2014 QCCQ 16985, 2014 QCCQ 16985

Protection de la jeunesse — 145373 2014 QCCQ 16985 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 145-41-000456-142 DATE: August 11, 2014 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] A petition for protection purpose in respect of X (2005-[…]) is referred to the Court by the Director of youth protection pursuant to

section 38 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) In August 2009, the mother and Mr B decided to move back to Canada after living many years in [Country A];

b) They had moved into Ms A grandparents’ house in Town A with A’s three children;

c) In February 2010, they moved to Town B because they were asked to leave Town A;

d) In February 2010, the mother found that Mr B started a relationship with her sister C, and then she left him;

e) After the separation, the mother and her 3 children moved with her maternal aunt Ms D for a week until she moved into her own rental house in April 2010;

f) In the middle of December 2010, the mother and her children moved to another aunt E for a week until the mother got an apartment in Town C;

g) The family stayed there until there was a fire in the apartment then they moved with their paternal grandfather, F, for a month from February 2011 until March 2011;

h) The mother found that place was not safe for her children and entrusted her children voluntary to her aunt Ms D until July 2013 when they were all removed and placed in a foster home of G;

i) In July 2013, the mother decided to move back to Town A and has been living with her maternal grandparents;

j) The type of lifestyle that the mother and Mr B had when they were all living in [Country A] was very hard on the children;

k) The mother is dealing with a lot of medical issues and she has been hospitalized numerous of times because she wasn’t taking care of herself and was abusing drugs;

l) The mother has realized that she is not able to care for her children because of her addictions and her unstable living environment;

m) The mother wants them to remain in the care of Ms G and Mr H;

n) Since the children have been with their present foster parents, the mother has been able to have a better relationship with her children and she has a great relationship with the foster parents;

o) Y and X’s behaviour have improved since there are placed in foster home;

p) X has stated he is happy at his current foster home and wants to continue living there with his sibling;

q) Y and X have one sister, Z, seven years old who was placed in a the same foster family until her age of majority by a judgment rendered on May 15, 2014;

r) The foster parents are willing to go long-term with the children and have done anything asked of them to maintain the children’s best interest;

s) The foster parents collaborate well with the Youth Protection Delegate and genuinely love and care for the children as if they were their own;

t) It is in the best interest of the child to benefit from a long-term lift project to have stability in his life. [ 3 ] At the hearing, the mother is present and unrepresented.

She admits the situation described at the petition and consents to its conclusions. [ 4 ] The child's lawyer spoke with the child and is in a position that he can accept the proposed measures. [ 5 ] The Court studied the petitioner's psychosocial report, an agreement on voluntary measures, a judgment rendered by the Quebec Court (youth division) regarding the child's sister as well as a report from an educator. [ 6 ] Considering the report's content and the position of the mother and the child's lawyer, the Court grants the petition in the sense of its conclusions.

WHEREFORE, THE COURT: [ 7 ] DECLARES that the security and the development of X are in danger in the sense of

section 38 of the Youth Protection Act; [ 8 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection namely the family of Mrs G and Mr H, until […], 2023 (date of his majority); [ 9 ] ORDERS that contacts between X and his mother take place under an agreement between the parties and be supervised by the Director of Youth Protection if deemed necessary; [ 10 ] ORDERS that Mrs A keep the Director of Youth Protection updated on her current address and phone number; [ 11 ] ORDERS that all decisions with regard to authorizations to be given concerning routine or urgent health services, social, academic, extra-curricular activities, as well as to obtain a passport, a social insurance card, a driver’s licence or any other legal document that may be needed, be taken by the Director of Youth protection of the Centre Jeunesse A along with foster parents if the mother cannot be reached; [ 12 ] RECOMMENDS that X be educated in the A heritage and be supported in participating in aboriginal cultural activities and more particularly that he be given the opportunity to attend regularly different cultural, religious, social, and family significant activities in A or surrounding areas; [ 13 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X, his mother and the foster family;

[ 14 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until […], 2023 (date of his majority) for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Louyse A. Lemieux, for the petitioner Me Hugo Caissy, for the child Mrs A, the mother