2012 QCCQ 13591, 2012 QCCQ 13591

Protection de la jeunesse — 124888 2012 QCCQ 13591 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000356-102 DATE: May 4, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born [ … ], 2007 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in Town A Applicant v.

A , residing and detained in Town A, district A, province of Quebec Mother and B , unknown address in Town B, province of Quebec Father ______________________________________________________________________ JUDGMENT ( Sections 95 and 75 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Court is seized of a motion to review the situation of the child X, born […], 2007. [ 2 ] At the hearing, the mother is present and represented by Me Marie-Claude Degagné.

The father is absent, he is not involved in his daughter’s life. [ 3 ] The evidence in support of the review is based on admissions by the mother, the testimony of the Social Worker and the Review Report filed under D-2. II – THE FACTS [ 4 ] The mother was released from detention on September 13, 2011. [ 5 ] She offered very irregular collaboration over the last six (6) months. [ 6 ] Between September and November, the police had to intervene on several occasions with the mother. On November 17, 2011, she received a sentence of 3 months and 12 days.

She was detained at the [Detention Centre A] until January 25, 2012. After the mother was released from the detention centre, she did not inform the Director of Youth Protection she was back in Town A and did not request to see her daughter. [ 7 ] On February 3, 2012, the Social Worker spoke with the father, and he stated that he did not want to be involved in his daughter’s life. [ 8 ] On October 27, 2011, the child's foster family decided not to foster her on a long-term period. The next day, Mrs. C informed the Social Worker that she was very interested in taking care of the child on the long term.

She had fostered the child in the past and continued to see her on a regular basis. [ 9 ] In November 2011, integration into the new foster family was gradually implemented and was completed on January 4, 2012. The child reacted positively to the change and did not show any reactions during the transition. III – MEASURES TO BE REVIEWED [ 10 ] The child is very sensitive to changes in her environment. In fact, in the last six (6) months, her reaction was directly related to the presence or not of stability in her life. As it was mentioned in the last Court judgment, the child needs a secure and stable environment.

[ 11 ] Considering the mother’s instability and the fact that she is still struggling with the same personal issues, the Court believes that it is important to make an order aimed at ensuring continuity of care, stable relationship and stable living conditions for the child on a permanent basis, as it is mentioned in

section 91.1 of the Youth Protection Act . [ 12 ] Based on the fact that the child integrated the foster family of Mrs. and Mr. C only in January 2012, it is necessary to extend the placement for another six (6) months to assess this specific life project. [ 13 ] FOR THESE MOTIVES, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] ORDERS the placement of X, born […], 2007 for a period of six (6) months in a foster family; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to X and her mother for a period of six (6) months; [ 17 ] ORDERS that the mother take an active

part in the application of the measures ordered by the Court; [ 18 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the contacts between the child and her mother be supervised by the Director of Youth Protection as to the terms and conditions and that they be otherwise supervised by a third party; [ 20 ] ORDERS that the mother attend a treatment program for her personal issues; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Mathieu Brassard For the child Me Marianne Bourget-Gagnon For the applicant Me Marie-Claude Degagné For the mother Date of hearing: Town A, February 21, 2012