2012 QCCQ 16622, 2012 QCCQ 16622

Protection de la jeunesse — 125640 2012 QCCQ 16622 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N° : 145-41-000413-127 DATE : September 6, 2012 ______________________________________________________________________ THE HONOURABLE HERMINA POPESCU J.C.Q.

PRESIDING ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Petitioner and X (born on [...], 2009) Child et A Mother B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The child has a half brother who is now 5 years old on her mother's side. Her mother had her son when she was quite young.

She did not really lived with her son's father, rather started living with her child's father when her son was quite young. [ 2 ] Due to domestic violence, her son now lives with his father. [ 3 ] The child's parents had an unstable living environment and a volatile relationship. Her father has substance abuse issues and has not enrolled in any substance abuse program. [ 4 ] As her parents lived at that time in [Province A], the child was placed, in June 2011 in a foster family in the judicial district A, following a Court order to the Queen's Bench of [Province A].

At that time, the mother has a post partum depression. [ 5 ] The mother moved to City A in December 2011 and the parents signed, in December 2011, an agreement on voluntary measures therefore recognizing that the security and development of the child are endangered by their relationship and the father's substance abuse issues. [ 6 ] Her mother has emotional issues and in January 2012 she tried to commit suicide. [ 7 ] The father did not see his child for a long time ago, and he did not try to get in touch with her.

He did not get involved in the services offered by the Petitioner. [ 8 ] The child still lives in a foster family. [ 9 ] Starting April 2012, the mother's involvement improved greatly. She did get an assessment by a psychologist of her parental abilities, she started a personal follow-up at CLSC regarding her emotional state and psychosocial situation, even if she was not assiduous in these meetings. [ 10 ] She respected the visitation schedules with her child. She has a significant and affectionate relationship with the child. The child is always happy to see her mother.

The mother's living environment is appropriate and clean. The mother prioritizes the child's well being during the contacts. She is also trying to stimulate her in an appropriate manner. [ 11 ] Of course, the mother's situation is not perfect, as she does not seem to trust entirely the social workers and therefore is not fully transparent with them. However, her situation improved and she wishes to have her daughter back. She is willing to continue cooperating with the social workers.

[ 12 ] Even if the mother has the appropriate parental abilities, she has to assume quite quickly her parental responsibilities, for example taking appointments required by the child's health. She will have to make sure to be functional when the child will be entrusted to her and to be able to offer a safe and healthy living environment and to respond to her child's needs, both physical and emotional.

THEREFORE THE COURT : [ 13 ] DECLARES that the security and the development of X are considered to be in danger; [ 14 ] ORDERS that the child be entrusted to a foster family designated by the Director of Youth Protection until November 6, 2012 and after, that she be entrusted to her mother until March 31, 2013 ; [ 15 ] ORDERS that the child continues to have regular contacts with the mother, including several sleepovers, in the goal of a gradual reintegration until November 6, 2012; [ 16 ] ORDERS that the contacts between the child and her mother be planned by the Director of Youth Protection; [ 17 ] ORDERS that the contacts between the child and her father, be supervised and planned by the director of Youth Protection; [ 18 ] ORDERS that the parents actively participate in the application of the measures proposed by the Director of Youth Protection; [ 19 ] RECOMMENDS that the mother actively participate in a psychosocial follow-up as long as deemed necessary by the therapist; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her parents until March 31, 2013 ; [ 21 ] ENTRUSTS the situation of the child to the director of Youth Protection of the Centre Jeunesse A for the carrying out of the present measures. _______________________ Hermina Popescu J.C.Q.

Me Louyse-Andrée Lemieux PARADIS, SMITH & LEMIEUX Attorney for the Petitioner Me Andrée Rioux Attorney for the child Date of hearing : September 6, 2012 Filed on : September 17, 2012