2012 QCCQ 17274, 2012 QCCQ 17274

Protection de la jeunesse — 126806 2012 QCCQ 17274 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] CITY OF [...] « Youth Division »

N os : 640-41-001331-104 640-41-001330-106 640-41-001332-102 DATE: May 23, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN X Born on […], 2008 Y Born on […], 2006 Z Born on […], 2000 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], persons duly authorized by the Director of Youth Protection A., working in City A (Quebec), district A; Petitioner -and- A , residing and domiciled in CityA (Quebec) district A; Mother -and- B , (deceased); Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on November 8, 2011 by Justice Jean-Pierre Gervais in which he entrusted the children to a foster family for a period of six (6) months allowing the reintegration with their mother according to the evolution of the situation. [ 2 ] Today, the Director asks the Court to entrust Z and Y to a foster family for an additional period of six (6) months in order to complete the elaboration of a life plan for them.

For X, the Director recommends that she be entrusted to a foster family until her majority. [ 3 ] At the hearing, attorneys for the mother and the children agree with the recommendations. However, the mother says she disagrees with X's placement until majority. Update of the situation since November 8, 2011 [ 4 ] There is no change in the mother's situation. The mother still drinks alcohol in an abusive manner. She does not visit her children and she criticises the foster families. [ 5 ] In April 2012, the mother was arrested for assaulting a police officer because he was arresting her boyfriend who was driving

while drunk. The day after, she was accused of failing to appear in Court and was medivaced because she was kicked in the face during an altercation. [ 6 ] The mother does not collaborate with the Director. [ 7 ] When the mother is drunk, she does not realize that her actions are detrimental to her children's well-being. [ 8 ] For instance on January 20, 2012, the mother was drunk and went to Y's foster family and left with him without saying anything to the foster parents. The foster parents called the police, as they were unable to locate the mother and find the child.

The mother came back with Y two days later without giving any explanation. [ 9 ] On February 23, X was brought to her mother for a visit. The social worker made an unannounced visit to ensure the mother was sober during the visit. Upon the social worker's arrival, X was found in a house smelling marijuana. The mother was intoxicated: saliva was dripping from her mouth, mucus running from her nose, her hair messy, her eyes glassy and incapable of walking properly. Her boyfriend was in a similar state and X was crying. [ 10 ] X told the social worker, she wanted to go back to "C" (C, the foster family).

The mother then stumbled, grabbed the child and started kissing her and crying. The mother would not let her go and the social worker had to physically remove the child from the mother's embrace. When the social worker left home, X said that her mother had bitten her. She had a bruise on her cheek and forehead. [ 11 ] It took time for the foster home to calm X down. [ 12 ] From now on, visits between the mother and the children will be supervised. [ 13 ] After three Court orders trying to help the mother become a responsible mother for her children, nothing has changed. [ 14 ] Z is 11 years old and in grade six.

She is doing well in school. She has been living with her grandmother since October 2010. She is safe and stable there. She keeps contact with her mother by " Facebook ", at her home and in the community at times. [ 15 ] The social worker asks for an additional placement of six (6) months to evaluate the life plan for Z. One of the reasons is to work on Z's acceptance of her mother's limited capacity. Today, Z heard her mother testifying that she wanted to go to treatment and solve her drinking problem. Z seems to still be hoping.

The next six (6) months will tell if her mother can put words into actions. [ 16 ] As for Y, he is six years old and in a kindergarten. He is a boy of good behavior. Ychanged foster families three times in the last months. [ 17 ] On January 23, 2012, he integrated the foster family of Mrs. D. He really likes it there and the social worker testifies that he is attached to Mrs. D already. Unfortunately, recently there was an episode of conjugal violence in the foster family. Mrs. D is uncertain now to be able to keep Y until his majority.

The next six (6) months will allow the Director to better evaluate the options. [ 18 ] As for X, she will be four years old in June. She lives in a A foster home composed of two social workers that have been involved in her file in the past. She has been living with them since October 19, 2012. The attachment between them is reciprocal. X likes to live with «C and E». [ 19 ] The foster father testified to confirm to the Court that the couple is ready to keep X until her majority. He also said that they would encourage X to see her mother as long as she brings a positive contribution.

As for maintaining contacts between siblings, the foster family has already organized activities between them and intends to continue to do so. [ 20 ] The foster parents intend to work up north for a few years. In anticipation of the moment when they will move back down south, they have already registered with the A group in City B to make sure X keeps a bond with her community members and her culture.

Applicable measures [ 21 ] For Z and X, the life plan is progressing but it is not already settled. [ 22 ] The mother, if she is serious about solving her drinking problem, could still be an option for the children. However, the prognosis is very reserved as in the past the mother has showed very little capacity to change. [ 23 ] In X's situation, it is different. X has found a foster family where she already nested. She is well integrated with «C and E» and feels with them the security and comfort she needs.

The recent contact with her mother was very negative. [ 24 ] For her, the Court believes that it is time to reassure her as who is going to take care of her in the future. [ 25 ] For all these reasons, the Court believes that the recommendations of the Director are in the best interest of the children.

THEREFORE, THE COURT: GRANTS the present motion; REVISES the Court decision rendered on November 8, 2011 by Justice Jean-Pierre Gervais; DECLARES that the security and development of X, Y and Z are still in danger; ORDERS that Y and Z be entrusted to a foster home for a period of six (6) months, during which time a life plan will be decided;

ORDERS that X be entrusted to a foster home, specifically the foster home of E and C, until the age of majority; ORDERS that contacts between the children and their mother be supervised by the Director of Youth Protection as to frequency, conditions and duration; ORDERS that the mother remain sober when she is in the presence of the children; ENCOURAGES the contacts between the siblings; ORDERS that the mother seek help for her personal issues and her alcohol consumption; ENCOURAGES the mother to go to therapy; ORDERS that the Director of Youth Protection be authorized to sign medical, school and travel requests if the mother cannot be located; ORDERS that aid, counsel and assistance be provided to Y , Z and their mother for a period of six (6) months ; ORDERS that aid, counsel and assistance be provided to X and her mother until the age of majority , that is […], 2026 ; ENTRUSTS the situation of X, Y and Z to the Director of Youth Protection A. for the execution of this order; ORDERS that the police collaborate in the execution of this order. __________________________________ LISE GAGNON, J.Q.C.

M e Gabriel Gaudreault Attorney for the D.Y.P. M e Jean-Francis Bonnette Attorney for the children M e Sarah Plamondon Attorney for the mother Date of hearing: May 23, 2012