2011 QCCQ 9309, 2011 QCCQ 9309

Protection de la jeunesse — 112753 2011 QCCQ 9309 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 635-41-000293-099 DATE: June 30, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the director of Youth Protection A […], working in town A Petitioner and X , residing and domiciled in town A, province of Québec, district A Child and A, residing and domiciled in town A, province of Québec, district A Mother ______________________________________________________________________ JUDGMENT

Section 95 and 75 , Youth Protection Act, R.S.Q., c. P-34.1 ______________________________________________________________________ [ 1 ] The director of Youth Protection asked the Court to review the decision rendered on January 25, 2011, by judge Nancy McKenna, in the situation of X, born on […], 2000. She was entrusted to a specialized foster family for a period of six months and different measures of help were ordered for a period of nine months. [ 2 ] The applicant now recommends that child be maintained in a specialized foster family until she reaches her majority.

The child is not present at the hearing but she is represented; her counsel cannot make any admissions, but agrees with the recommendations. The mother is present and represented; she admits all the allegations and agrees with the recommendations. [ 3 ] In April, and again in June 2009, Youth Protection received a report stating that the security and the development of the child were in danger.

She had severe behaviour problems, at one point she was inviting sexual flirtation with complete strangers, she would have declared been sexually touched by a man and her mother would have entrusted her to her own mother suffering from the Alzheimer disease. The mother never took any measures to try to correct her child’s outbursts and behaviour and to assure her security. Since then, the child is entrusted to foster care. [ 4 ] She came to visit her mother during Christmas vacation. She became very tire, stating that she did not sleep a lot because her mother was consuming alcohol in her presence.

Her mother would of asked her to participate in an exchange of massages with an unidentified man. During this visit, the child chose to spent time with her aunt and cousins rather than with her mother. When returning to her foster family, she was very angry at her mother and the return to the routine was also very demanding for her. [ 5 ] The mother did not improve her situation since the last judgment. She continues to consume alcohol and still has suicidal thoughts. She did not attend any treatment regarding her alcohol problem.

She does not respect her commitments towards her child, notably phone calls each week. [ 6 ] The child is doing much better since she evolves in her actual foster family. Before her placement in a foster home participating in the A Program, she was going from one foster home to another. She is presently in a secure environment and receives the professional help requested by her situation. She is opening up and talking much more. She talks about the violence inflicted by her mother, the rejection of her spouse’s mother, the neglect and the sexual abuse.

She can still be impulsive and may become physically disorganized when she is in crisis. She still needs help to restore her self-esteem and self-confidence. [ 7 ] The child has gone through a lot in her short life and her mother never took any steps for her to be in a secure environment and to promote her development. The maximum placement deadlines are met and the life project now define for her corresponds very well to her needs and her particular reality.

The foster family accepts her unconditionally and the relation between them is growing and solidifying. [ 8 ] Considering the admissions, the testimonies and the revision report, the Court considers that it is in the best interest of this

child and the respect of her rights to order the measures recommended. THEREFORE, THE COURT: GRANTS the petition; MAINTAINS that the situation of X, born on […], 2000, is still compromised; REVISES the decision rendered on January 25, 2011; ENTRUSTS the child to a specialized foster family until she reaches her majority and recommends that it be in the one of Mrs. B; ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, her family and the foster family; ORDERS that the mother take an active

part in the application of any of the measures ordered; ORDERS that the mother report on a regular basis in person to the director of Youth protection to inform him of the measures she applies in her regard to put an end to the situation that endangered her child’s security and development; PROLONGS all the measures previously ordered that still apply; ENTRUSTS the child's situation to the director who shall see that the measures are carried out; ORDERS any peace officer to collaborate in the execution of this enactment, if requested. __________________________________ MARC E. GRIMARD, J.C.Q.

M e Stéphanie Lachance Counsel for the applicant M e Denis Trottier Counsel for the child M e Marie-Claude De Gagné Counsel for the mother Date of hearing: June 7, 2011