2010 QCCQ 20191, 2010 QCCQ 20191

Protection de la jeunesse — 107323 2010 QCCQ 20191 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 145-41-000367-109 DATE: December 6, 2010 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of youth protection intends to present to this Court a petition for protection purpose in respect of X (1994-[...]) pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petitioner's lawyer asks that the hearing be postponed to January 10, 2011, as the case is not ready to proceed.

Moreover, the petition was not served to the father within the legal delay. [ 3 ] The adolescent and his mother agree with the postponement. [ 4 ] The petitioner's lawyer presents a verbal petition for provisory measures so that X be entrusted to his maternal grandmother. [ 5 ] The adolescent agrees and the mother does not agree.

[ 6 ] The father wrote a letter in which he alleges that he was denied access to his son since his birth but did support his child financially. [ 7 ] He ends the letter as follow : "I do want to express that I will trust the decision of the experts working with this case, as long as it is with X best interest for his development and well being.

I also feel that the wishes of X be respected if he wants to be placed with his biological grandmother." [ 8 ] The Court heard the testimony of the mother and the petitioner, and also considered the lawyer's pleadings. [ 9 ] CONSIDERING that this hearing is about a short period of placement ; [ 10 ] CONSIDERING that the mother already accepted that her son had several outings at his grandmother's which went well ; [ 11 ] CONSIDERING that the relationship between X and his grandmother is good ; [ 12 ] CONSIDERING that the grandmother can help his grandson at the present time even if she admitted to Mrs [Social Worker 1] not having been a good mother but being on an healing process since many years ; [ 13 ] CONSIDERING that the long-lasting conflict (strained relationship) between the mother and the grandmother should not interfere with the adolescent's interest and well-being ; [ 14 ] CONSIDERING that, unfortunately, the relationship between X and his mother is already deteriorated to a point that they admit they can not live together ; [ 15 ] CONSIDERING that this hearing and decision must be oriented in regards with the adolescent's needs and interest, and not to save the family ; [ 16 ] CONSIDERING that

section 4 of the Youth Protection Act puts the emphasis on maintaining children, if possible, within their familial environment ; [ 17 ] CONSIDERING the petitioner's testimony ; [ 18 ] CONSIDERING that the grandmother is evaluated positively as a foster family by the Center A and the Director of youth protection ; [ 19 ] CONSIDERING that the choice of the foster family, according to the law, is the exclusive responsibility of the Director of youth protection and that the Court has no sufficient and reasonable grounds to recommend not to choose this particular foster family, a recommendation that the Director of youth protection would not be obliged to follow anyway ; WHEREFORE, THE COURT : [ 20 ] SETS the hearing of the petition for protection purpose on January 10, 2011, at 9h30 at the A Court House ;

AND, AS PROVISORY MEASURES : [ 21 ] ORDERS that X be entrusted with a foster family and TAKES NOTICE that the choice of the Director of youth protection, at the present time, is the one of the maternal grandmother, Mrs C, but at the condition that D and E are not living there and especially that they are not on the property or outbuildings when X is present at his grandmother's home ; [ 22 ] ORDERS that there is no talking or discussions between X and his grandmother about Mrs A, the legal proceedings or the place X will reside after the next hearing ; [ 23 ] ORDERS that X has no contacts with D and E ; [ 24 ] ORDERS that the contacts between X and his mother be previously authorized by the Director of youth protection who will set their modalities in agreement with the mother ; [ 25 ] ORDERS that the Director of youth protection's representatives maintain a close supervision of the whole situation including frequent and without prior notice visits at the grandmother's home when X is presumably present there ; [ 26 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X, his mother and his grandmother ; [ 27 ] ORDERS that the Director of youth protection remits to Mrs C a copy of the conclusions of this judgment ; [ 28 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A for the carrying out of the present provisory measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Janick Poirier, for the petitioner Me Daniel Mill, for the adolescent Me Andrée Rioux, for the mother Mr B, the father (absent)