2012 QCCQ 17273, 2012 QCCQ 17273

Protection de la jeunesse — 126779 2012 QCCQ 17273 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 640-41-001180-097 DATE: July 18, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 1998 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A., working in City A (Quebec), district A; Petitioner -and- A , residing and domiciled in City A (Quebec), district A; Mother -and- B , detained at A penitentiary, in City B (Quebec), district B; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered February 14, 2012, by Justice Nancy McKenna, in which she entrusted the child to a reception center for a period of six months. [ 2 ] Today, the DYP asks the Court to entrust the child to a reception center for an additional period of six months, but to allow his reintegration with his aunt, C, in City C, at the beginning of the school year. [ 3 ] At the hearing, the mother is present with her attorney.

She would rather have her child back with her, but if it can’t be, she agrees that her son integrates his aunt’s house. [ 4 ] As for the child, he is present with his attorney. Until very recently, he was agreeing with the DYP’s recommendations. However, today, he spent a lot of time with his mother and he would like to live with her. Update of the situation since February 14, 2012 [ 5 ] In the last six months, X made remarkable improvements. At school, his marks have increased in most subjects.

He is very talented in art and very interested in outdoor activities like fishing. [ 6 ] This summer, X benefits from a special program that allows him to work and earn some money. This contributes in building his self-esteem and sense of responsibility. [ 7 ] However, X still has some behaviour problems. He is very reactive when it comes to deal with his family’s problems. For example, when his father was sent back to the penitentiary, X was very disappointed and acted out. He had the same reaction when he found out that his mother had started drinking again. [ 8 ] The mother recognizes she still drinks.

She was still found highly intoxicated on a few occasions in June. The mother would like to quit drinking completely but it is not done yet.

[ 9 ] As for the father, on October 21, 2011, he was released from the penitentiary to integrate a halfway house in City D. From there, he was able to visit his son who was entrusted to a reception center in City D at the time. [ 10 ] On February 24, 2012, the father's freedom was suspended for 30 days. [ 11 ] On March 22, 2012, he was back at the halfway house. [ 12 ] On May 1, 2012, the father was back to the penitentiary for breaching his conditions again and as of today, does not know when he will be released. [ 13 ] C, X's aunt, is a foster family for the DYP in City E.

She is a very good foster family with a strong capacity to set limits. She represents a well-structured environment for X. [ 14 ] X has a bond with his aunt. He is the one who proposed his aunt to be his foster family. [ 15 ] The social worker believes that the child is strong enough to integrate, as soon as September 2012, his aunt's house. However, the psychologist who evaluated X recommends a very slow process of reintegration in order to avoid failure. [ 16 ] The social worker testifies that he balanced this argument with the opportunity to have X start school in September in City C.

In his professional opinion, he believes that the child’s reintegration at his aunt's house can be successful even though it will be done quite quickly and intensively in September. [ 17 ] The social worker wants the reception center to remain an option for four months. If things would not go as well as expected, the child could return to the reception center for some time. Analysis and applicable measures [ 18 ] There is no doubt in the Court’s mind that X has made remarkable progresses in the last months. X is now ready to make a step forward and integrate a family environment.

However, he still needs a strong structure with coherent limits to ensure that this step forward will be a success. [ 19 ] The mother certainly took some steps to try to stop drinking. However, she did relapse on a few occasions in the last months. The mother is very fragile and every time she relapses, her son is disappointed. [ 20 ] The Court believes that the mother can still do it, but she needs to put more effort in putting her drinking problem permanently behind her. Today, she is too fragile to be X's main caregiver.

He needs an adult with a strong capacity to set limits to ensure that he does not go back to his bad habits. [ 21 ] As for the father, he is still in a penitentiary for an unknown period. He cannot contribute to help the mother dealing with the responsibilities of having the child back home. [ 22 ] For these reasons, the Court believes that the DYP's recommendations represent the best interest of the child.

FOR THESES REASONS, THE COURT: GRANTS the revision motion; REVISES the decision rendered on February 14, 2012 by Justice Nancy McKenna; DECLARES that X's security and development are still compromised; ORDERS that X be entrusted to a rehabilitation center for a period of six (6) months with the possibility reintegration in a foster family, namely C, as soon as possible for a total period of placement of one (1) year; ORDERS that contacts between siblings and other significant people to the child be encouraged; ORDERS that X and his parents take an active

part in the application of the measures; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the child and his family for a period of 12 months; ENTRUSTS the situation of X to the Director of Youth Protection A ,who shall see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q. M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault

Attorney for the child M e Angèle Tommasel Attorney for the parents Date of hearing: July 18, 2012