2012 QCCQ 17281, 2012 QCCQ 17281

Protection de la jeunesse — 126787 2012 QCCQ 17281 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] “Youth Division” Nos: 640-41-001419-115 640-41-001418-117 DATE: July 19, 2012 ______________________________________________________________________ IN THE PRÉSENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […], 2010 Y Born on November 16, 2003 [INTERVENANTE 1] and [INTERVENANTE 2], persons duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A city (Quebec), district A; Petitioner -and- A , residing and domiciled in A city (Quebec), district A; Mother -and- FATHER (undeclared for X); -and- B , residing and domiciled in A City (Quebec), district A; Father for Y ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered on January 17, 2012, by Justice Jean-Pierre Gervais, in which he entrusted the children to a foster family with the possibility of reintegration with one of their parents if the situation would allow it. [ 2 ] Today, the DYP recommends to the Court that Y be fully reintegrated with her maternal grandparents with whom the mother lives.

As for X, the DYP recommends that he remain in a foster family for six months with a possible reintegration with his maternal grandparents, depending on the evolution of the situation, with a total social follow-up for twelve months. [ 3 ] At the hearing, the parents and the children are present and represented. They all consent to the recommendations. Update of the situation since January 17, 2012 [ 4 ] Y (8 years old) lived with her paternal aunt for nine months. [ 5 ] Y has been doing very well during the school year with her paternal aunt. She trusts her aunt.

She was happy there. [ 6 ] However happy she was, Y felt she wanted to try to go live with her maternal family. [ 7 ] At the end of school year, Y integrated her grandparents' home where her mom lives. Things are going well so far. Y trusts her grandparents and feels comfortable to tell them if things are not going well.

[ 8 ] The maternal grandparents have been “mostly” (their own word) sober since December 2011. They also made an important decision. If their own children decide to drink, they will not accept any violence in their house. They will call the police. [ 9 ] The mother made some improvements in the last months, but the mother still has difficulties staying away from alcohol. She cannot have the responsibility of her children yet. [ 10 ] In June alone, she relapsed on three occasions and was involved in disorderly conducts.

Even her parents seemed discouraged on June 21, after the mother's last night in jail, especially as she was so closed to the growing reality of her children returning home with her at her parents’ house. [ 11 ] However, the mother is trying to hold on to her job. She has a boyfriend, although their relationship is not always harmonious. [ 12 ] The mother does not completely trust the system of the Youth Protection. Because of that, she has a tendency to hide things from the social worker.

She remains defensive. [ 13 ] However, with the collaboration of the maternal grandparents that has greatly improved, the social worker thinks that there is a sufficient security net at the grandparents’ home to start the children's reintegration. [ 14 ] The social worker intends to monitor Y's progress first. [ 15 ] As for X (2 years old), he is very attached to his foster family. He has spent the last ten months there and he is functioning very well. X trusts them. [ 16 ] X benefited from visits with his mother and grandparents.

X easily goes from his foster mother to his mother and seems quite comfortable with each of them. However, if he is in the presence of both, he will seek out for his foster mother for security and comfort. [ 17 ] X is younger and requires more security. [ 18 ] For him, it is not yet the time to think of a reintegration. Analysis and applicable measures [ 19 ] The grandparents have offered a good collaboration to the social worker throughout the last months. They remain mostly sober since December 2011.

They have shown that they can be responsible adults to care for Y who is now living with them. [ 20 ] As for the mother, she can certainly contribute to her daughter’s happiness, but so far, she is still struggling with a drinking problem that jeopardizes her parental capacities. [ 21 ] As for X, it is too soon to reintegrate him with his maternal grandparents. [ 22 ] So far, Y is doing well.

The next months will show us if this remains a permanent solution. [ 23 ] If so, the Court will allow X to be reunited with the maternal grandparents and his sister. [ 24 ] However, the Court will ask the social worker to keep both previous foster families available in case of need.

These foster families have been providing a secure environment for both children in the last months and can provide some support if needed. [ 25 ] Also, if ever the solution proposed today would not work as well as all stakeholders hope, both children would have the possibility to go back to their previous foster homes where they functioned well for many months.

FOR THESE REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on January 17, 2012 by Justice Jean-Pierre Gervais; DECLARES that security and the development of Y and X are still compromised; ORDERS that Y be fully re-integrated in the household where her mother lives presently, with her maternal grandparents, C and D; ORDERS that X be entrusted to a foster family for a period of six months, with the possible reintegration with his mother and maternal grandparents family if it is deemed safe and reasonable; ORDERS that the mother be actively involved in parenting her children and seek help for substance abuse and other personal issues; ORDERS that the mother and the grandparents collaborate actively with the social workers; ORDERS that all efforts be made so that alcohol or drugs not be consumed in front of the children; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the children and their family for a period of 12 months; ENTRUSTS the situation of X and Y to the Director of Youth Protection for the A C.Y.P.C., who shall then 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 children M e Angèle Tommasel Attorney for the parents Date of hearing: July 19, 2012