2012 QCCQ 13007, 2012 QCCQ 13007

Protection de la jeunesse — 124739 2012 QCCQ 13007 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001290-102 DATE: August 16, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection of A., working in Town A, district A, province of Quebec Applicant v.

A , residing and domiciled in Town A, district A, province of Quebec Mother ______________________________________________________________________ JUDGMENT ( Sections 95(1) and 75 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection is making an application for the review of a decision rendered by the Honourable Marc E. Grimard on January 6, 2012, concerning the child X. [ 2 ] The mother is present and represented by M e Sarah Plamondon.

She agrees with the recommended extension of the placement for a period of four (4) months with reintegration starting immediately. THE FACTS [ 3 ] Between December 13, 2011 and February 12, 2012 the mother regularly attended the meetings with the Social Services. She worked on her parental skills and remained sober. [ 4 ] On March 8, 2012 the mother gave birth. She did not inform the Director of Youth Protection of her whereabouts and so the Youth Protection Worker asked her for a meeting.

It was scheduled for the next day but the mother did not attend. [ 5 ] Since giving birth, she has visited her daughter very irregularly. ANALYSIS [ 6 ] The Review Report prepared by Ms. [social worker 1] recommends maintaining the possibility of reintegrating the child with her mother. She considers the facts that the mother collaborated very well for the first two months of the order.

After this period, the mother gave birth and she stopped all therapies and contacts with the Director of Youth Protection. [ 7 ] Despite the mother’s mitigated collaboration over the last months, the Youth Protection Worker believes that the child should be reintegrated with her mother. This recommendation is based on her improved parenting skills and the steps she took to maintain sobriety. [ 8 ] In the case at bar, the evidence shows that the mother was making good progress at the beginning of the last order. The fact that she gave birth in March interfered with her collaboration.

The mother is ready to collaborate and participate with the Director of Youth Protection to ensure successful reintegration. She is aware of how important it is for the child. [ 9 ] We should be reminded that

section 91.1 of the Youth Protection Act limits the duration of a foster care measure to 18 months for a child between 2 and 5 years of age. According to the law, at the end of this period, the Court must render an order aimed at ensuring continuous care, stable relationships and stable living conditions for the child. [ 10 ] Considering the provision of the law and in light of the previous placement, if reintegration does not succeed, it will be necessary to assess the possibility of a life project for the child’s best interest.

[ 11 ] The Court is of the opinion that reintegrating the child with her mother is possible with the supervision of the Director of Youth Protection and the continuous collaboration of the mother. In the event of a lack of involvement by the mother during the order, the situation would have to be reviewed to ensure the child’s security. [ 12 ] FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] REVIEWS the decision rendered on December 13, 2011 by the Honourable Marc E.

Grimard; [ 15 ] DECLARES the security and development of the child X, born on […], 2007, still compromised; [ 16 ] ORDERS the placement of the child in a foster home for a period of four (4) months with immediate reintegration with the mother; [ 17 ] ORDERS that the mother seek help with the Social Services for her alcohol and drug problems as well as for parenting skills; [ 18 ] ORDERS that a person working for an institution provide aid, counsel and assistance to the mother and her daughter for a period of twelve (12) months; [ 19 ] ORDERS that the mother collaborate and participate in the ordered measures to correct the situation; [ 20 ] ORDERS that the mother ensure that she and all the members of her family or any person be sober whenever the child is present; [ 21 ] ORDERS the police to collaborate in the execution of this order; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ RENÉE LEMOINE, J.Q.C.

M e Yan Massé For the child M e Sarah Plamondon For the mother M e Gabriel Gaudreault For the applicant Date of hearing: June 5, 2012