2012 QCCQ 17425, 2012 QCCQ 17425

Protection de la jeunesse — 126752 2012 QCCQ 17425 COUR DU QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] CITY OF [...] Youth Division No: 450-41-003946-119, 450-41-003947-117, 450-41-003948-115 DATE: 7 June 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE : X Born on […], 2001 Y Born on […], 1996 Z Born on […], 2000 _______________________________ [INTERVENANTE 1] , person duly authorized by the Director of Youth Protection of Centre jeunesse A, working at […], Town A, district A, - and - A , […], Town B, - and - B , confidential address Children's parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________

[ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a Court decision rendered on May 26, 2011, in which the Court entrusted the children to a foster family until August 20, 2011. [ 2 ] In his motion, the Director alleges the following facts: 4.

a) The children's mother was released from jail on June 8th, 2011 with various conditions pending her extradition hearing, as appears from a copy of the interim release order filed as exhibit D-2. She has resided at Center A, in Town B, since June 10th;

b) On August 10 th , 2011, the Superior Court refused the [Country A]' extradition request and Ms B was discharged as appears from the judgment filed as exhibit D-3. The requesting state is currently considering appealing this decision and has thirty (30) days to do so;

c) Ms B wishes to remain in Town B and has signed a lease for an apartment in the area;

d) Ms B has been very proactive in organizing and scheduling contacts with her children. She remains very committed to them but can have a tendency to invade them with her personal problems;

e) The children have had regular contacts (phone calls and visits) with their mother. The supervision was lifted when Ms B entered Center A. She has been observed as being very adequate with the children and the visits are going very weIl;

f) Ms B has cooperated weIl with the social worker and regularly informs her, after the visits, of their various activities;

g) Mr A no longer resides in [...] and is back in [....] temporarily living at a friend's home. His future living arrangements will depend on whether or not his children come back to live with him. He continues to work on the night shift;

h) Mr A has been declared eligible for legal aid in Town C and has mandated an attorney in Town D to begin legal proceedings to have the children retumed to the [Country A]. He has however stated to the social worker that he will respect their choice to remain with their mother if that is what they want;

i) Y continues to reside in the foster family A where he is doing weIl. He has a positive attitude with the adults and his peers;

j) Y is described as quiet and discreet. With his sisters, he is playful, affectionate and protective. He misses his mother and sisters and takes advantage of any opportunity he has to spend time with them;

k) High School A never reinstated Y after his suspension in May. The social worker was however able to get him a tutor for five (5) hours a week. He got along so weIl with him that his tutor offered to continue to work with him throughout the summer;

l) Y testified at his mother's interim release hearing on June 3rd and was noticeably preoccupied with the outcome of his mother's legal situation;

m) Y maintains that he does not want any contact with his father, wishes to remain in Canada and would like to live with his mother and sisters;

n) Z and X continue to live in the foster family A where they are doing weIl. They have demonstrated a surprising ability to adapt to their new surroundings considering aIl the changes they have been through in the last months;

o) In school, the girls were quickly able to make friends. Because it was easier for X to leam french, she successfully completed her school year and will begin 5 th grade in the fall;

p) The girls were hoping their mother would find an apartment in […] enabling them to remain at the same school and keep their friends but, even though Ms B has opted to settle in Town B, they wish to live with their mother and brother;

q) Z and X categorically state that they do not wish to retum to their father's care. They do not wish to see him or speak with him. They have however requested that the social worker ask him for some of their personal belongings and for news of their dog; as will appear more particularly at the hearing;

[ 3 ] To addresse the children's needs, the Director asks the Court to maintain the services in place for an additional period of 6 months: [ 4 ] At the hearing, the attorney for the Director informs the Court that new facts have occurred since the petition was served. [ 5 ] On September 1, 2011, the children were entrusted to their mother on a provisional measure and things were generally going well since then. [ 6 ] However, on March 9 th 2012, the mother drank alcohol for 4 days. During that period, the mother could not be responsible for her children.

Y was the acting parent for his sisters. [ 7 ] The mother explains that she was overwhelmed by the situation. She felt obliged to become a ”superwoman”. She regrets having drank in an abusive manner and to have left her children unattended. [ 8 ] The mother is now followed by the Centre C [ 9 ] But though the [Centre A] services were put in place, on May 6 th 2012, the mother drank again. She said she was asked to get married and was in shock. [ 10 ] The mother appears very fragile. Over time, her reasons appear more like pretexts.

Her drinking problem needs to be addressed promptly. [ 11 ] To ensure the mother remains sober and that the children are well protected, the Director recommends that the children be maintained with their mother but with an additional follow-up for six months. [ 12 ] At the hearing the father is absent but does not contest the Director's petition. He respects his children's wishes. [ 13 ] The mother and the children agree with the recommendations.

FOR THESE REASONS: GRANTS this motion; DECLARES that the security and the development of the children X, Y and Z are still in danger; REVISES the Court order rendered on May 26, 2011; ENTRUSTS the children X, Y and Z to their mother; AUTHORIZES in the children's favour and at their request, supervised contacts with their father with the possibility of lifting the supervision according to the evolution of the situation; ORDERS that the children and their mother actively participate in the social follow up and for the mother in the follow-up with the [Centre A] as well; ORDERS that a person working for Centre jeunesse A or any other establishment or body, provides aid, counsel and assistance to the children and their family for a period of six (6) months; ENTRUSTS the situation of the children X, Y and Z to the Director of Youth Protection of Centre jeunesse A to see that the measures are carried out.

__________________________________ LISE GAGNON, J.C.Q. M e Attorney for the DYP M e Attorney for the mother M e Attorney for the children Hearing date : 7 June 2012