2010 QCCQ 17699, 2010 QCCQ 17699

Protection de la jeunesse — 106699 2010 QCCQ 17699 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Division »

N°.: 450-41-000537-978 DATE : April 26 th , 2010 ______________________________________________________________________ IN THE PRESENCE OF : THE HONOURABLE MICHEL DURAND, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE YOUTH : x Date of birth : […], 1993 _______________________________ [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the Centre jeunesse A working at […], city A, district A; Declarer And A, deceased and B , […], city B, province of Quebec, […], district A; Parents of the youth And LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , […], city A, province of Quebec, district A; ________________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is presented with a motion for revision of the decision rendered on February 20, 2002 whereby this child was

[ 1 ] The Court is presented with a motion for revision of the decision rendered on February 20, 2002 whereby this child was entrusted with her father until her majority, […], 2011. [ 2 ] It is difficult to summerize more efficiently the new facts occurred since 8 years than counsel for the Director of Youth Protection has already did in her following allegations. « 4 […]

a) X continued to reside with her father, maternal grand-mother Mrs C and brother Y in the family home;

b) X underwent a surgery for her legs in July 2002 and received all the necessary therapies and follow-ups. Regular medical follow-ups for her cerebral palsy have occurred each year and doctors note that X has made tremendous progress and that she is doing fine;

c) X attended A Elementary grade school and integrated high school at B in the fall of 2005. She succeeds academically and functions well in her school environment;

d) X remains an active teenager despite some limitations of mobility and has taken

part in school activities, summer camps and, in the last few years, involved in the local cadets;

e) The relationship between the mother, Mrs B, and Mr A and Mrs C remained very conflictual, often leaving the children feeling very torn;

f) Supervised contacts with the mother and child were maintained until February of 2007, at which time X and her brother both requested that they be stopped. Workers have met with X regularly to discuss visitations with her mother. However, she has not wanted to have contacts with her mother;

g) In 2007, Mrs C was diagnosed with cancer and she passed away in February of 2008;

h) In july 2008, the father's new girlfriend, Mrs D, moves into the family home with her thirteen year old daughter and eleven year old son. The integration of these new family members was very positive and X quickly developed a good relationship with Mrs D and both her children;

i) In July 2009, with the approval of the children, the father, A, and D were married;

j) On Saturday, January 30 th 2009, the father, Mr A, passed away suddenly;

k) X has received much family support during this difficult time and has requested to remain in Mrs D's care;

l) X has a strong bond with Mrs D and desires to stay with Mrs D and her children in the family home; [ 3 ] Since her father died, the child was still with her stepmother when the case was heard on April 26.

Then the Director of Youth Protection asked the Court to maintain the child with Mrs D. [ 4 ] Counsel for the mother explained that the mother would prefer that her daughter be entrusted to a foster family, thinking that being in a neutral environment, X would be more tempted to have contacts with her mother and siblings. [ 5 ] [The social worker 1], the person authorized by the Director of Youth Protection in X's situation was asked why she was recommanding to leave the child with her stepmother. [ 6 ] She answered that the child evolved very well at home and school, presenting good behavior in both milieux and good marks at school.

She developed also a good self esteem. [ 7 ] Questioned why the child stopped visiting with her mother in 2007, she had this answer: «X was becaming less confortable with the visits and there was a loyalty conflict between the father, the grandmother, and the mother.» [ 8 ] And when her father passed away, the child expressed clearly that she wanted to stay with her stepmother. [ 9 ] The social worker added that X is very well informed that she can visit her mother and siblings at any time she wishes to do so. [ 10 ] The Court understands very well the mother's legitimate wish to have contacts with her daughter. [ 11 ] But the Court expressed that it is not by forcing this 17 years old teenager (…), that the mother will achieve her objective; at 17, a teenager knows what he or she wants and X is no exception. [ 12 ] Forcing her would not be in the interest of this child and neither in the mother's interest. [ 13 ] Counsel for the child told the Court that X agrees to all the amended conclusions. [ 14 ] She added «For X, the door is not closed to contacts with her mother, but she is not ready at this time.» [ 15 ] WHEREFORE, THE COURT :

[ 16 ] GRANTS the present motion with the amended conclusions; [ 17 ] DECLARES that the security and the development of the youth X are in danger; [ 18 ] REVISE the Court order rendered on February 20, 2002 in the present file; [ 19 ] ENTRUSTS the child with Mrs D until her majority, […], 2011; [ 20 ] AUTHORIZED supervized in favour of the child with her mother, at her specific request, with the possibility to cancel such supervision defending of the evolution of the situation; [ 21 ] ORDERS that the child receives all the health services required by her situation; [ 22 ] ORDERS that a person, working for Centre jeunesse A or any other establishment or body, provide aid, counsel and assistance to the youth X and her family for a period of time to be set at the date of the inquiry; [ 23 ] ENTRUSTS the situation of the youth X to the Director of Youth Protection of Centre jeunesse A to see that the measures are carried out; __________________________________ MICHEL DURAND, J.Q.C.

Me Diane Chiasson For the D.Y.P. Me Geneviève Lafontaine For the youth Me Sébastien Gagnon For the mother Date of hearing : April 26 th , 2010