2014 QCCQ 13691, 2014 QCCQ 13691

Protection de la jeunesse — 142022 2014 QCCQ 13691 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000447-141 DATE: May 5, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCIE MORISSETTE, J.Q.C. ______________________________________________________________________ IN THE CASE OF THE CHILD : X , Born on […], 2006 [SOCIAL WORKER 1] Petitioner and A Mother and B Father ______________________________________________________________________ JUDGMENT FOR PROTECTION (Sections 38 and 75 of the Youth Protection Act) ______________________________________________________________________ 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 ] JM 2034 X who is seven years old, has been in foster care placement since August 21, 2012. She has three brothers from her mother's side, who are older than her. She also has, on her father's side, a younger sister who is 3 years old. [ 2 ] She is entrusted to a foster family since July 2013. She lives with Mrs C and Mr D and four other foster children. Her brothers Y and Z also reside there. [ 3 ] Both of her parents deal with personal issues. They separated in 2011.

The mother and her four children moved from place to place. [ 4 ] The director of youth protection now asks the Court to order that the child remain with the foster family of Mrs C and Mr D until she reaches her majority. [ 5 ] The parents agree with the petition and the suggested measures as modified after an agreement between the parties. [ 6 ] Two agreements on voluntary measures were signed, under which the child was entrusted to a foster family, from August 21, 2012 until February 14, 2014. Afterwards, the Court ordered that X remain in foster care until May 7, 2014.

[ 7 ] The mother has realized that she is not able to care for her children because of her unstable living environment and her addictions. She fully understands that she cannot provide long term care for her children due to her instability and also many medical conditions that she suffers from. [ 8 ] The father has been in and out of the hospital in the past few years due to many illnesses, especially for many strokes that he has had and because of his lifestyle of drugs and partying. Because he is still in pain he is highly medicated.

He is also paralyzed. [ 9 ] Both parents have gotten into trouble with the law. They had multiple living arrangements and have admitted to using drugs and alcohol. [ 10 ] The mother of the foster family, Mrs C has developed a strong bonding with X. Moreover, she is commited to take care of that child until her majority. [ 11 ] The child is very well adapted to her foster family and wishes to stay there. X has been excelling in school and Mrs C keeps all the children very busy with extra-curricular activities.

They go for nightly walks, bike rides, MMA (Mixed Martial Arts). [ 12 ] The child needs a stable and structuring environment. [ 13 ] The evidence reveals it is in the child's interest that she be entrusted to the foster family of Mrs C and Mr D until her age of majority. WHEREFORE, THE COURT : [ 14 ] GRANTS the petition for protection; [ 15 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 16 ] ORDERS that X be entrusted to the foster family designated by the Director of Youth Protection, namely the family of Mrs C and Mr D, until […], 2024, date of her majority ; [ 17 ] RECOMMENDS that the parents participate in counseling to deal with addiction issues, and with their personal issues; [ 18 ] ORDERS that the contacts between X and her parents take place under an agreement between the parties or, if no agreement can be reached, that they be organised and supervised by the Director of youth protection as long as deemed necessary; [ 19 ] ORDERS that all decision with regards 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 and DELEGATES such parental authority to the Director of youth protection of Centre jeunesse A along with the foster parents, if the parents cannot be reached; [ 20 ] RECOMMENDS that X be educated in the Ecole A and be supported in participating in aboriginal cultural activities and more particularly that she be given the opportunity to attend regularly different cultural, religious, social, and family significant activities in Ville A or surrounding areas; [ 21 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to X and her family; [ 22 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre jeunesse A until […], 2024, her age of majority, for the carrying out of the present measures. ___________________________ LUCIE MORISSETTE, J.Q.C.

Me Louise A. Lemieux For the petitioner

Me Hugo Caissy For the child Me Florence Frappier- Routhier For the father Mrs A, the mother Date of hearing : May 5, 2014 Written judgment filed : May 7, 2014