2013 QCCQ 8638, 2013 QCCQ 8638

Protection de la jeunesse — 132022 2013 QCCQ 8638 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC[…] DISTRICT OF [...] "Youth Division" No: 145-41-000408-127 DATE: May 13, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X , born […] , 2002 Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Y and X were entrusted to their father in 2007.

They remained there until Mr. B passed away in the summer of 2009. Afterwards, they went living with members of their paternal extended family. [ 2 ] The two boys were entrusted back to their mother, in December 2010 and they remained with her until May of last year.

At that time, they were removed from home again and entrusted to foster families. [ 3 ] On September 27, 2012, the Court grants the petition for protection concerning the two boys and orders that they remain in foster care until the end of May of this year. [ 4 ] The director of youth protection (DYP) is now asking to extend that order, until both children reach their majority. The mother agrees with the recommendations and so does the children's counsel. [ 5 ] The mother has to deal with a long history of trauma, abuse and addiction problems. She has been abusing prescribed medication for many years.

Her five children were entrusted to foster families. Two of them are already placed until their age of majority. [ 6 ] The mother has a new partner and she is currently pregnant. [ 7 ] Since last fall, the mother moved to [Province A], for a short period of time and then back and forth from Town A to Town B . She did not see her sons between July and the end of November.

[ 8 ] At the moment, the mother meets with her sons about once every three weeks. When they meet, the mother's attitude is appropriate and visits are pleasant for her children. They enjoy seeing their mom, they love her, but they are aware of the fact that she can't take care of them on a daily basis. [ 9 ] The children are happy with their respective foster families. They already knew those people who are part of their extended family, on the father's side. There is a very close bound between the children and the foster families. Both foster families are committed to take care of the boys, as long as necessary.

They feel like they are part of their family and they treat them accordingly. [ 10 ] The two boys live in the same small community and attend the same school. They do well in school and show no serious behavioural problems. [ 11 ] The mother has received help for many years without lasting changes. [ 12 ] It is time for her children to benefit from a life project. Fortunately, they found elsewhere, the security and stability that their mother can't provide. [ 13 ] The petition is well founded and in the best interest of those children.

WHEREFORE, THE COURT: [ 14 ] GRANTS the present petition; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act; [ 16 ] REVISES AND EXTENDS the court order rendered on September 27, 2012; [ 17 ] ORDERS that X be entrusted to a foster family designated by the director of youth protection until [...], 2020 (date of his majority); [ 18 ] ACKNOWLEDGES the director's choice and ORDERS that the foster family be the one of C and D; [ 19 ] ORDERS that visits between X and his mother be supervised for as long as deemed necessary by the director of youth protection; [ 20 ] ORDERS that the mother refrain from using any drugs and/or alcohol in the presence of her child, unless validly prescribed to her and in accordance with the prescription; [ 21 ] WITHDRAWS from the mother the exercise of her parental authority with regard to the authorizations to be given concerning routine or urgent health services, social, academic, extracurricular activities and to obtain a passport, a social insurance card, a driver's license or concerning any other required authorization and DELEGATES such authority to the director of youth protection of the Centre jeunesse A in concert with the foster family; [ 22 ] RECOMMENDS that the mother involve herself in counselling in order to deal with her personal issues; [ 23 ] RECOMMENDS that the mother participate actively in all the measures proposed by the director of youth protection; [ 24 ] ORDERS than a person working for an establishment or an organism provide aid, counsel and assistance to X and his family until [...], 2020 (date of his majority); [ 25 ] ENTRUSTS the situation of X to the director of youth protection of the Centre jeunesse A for the carrying out of the present order. __________________________________ JANICK POIRIER, J.Q.C.

ME LOUYSE A. LEMIEUX for the petitioner

ME FLORENCE FRAPPIER-ROUTHIER for the child ME STÉPHANIE CARRIER for the mother Date of hearing: May 8, 2013