2011 QCCQ 14269, 2011 QCCQ 14269

Protection de la jeunesse — 115105 2011 QCCQ 14269 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 605-41-000588-095 DATE: October 17, 2011 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.Q.C. ______________________________________________________________________ [INTERVENANTE 1], Social Worker, duly authorized by the Director of Youth Protection of the Centre jeunesse A PETITIONER and X Born on [...], 1995 YOUTH and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents a motion seeking the review and the extension of a decision rendered on March 1 st 2011. [ 2 ] The parties submitted a draft agreement on measures to put an end to the situation that endangers the security and the development of X. [ 3 ] The father is not present.

He is fully aware of the motion presented to the Court today. He clearly stated to the mother's counsel that he wouldn't come to Court. [ 4 ] All parties are represented by counsel. [ 5 ] The mother and the youth acknowledge the facts that endanger the security and development of X. Those facts are as follows:

a) During a certain period, the youth's behaviours had improved but after a few months the situation deteriorated;

b) Because of her behaviours, the youth was entrusted to a rehabilitation centre for a period of 48 hours and was transferred afterwards in a foster family in town A;

c) Since then, the youth's situation has progressed a lot;

d) Since she is in town A, the youth has maintained contacts with her sister Y;

e) Since about April 26 th 2011, the mother is undergoing a therapy in a treatment center for the consumption problem;

f) At the end of her therapy, the mother wishes to stay in town B;

g) The father's situation has not evolved;

h) Since the decision rendered on or about March 21 st 2011, the mother has mobilized herself in order to get her child back;

i) On or about May 23, 2011, the mother has integrated le Centre de réadaptation A, therapy that she rigorously follows;

j) In fact, the mother has always respected the instructions and followed the rules at the Centre de réadaptation A;

k) The mother stopped her consumption of alcohol;

l) The mother is regularly in touch with the foster homes to get news about her children;

m) It seems, that the mother is now able to step back and she reorganised herself;

n) On June 20, 2011, the mother received training to become a coordinator, the highest position in the structure of the Center;

o) The mother received the visit of her children at Le Centre the réadaptation A and it was a great experience for all of them;

p) As of August 11, 2011, the mother had two (2) authorized exits (sic) without supervision of Le Centre de réadaptation A and didn't have alcohol relapse:

q) During these exits (sic), the mother saw her children and they visited her at he apartment in town C;

r) The youth X slept at the mother's home;

s) The mother will complete her therapy on October 26, 2011, after six (6) months of treatment;

t) The youth X wants to live with her mother after her therapy;

u) The mother knows that she must have a stable life and maintain her achievements to bring back her children with her;

v) The situation of the mother has evolved but the mother must prove that she can maintain what she has acquired. [ 6 ] The measures proposed and agreed upon are the following: 3.1 That the security and development is (sic) maintained as compromised; 3.2 Aid, counsel and assistance for a period of six (6) months; 3.3 Aid, counsel and assistance for the same period for the father if he demands; 3.4 That the youth be entrusted to a foster family for a period of six (6) months with progressive reinsertion at her mother's place; 3.5 That the contacts between the youth and the mother be supervised by the D.Y.P. as to the frequency and modalities until the end of the mother's therapy; 3.6 At the end of her therapy, that the frequency be established at a minimum of one (1) day per week and the modalities be supervised by the D.Y.P. if the situation of the mother maintained itself; 3.7 That the contacts between the two (2) sisters be favorized (sic); 3.8 That the mother remains sober; 3.9 That the situation of the youth be entrusted to the D.Y.P. [ 7 ] The Court is of the opinion that these measures are likely to put an end to the situation that endangers the safety and development of X.

These measures are in the best interest of the youth and respect her rights. [ 8 ] For theses motives, the Court: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X, born on [...], 1995, are still endangered; [ 11 ] RATIFIES the agreement and ORDERS the implementation of these measures, namely: [ 12 ] That aid, counsel and assistance be provided to X and her mother for a period of six (6) months; [ 13 ] That aid, counsel and assistance be provided to the father if he expressly requests such services; [ 14 ] That X be placed in a foster family for a period of six (6) months with a progressive reintegration at her mother's place; [ 15 ] That the contact between X and her mother be supervised by the Director of Youth Protection relating to the frequency and the modalities until the end of the mother's therapy; [ 16 ] Following the end of the mother's therapy, that the access rights between X and her mother be established at a minimum of one (1) day per week, the modalities to be supervised by the Director of Youth Protection as long as the mother maintains her new lifestyle; [ 17 ] That the contact between X and her young sister be favoured; [ 18 ] T hat the mother remains sober; [ 19 ] That any police force to collaborate with the execution of the court orders if requested to do so by the Director of Youth

Protection or its representatives; [ 20 ] That the youth's situation be entrusted to the Director of Youth Protection who shall see that the measures ordered be carried out. __________________________________ LUCILLE CHABOT, J.Q.C. M e Marie-Michèle Boulanger Lawyer for the petitioner M e Caroline Veillette-Jackson Lawyer for the youth M e Julie Auger Lawyer for the mother Date of hearing: September 28, 2011