2012 QCCQ 13671, 2012 QCCQ 13671

Protection de la jeunesse — 125827 2012 QCCQ 13671 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001396-115 DATE: October 9, 2012 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 1997 Mrs [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in city A, district A (Quebec) […] Applicant and Mrs A, residing and domiciled in city A, district A (Quebec) […] Mother ______________________________________________________________________ JUDGMENT (Sections 95 par. 1 and 75, Youth Protection Act) ______________________________________________________________________ [ 1 ] The Director of Youth Protection makes an application to revise the decision rendered on August 26, 2011 by this Court pursuant to

section 38 of the Youth Protection Act. [ 2 ] On August 26, 2011 the Court rendered the following decision: Grants the motion; Declares that the security or development of X, born on […], 1997 is in danger; Orders the placement of X in a Reception Center for twelve (12) months with a possible reintegration in a foster home after two (2) months if the situation allows; Orders the Director of Youth Protection to organize regular contacts between X and her brother Y; Orders that visitations rights between the mother and the child, X, be supervised by the Director of Youth Protection as for the length, the modalities and the frequency; Orders the mother to remain sober during her visitations rights; Orders the Director of Youth Protection that X receives an evaluation and assessment by a psychologist as for a follow up if the professional judges if necessary; Orders the Director of Youth Protection A to provide aid, counsel and assistance to the child and the mother for a period of 12 months; Orders any police officer to collaborate in the execution of the judgment if required; Entrusts the child's situation to the Director of Youth Protection A for the execution of this judgment. [ 3 ] The youth is present and represented by Me Yan Massé.

The mother is also present but not represented by a lawyer. Me Gabriel Gaudrault represents the applicant. [ 4 ] The youth's lawyer admits most of the paragraphs of the motion. The mother does the same.

She admits that she still displays alcohol and drugs related problems and that she is presently homeless. [ 5 ] The youth and the mother agree with the measures proposed by the Director of Youth Protection to wit, to entrust the youth in the foster care of her aunt for a period of six months with a possible reintegration in a foster home if the situation allows it; [ 6 ] The Court considers that following the admissions and the testimonies heard there is a preponderant evidence of the following facts. The facts

[ 7 ] According to the Director of Youth Protection the youth's situation is still endangered due to the fact that the mother still displays alcohol problems and is homeless. [ 8 ] On August 26, 2011 the Court ordered that the youth be entrusted in a reception center for a period of twelve months and a possible reintegration in a foster home after two months if the situation allows it. [ 9 ] On August 29, 2011 the youth was placed at the A Group Home in city B.

She was there from August 29 to September 22, 2011.The youth asked to be transferred to a reception center. [ 10 ] In result of her behavioural, emotional and mental state the youth was transferred in a reception center to wit the Youth Healing Center in city C. It was on October 17, 2011. [ 11 ] On October 25, 2011 the youth was entrusted to a foster family until February 23, 2012. The youth had to move to another foster family because of this family's marital situation. [ 12 ] From February 23 to March 20, 2012 the youth was entrusted in three different foster families.

In one of those families, the caregiver was overwhelmed with de youth's behaviour and decided to put an end to the placement on March 11, 2012. [ 13 ] Sometimes during the various placements the youth was acting up and was not respecting the rules set by the family where she was.

On January 20, 2012 the Director of Youth Protection's worker met with the youth and the conclusion was that the youth has started acting up since the return of her mother in the community of city A. [ 14 ] On March 20, 2012 the youth was temporally entrusted to the care of her mother until the Director of Youth Protection found a long-term placement for her. There was an agreement between the mother and the Youth Protection Services that she should remain sober.

The Director of Youth Protection couldn't find any suitable foster family in the community. [ 15 ] On March 30, 2012 the youth was entrusted to the care of her aunt in city A. The placement was in agreement for a long-term placement and the youth was very happy with it.

The youth's mother was also very cooperative with the decision. [ 16 ] At first the foster family was very hesitant and said she will give it a try until the next court hearing in August 2012. [ 17 ] According to the Director of Youth Protection the foster family has a very good structure and the youth is doing very well as well as the mother being cooperative. Since she's in this family the youth has improved a lot. [ 18 ] According to the Director of Youth Protection the foster family treats the youth as her own. The family has a total of five children and the youth has her own room in the household.

She has well adapted in her new home. [ 19 ] Since the last court hearing the mother has improved in her collaboration with the Youth Protection Services. [ 20 ] On August 6, 2012 the mother informed the Youth Protection worker that her request has been approved by the CLSC program in A Department. She has scheduled appointments with a psychologist Dr Bita in city D. [ 21 ] The mother stated that she was ready to get family counselling. She also notified the Director of Youth Protection's worker that the eviction of her apartment was temporary.

Conclusion [ 22 ] The Court is convinced that the youth's situation must be revised and that the applicant's recommendations are reasonable and likely to put an end to the situation in which the security and development of X is in danger.

For these reasons, the Court: [ 23 ] Grants the petition; [ 24 ] Revises the decision rendered on August 26, 2011; [ 25 ] Declares that the security and development of X, born on […], 1997 is still in danger; [ 26 ] Entrusts X to a foster family to wit her aunt B for a period of six months with a progressive reintegration with her mother if the situation allows it; [ 27 ] Takes judicial notice that the mother consents and orders the mother to attend a parenting skills workshop; [ 28 ] Takes judicial notice that the mother consents and orders the mother to seek help in regards of her alcohol and drug addiction; [ 29 ] orders the mother to take an active

part in the application of the measures ordered by the Court; [ 30 ] orders Director of Youth Protection to submit the youth to a regular follow up with a psychologist; [ 31 ] orders that the contacts between the youth and her mother be supervised by the Director of Youth Protection as for the length, frequency and modalities; [ 32 ] orders the mother to be sober during the contacts with her child; [ 33 ] Orders that a person working for an institution or body provide aid, counselling or assistance to the youth and her mother for a

period of twelve months; [ 34 ] Orders the mother to collaborate with the Director of Youth Protection and to meet with his worker upon request; [ 35 ] Orders any police officer to collaborate to the execution of the present order, if necessary; [ 36 ] Entrusts the youth's situation to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q. Me Gabriel Gaudrault, attorney for the Director of Youth Protection Me Yan Massé, attorney for the children Date of hearing: August 28, 2012