2013 QCCQ 14410, 2013 QCCQ 14410

Protection de la jeunesse — 135025 2013 QCCQ 14410 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 145-41-000381-118 DATE: October 2, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.Q.C. ______________________________________________________________________ A, Petitioner and X , born on […] 2009 Child and B Mother and C Father ______________________________________________________________________ JP2122 JUDGMENT ______________________________________________________________________ [ 1 ] The child, who is almost four years old, is entrusted to her maternal grandmother since January 2011.

Her older half-sister also resides there. [ 2 ] For years, the parents have struggled with substance abuse issues. They had a chaotic relationship until they separated more than one year ago.

[ 3 ] Last February, Justice Paradis extended previous measures and ordered that the child remain with the grandmother for several months. [ 4 ] The director of youth protection now asks the Court to order that the child remain with her grandmother until she reaches her majority. [ 5 ] The evidence reveals that the child evolves normally and that her needs are met at her grandmother's. [ 6 ] The father missed several scheduled visits with his daughter and has put an early end to others.

He blames it on the child's temper, but refused to receive help to improve his parental abilities. [ 7 ] The father is not present at the hearing but his lawyer informs the Court that her client agrees with the suggested measures. [ 8 ] Even though she lives in the same community as her daughter, the mother is not always consistent in regards with visits. Sometimes, she shows up late for scheduled contacts. Furthermore, the grandmother had to cancel visits because the mother appeared to be under the influence. [ 9 ] The mother is under a methadone program and she still has to deal with personal issues.

She wishes to remain involved in her daughter's life, but admits she cannot take care of her on a full time basis. She agrees that her child will remain with her grandmother for many years to come. However, she still hopes that her own situation will change and she could have her daughter with her, in a hypothetical future. According to the psychologist who assessed her, the mother's parental capacities are quite limited and she would have difficulty adequately looking after her child's needs. [ 10 ] The child has developed a strong bonding with her grandparents.

Moreover, they are committed to take care of her, on the long term. [ 11 ] Both parents had the opportunity to receive help in order to solve their problems, for the last few years. Neither of them was able to do it, up to now. The child cannot wait any longer. It is time to foresee her future and to put in place a life project. Fortunately, she can rely on her grandmother as a caretaker. [ 12 ] The evidence reveals it is in the child's best interest that she be entrusted to her grandmother until her age of majority.

THEREFORE, THE COURT: [ 13 ] GRANTS the present petition for revision and extension of order; [ 14 ] 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; [ 15 ] ORDERS that X be entrusted to her maternal grandmother, A, until […], 2027; [ 16 ] ORDERS that contacts between the parents and X take place upon agreement between the parties; [ 17 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child X and her family until […], 2027 (date of her majority); [ 18 ] ENTRUSTS the situation of the child X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.Q.C. ME LOUYSE A. LEMIEUX for the petitioner

ME STÉPHANIE CARRIER for the child ME FLORENCE FRAPPIER-ROUTHIER for the father B the mother Written judgment filed on October 8, 2013