the parents' problems were then related to substance use, insalubrity of their residence, domestic violence, money mismanagement and mental health issues ;

d) in 2009, the family moved to city A, where the same problems remained ;

e) in December 2009, the three children were entrusted to foster families, under regular social services and they are placed since that time ;

f) following the last court order the parent respected the

schedule for visits for a few weeks ;

g) during Christmas Holidays, the father was reluctant to get out of bed for his visits and the mother shortened visit on December 23 ;

h) in January, the parents cancelled three visits out of five ;

i) in February, the parents cancelled all visits ;

j) in March, the father showed up for two visits and the mother had one ;

k) in May and June, the father had one visit and the mother had none ;

l) the parents were not consistent for the visits and needed support to get involved during contacts with their children ;

m) neither parent has a stable home environment, both of them have moved often ;

n) the parents did not collaborate with the Youth Protection Delegate to improve their situation ;

o) the Youth Protection Delegate has no news from the mother since April 2011 and the Youth Protection Delegate has no address or phone number to reach the mother ;

p) the father admitted to using drugs and alcohol and he lost a lot of weight ;

q) the father started partying more after his father died last year ;

r) the father stated that he wants to go to a rehabilitation center ;

s) the father did not involve himself with any resources recommended by the Youth Protection Delegate ;

t) the father is on probation since July 12, 2011, for twelve months because he was found guilty of assault on B, that occurred on January 1, 2011 ;

u) the father is forbidden to have contact with the children's mother ;

v) the mother was charged for theft from superstore for over 600 $, and she pled guilty on June 13, 2011 ;

w) the mother did not show up for sentencing on July 12, 2011, there is warrant for her arrest ;

x) the mother is also charged for theft at Zellers for over 250 $, she should appear in Court on September 12, 2011 for that offence ;

y) the children are all doing well in their foster homes ;

z) Serenity presents behavioural problems after visits with the mother ; aa) Serenity said to her foster parent that her mom told her she was going to live with her again soon ; bb) both parents did nothing to improve their situation ; cc) the parents are not capable of taking care of their children now and in the future ; dd) the children need a long term life project and to be in a secure and stable home ; ee) the foster families are willing to take care of the children until their age of majority ; ff) considering that it is very hard to find the parents to obtain their authorizations for medical care, it will be in the best interest of the children to withdraw from the parents their parental authority regarding this subject. [ 4 ] At the hearing, the parents are present and only the mother is represented as well as the child. [ 5 ] The mother's lawyer admits generally the situation described in the petition and consents to its conclusions. [ 6 ] The father does not contest.

He admits that his personal situation did not evolve since the judgment of November 10, 2010. [ 7 ] The child's representative consents to the conclusions of the petition. [ 8 ] The Court studied the psychosocial report and examined the probation order signed by the father on July 12, 2011.

[ 9 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of its conclusions. WHEREFORE, THE COURT : [ 10 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 11 ] ORDERS that X be entrusted to Mr C and Mrs D, the foster family chosen and designated by the Director of youth protection following the clarification of a long-term life project for the child ; [ 12 ] ORDERS that contacts between X and his parents take place under supervision, as long as deemed necessary by the Director of youth protection ; [ 13 ] ORDERS that X receives all health and social services that he may require ; [ 14 ] ORDERS that the parents actively participate to all measures suggested by the Director of youth protection ; [ 15 ] ORDERS that the parents' right to exercise their parental authority with regards to the authorizations to be given concerning the routine or urgent health services and the social, academic and extracurricular activities be withdrawn and delegateS such authority to his foster family ; [ 16 ] ORDERS that X be also educated in his Mi'gmaq heritage and be supported in participating in native cultural activities and more particularly, that he be given the opportunity to attend regularly different cultural, religious, social or family activities in the community A ; [ 17 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until […], 2028 (date of his majority), for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Mrs Florence Frappier-Routhier, for the child Me Andrée Rioux, for the mother

Mr A, the father