2011 QCCQ 6035, 2011 QCCQ 6035

Protection de la jeunesse — 11351 2011 QCCQ 6035 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] « Youth Chamber »

DATE : January 26, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 635-41-000241-080 X 2003-[…] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, Quebec, district A Applicant And A, detained in institution A, Quebec , district A Mother ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection A, asks the Court to review the last judgment rendered by the undersigned on December 15, 2009 concerning X, 7 years old. She asks for the placement of the child X in the same foster family until her majority and supervised contacts with her mother. [ 2 ] At the hearing, the mother is absent, but represented by Me Marie-Claude De Gagné.

The child is represented by Me Denis Trottier and Me Robert-André represents the petitioner. [ 3 ] In the last judgment, the Court mentioned that because the mother and her family make it very difficult for X to evolve in the foster family, she would be transferred again and all the information concerning the foster family would be kept secret. The child lives now in a foster family in another community and the information were not reveal to the family. [ 4 ] Today, the mother is in a halfway house, still serving her sentence.

She will be back in her community in seven months. [ 5 ] The evidence reveals that the child is well adapted in her foster family and she evolves very well. The medical evaluation of Dr Larose, pedopsychiatrist, is filed. She is attached to the foster mother. She did not see her mother over the year nor had verbal contact.

Only letters and pictures are shared with the mother by the social worker. [ 6 ] Considering that the mother is still detained and cannot assist to the hearing, [ 7 ] Considering the personal problems of the mother and the necessity to ensure that she understand well the request and the evidence, [ 8 ] Considering that the child's security and stability are ensured in her foster family, the Court accepts the draft agreement for a period of seven months. [ 9 ] The parties admit the following allegations :

9.1. Following the last Court order, the child had to be transferred again as the foster home was being harass by relatives of the mother; 9.2. Finally, on January 18, 2010, the child was moved to a new foster home; 9.3. As of today, the child remained in the same foster home and she is doing very well; 9.4. After one month with this foster home, the pedopsychiatrist saw improvement in the child's situation; 9.5. The child's behaviour has improved; 9.6. The mother is still detained and should be back in her community on or around June 2011; 9.7. The child has created a bound with her foster mother; 9.8.

The foster mother is willing to foster the child on a long-term basis. [ 10 ] The parties agree to the following measures : 10.1. That X remain in foster care for a period of seven months; 10.2. That the child receive specific health care and health services when needed; 10.3. That the contacts between the mother and the child be supervised and granted by the Director of Youth Protection as for the frequency and modalities; 10.4. That the child foster home address and phone number remain confidential; 10.5.

That a person working for an institution of body provide aid, counsel and assistance to the child and the mother. [ 11 ] CONSEQUENTLY, THE COURT : [ 12 ] GRANTS the petition; [ 13 ] DECLARES that the security and development of X are still in danger; [ 14 ] ORDERS the placement of X in a foster family for a period of seven months; [ 15 ] ORDERS the Director of Youth Protection to provide her all the specific health care and services needed; [ 16 ] ORDERS the Director of Youth Protection to supervise and grant the contacts between the child and her mother as for the frequency and modalities; [ 17 ] ORDERS that the child foster home address, name and phone number remain confidential; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her mother for a period of seven months; [ 19 ] WITHDRAWS from the mother certain attributes of parental authority concerning medical, social and school issues and GRANTS them to Director of Youth Protection; [ 20 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 21 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the applicant Me Marie-Claude De Gagné, attorney for the mother Me Denis Trottier, attorney for the child Date of hearing : December 14, 2010