2011 QCCQ 9675, 2011 QCCQ 9675

Protection de la jeunesse — 112953 2011 QCCQ 9675 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] CITY OF [...] « Youth Division »

No : 640-41-001210-092 DATE : April 20 th , 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE CHILD: x Born on […], 2003 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in CITY A (Quebec), district A; Petitioner -and- A , deceased; Mother -and- B , residing and domiciled in CITY B (Quebec), district B Father -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE . ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits to the Court a motion for revision of a Court decision rendered on February 16 th , 2010 by Justice Marc E.

Grimard in which the Court entrusted the child for a period of six months to a foster family with a progressive reintegration with her sister Y. [ 2 ] Since the last Court order, the Director of Youth Protection alleges a number of facts and more specifically : « 4. [ … ] 4.1 The father still lives in CITY B without an address or a stable residence; 4.2 The father has not been involved with his daughter since the last Court hearing in February 2010; 4.3 As per the Court order, the child was integrated at her sister's places, Mrs. Y; 4.4 Mrs.

Y remains the most significant person in the child's life. » [ 3 ] To address the child's needs, the Director recommends to the Court that the child be maintained with her sister until her

majority. [ 4 ] At the hearing, the child and her sister, her caretaker, are present, both represented by counsel. They agree with the recommendations made by the DYP. [ 5 ] X's mother is deceased. Her father is living on the street in CITY B. [ 6 ] The only significant persons in X's life are her sister Y and her partner C. [ 7 ] X was entrusted to Y and C in July 2010 after a short stay in a foster home. X quickly integrated into the routine. She is getting along well with his niece and nephews. [ 8 ] The Court is preoccupied by some incidents of alcohol consumption by C and Y.

On December 23 rd , 2010 and on January 7 th , 2011, C and Y were both intoxicated. The children, including X, had to be placed in an emergency foster home for the night. All the children were returned the day after each incident. [ 9 ] After the second event, the DYP and the parents signed voluntary measures, whereby C and Y agreed to provide a safe and alcohol-free environment for all the children. They also agreed to collaborate with the DYP. [ 10 ] There has been no incident since then.

X also says she is not afraid of either C or Y even though she sees C yelling at Y at times. [ 11 ] The Court has been clear. The DYP must not leave X alone without a close follow-up. X now lives with members of her family and this contributes to meeting her best interest.

But if C and Y are to abuse alcohol and if C is to use drugs and become violent, X will not be safe with them. [ 12 ] The Court recalls that C has been under conditions for drug trafficking since February 18 th , 2010, and under these conditions, he was ordered not to drink alcohol in the presence of children. [ 13 ] X has already been through a lot of dramatic events in her life.

She now counts on her aunt and uncle to provide her with security and love, not alcohol and violence. [ 14 ] The DYP must ensure that this will be the conditions under which she will remain entrusted to her aunt and uncle until her majority. THEREFORE, THE COURT : GRANTS the present motion; REVISES the Court order rendered February 16 th , 2010 by Justice Marc E.

Grimard; DECLARES that the security and the development of X are still in danger; ORDERS that X be entrusted to Y until she reaches the age of majority; ORDERS that X's sister Y be authorized to sign medical, educational and travel consents for Sabina if the father is not able to sign the authorizations; ORDERS that aid, counsel and assistance be provided to X and her family until X reaches the age of majority; ORDERS the police to collaborate in the execution of this order; ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., for the execution of this order. __________________________________ LISE GAGNON, J.Q.C.

M e Robert-André Adam Attorney for the DYP M e Caroline Veillette Jackson Attorney for the child M e Angèle Tommasel Attorney for the mother Date of hearing: April 20 th , 2011