2013 QCCQ 19714, 2013 QCCQ 19714

Protection de la jeunesse — 138348 2013 QCCQ 19714 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004446-137 DATE: December 4, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 2004 Child DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B (deceased) JC0B11 Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for the revision of a Court decision of June 7, 2013, concerning the child X, born on […], 2004. [ 2 ] The said decision determines that the security and the development of the child are in danger in reason of neglect, resulting notable from the mother's struggles with mental health issues and alcohol dependency. The Court maintains the child in her home environment, while ordering the application of various protective measures for a period of 9 months.

[ 3 ] The Director alleges that a relapse of the mother's alcohol consumption justifies the revision of the measures, in the best interests of the child. As a principal measure, the Director proposes that the child reside in foster care, with the possibility of her gradual integration with her mother during the summer of 2014. [ 4 ] The parties consign their admissions in the Court record and affirm their consent as to the measures. [ 5 ] ANALYSIS AND DECISION [ 6 ] Following the last judgment, the mother mobilizes herself in view of resolving her long-standing alcohol dependency issues.

She commences an addiction rehabilitation program in July 2013. She remains sober and is able to apply strategies to minimize the risks of relapse. The family environment is stable. [ 7 ] X functions well in all spheres of her life and excels in her studies. [ 8 ] In October, the mother relapses. The paternal grandmother takes charge of X on a temporary basis. The Court notes that the extended family takes charge of X on a regular basis, compensating for the mother's difficulties. [ 9 ] A few days later, X tells the worker that she feels unsafe at home and doesn't wish to return.

She confesses being overwhelmed by her mother's situation and to constantly worrying about her. She loves her mother and eventually wishes to return to her care, but only when she can feel secure that her mother has achieved sobriety. [ 10 ] The worker tries to communicate with the mother, who remains unreachable until the following week. The mother admits having had a few drinks, but stresses her that she is abstinent since that time and continues her efforts in this vein.

She recognizes minimizing the degree of her difficulties. [ 11 ] X accepts her integration in a foster home, as her grandmother is unable to ensure her care on a longer basis. On October 10, 2013, the Court orders the provisional placement of the child in foster care. [ 12 ] The parties agree to a

schedule of visits and, to date, no negative issues brought forth. The mother affirms her sobriety since October and is maintaining a strict regimen of meetings with Alcoholics Anonymous. She is seeking to stabilize her personal situation. [ 13 ] Although the mother makes efforts to stabilize her personal situation, the evidence demonstrates that her ongoing struggles with alcohol dependency affect her overall stability and impede her parental capacities. [ 14 ] X requires a safe and secure environment that encourages her development.

The mother's difficulties and her inability to definitely stem her dependency, result in X no longer feeling secure in her family environment. Despite the affection they share, X is able to clearly state her needs and maintains the position that she prefers to remain in foster care for the time being and this, until her mother is better.

This element reinforces the evidence as to the child's distress and further justifies the conclusion that this situation is no longer compatible with the needs of a young child. [ 15 ] The evidence convinces the Court that the best interests of the child dictate the revision of the measures and her entrustment in foster care.

In this milieu, she benefits from an environment, which shields her from the instability of her family environment, while permitting both X and her mother, to concentrate on the positive elements of their relationship, as well as address their individual needs. [ 16 ] As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the child. [ 17 ] FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child are still in danger; [ 20 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a Child and Youth Protection Centre until August 30, 2014; [ 21 ] PERMITS the gradual reintegration of the child to her maternal environment as of June 30, 2014; [ 22 ] ORDERS that the contacts between the child and her mother be upon agreement of the parties; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her mother for a period of one year; [ 24 ] ORDERS that the mother reports periodically to the Director of Youth Protection on the measures she applies in her own regard or her child's regard to put an end to the situation in which the security or development of the child are in danger; [ 25 ] ORDERS that the child and her mother take an active

part in the application of the measures ordered; [ 26 ] RECOMMENDS that the mother continue her follow-up in regard to her alcohol consumption problem; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures;

__________________________________ BEATRICE CLEMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: December 4, 2013