2016 QCCQ 6579, 2016 QCCQ 6579

Protection de la jeunesse — 162749 2016 QCCQ 6579 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001838-140 DATE: May 6 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2013 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Biological mother ______________________________________________________________________ JUDGMENT ( Sections 95 and 75 , Youth Protection Act , R.S.Q. 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 asks the Court to review the decisions made on November 12 th 2015 concerning X. [ 2 ] The mother, Ms A, was present in Court on May 5 th 2016.

She admits most of the alleged facts and does agree that the child remain in foster care but not until he reaches the age of majority. [ 3 ] The mother was in detention until February 2016. She did not contact the Director to have information on the child’s evolution in foster care. She did not contact the foster mother either. [ 4 ] The mother works at the hospital. She says that she had seen Ms [Social Worker 1], the Director’s delegate, almost every day since she was released from prison. [ 5 ] She saw Ms [Social Worker 1] but never asked her anything.

She says that she was waiting for her social worker to arrange meetings together. [ 6 ] The foster mother, Ms C testified. She is very attached to the child and ready to take care of him until he reaches the age of majority. The child created a significant bond with Ms C. [ 7 ] Ms C does not live in an Inuit community. She will take steps to preserve the child’s cultural background and language.

The child had lived through more than 58 changes of living domiciles before being taken in charge by Ms C. [ 8 ] All possible attempts were made to find an Inuit family for the child without any success. [ 9 ] The return o f the child with his mother cannot happen in a foreseeable period. [ 10 ] The mother says that she has met with a therapist from Portage when she was in jail. She never continued any other steps to undergo a serious external therapy to solve her alcohol intake and personal issues.

[ 11 ] The mother is still making denial of her responsibility for the placement of the child. She says that “they” broke her heart when her child was entrusted to foster care. [ 12 ] The child has spent seven months of his life with his mother and the rest in placement. He is now 29 months old. He needs to be offered the stability and the bond he has started to build in his foster family.

FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child, X, are still in danger; [ 15 ] REVISES and EXTENDS the decision rendered on November 15 th 2015; [ 16 ] ORDERS that the child be entrusted to a foster family, namely that of Ms C; [ 17 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 18 ] ORDERS that the mother remain sober in the presence of the child; [ 19 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 20 ] RECOMMENDS that the mother seek help through social services concerning her alcohol issues; [ 21 ] ORDERS that the contacts between the child and Ms A (adoptive mother) be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 22 ] AUTHORIZES the foster family, Ms C, to sign all consents regarding school, medical, travelling, passport and driver’s permit should the Director of Youth Protection not be able to locate or to get the mother’s consent in a timely manner; [ 23 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child, the family and the foster family; [ 24 ] ORDERS the police to collaborate to the execution of the enactment; [ 25 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 26 ] THE WHOLE until [...] 2031. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother