2014 QCCQ 4352, 2014 QCCQ 4352

Protection de la jeunesse — 142 2014 QCCQ 4352 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 145-41-000402-120 DATE: January 9, 2014 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ A Petitioner and X , born on […] 2008 Child and B Mother and C Father ______________________________________________________________________ JUDGMENT JP2122 ______________________________________________________________________ [ 1 ] X is six years old and he has been living with his foster family for nearly two years. [ 2 ] The director of youth protection (DYP) asks the Court to order that the child remain in foster care until he reaches his majority. [ 3 ] Neither the mother nor the father is present at the hearing.

However, the father sent a letter stating he agrees with long-term placement of his son. The child's lawyer also consents to the measures sought by the DYP. [ 4 ] The parents' situation does not permit to foresee the child's return home, with either of them.

[ 5 ] The father had regular contacts with the child, until last summer. At the time, he shared his life with a girlfriend who was sometimes present and involved during visits. The father and his girlfriend broke up and, since August 2013, there was no contact between the child and Mr C. [ 6 ] Moreover, the father still struggles with substance abuse issues. [ 7 ] The mother also deals with addiction issues, despite the fact that she denies it most of the time.

She did not submit herself to drug tests, even though the Court ordered it in February 2013. [ 8 ] However, the mother entered an [Centre 1] on September 24, 2013. Unfortuna-tely, she left three days later, while she was supposed to be there for six weeks. [ 9 ] Other than that very short stay in [Centre 1], the mother did not seek professional help in order to improve her situation. She did not cooperate with the educator who was to work with her on parental skills. She did not involve herself in neither psychological assessment nor counselling. [ 10 ] The mother refuses to work with the DYP.

Four different workers have been in charge of the follow-up, and the mother's cooperation ranges from poor to nonexistent. [ 11 ] The mother misses many scheduled visits with her son. Furthermore, when she attends visits, she shortens them. Prior to the hearing, the mother saw the child three times in the last four months. [ 12 ] When contacts take place, the child is pleased to see his mother. She plays with him and shows affection.

The child is often sad to leave at the end of the visit. [ 13 ] The evidence reveals clearly that neither parent can provide a stable, secure and structured environment for the child. [ 14 ] Fortunately, the child can rely on his foster family to answer his needs. The foster family is committed to take care of the child on a long-term basis. The child's life project is to grow up with his foster parents, with whom he has created a bond. THEREFORE, THE COURT: [ 15 ] GRANTS the present petition; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act; [ 17 ] REVISES AND EXTENDS the Court order rendered on February 22, 2013; [ 18 ] ORDERS that X be entrusted to the foster family designated by the director of youth protection, namely the one of Mrs. D and Mr E , until his age of majority ([…], 2026); [ 19 ] RECOMMENDS that the parents remain actively involved in their son's life through visitation, scheduled and supervised by the director of youth protection as long as deemed necessary; [ 20 ] RECOMMENDS that the parents participate in a drug/alcohol assessment and treatment if deemed necessary; [ 21 ] RECOMMENDS that Mrs.

B present herself for medical laboratory drug testing; [ 22 ] RECOMMENDS that X and his family benefit from working with an external educator to deal with parenting issues; [ 23 ] RECOMMENDS that the parents benefit from anger management therapy; [ 24 ] WITHDRAWS from the parents the exercise of their parental authority with regards to the authorizations to be given concerning the routine or urgent health services, the social, academic, extra-curricular activities and to obtain a passport, a social insurance card, a driver’s license or any other legal paper that X may need and DELEGATES such authority to the director of youth protection of the Centre Jeunesse A, in concert with the foster parents; [ 25 ] ORDERS that a person working for an establishment or an organization provide aid, counsel and assistance to the child X and his family until […], 2026; [ 26 ] ENTRUSTS the situation of the child X to the director of youth protection of the Centre Jeunesse A until […], 2026 for the carrying out of the present judgment.

__________________________________ JANICK POIRIER, J.C.Q. ME LOUYSE A. LEMIEUX for the petitioner ME HUGO CAISSY for the child MRS. B the mother (absent) MR. C the father (absent) Date of hearing: December 4, 2013