2013 QCCQ 13331, 2013 QCCQ 13331

Protection de la jeunesse — 134562 2013 QCCQ 13331 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Division »

N° : 145-41-000406-121 DATE : September 5, 2013 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, j.Q.C. ______________________________________________________________________ A Petitioner and X Child and B and C Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for extension of order in respect of X (2010-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth protection act. [ 2 ] On September 27, 2012, the Court declares the security and development of this child are considered to be in danger and orders that she be entrusted to a foster family with supportive measures for the child and her mother as well as a psychosocial follow-up until March 31, 2013, for the reasons enunciated in the judgment. [ 3 ] The main reasons were that the mother has a long history of trauma, abuse and addiction problems. She neglected her children and they were all placed with foster families.

Notwithstanding that the mother had worked for years with social services and that her situation has improved, it went again downhill in January 2012. [ 4 ] The present petition is dated March 18, 2013 and the hearing has been postponed until today for several reasons. [ 5 ] The allegations of the petition, at the time, were to the effect that the situation was not improving. [ 6 ] However, it changed since and that is why the petitioner's lawyer is asking that the child be progressively reintegrated with her

mother while being maintained with her foster family until March 31, 2014. She presents an amendment in that sense. [ 7 ] At the hearing, the mother is present with her lawyer who accepts the conclusions sought by the Director of youth protection as well as the child's lawyer. [ 8 ] X's father whereabouts are unknown. He is not involved in his child's life. He is probably in […]. The mother did not hear from him. A specialized agency did not succeed to locate him.

The Court concludes that these circumstances are exceptional and, accordingly, dispenses the Director of youth protection to serve the petition to the father. [ 9 ] The Court studied the petitioner's psychosocial report and the two complements, a psychological follow-up report (

X) and a psychological assessment (update) concerning the mother. [ 10 ] The conclusion and recommendations of Dr. Bernard Nadeau, psychologist, as written at the end of his report constitute a good

summary of the mother's actual situation: "Mrs B has shown some resiliency over the last year. She is now better established in […] with her spouse in law, D and the couple just had a baby-boy. For the moment, and as long as she remains stable and drug free, she is a good parent for her newborn child. According to my observations, she is aware and does not seem to be intoxicated as she was when the assessments were done. Moreover, she has a good social (family) support, which is a first experience for her. Her housing environment is appropriate.

However, as shown in her psychological assessment, she remains a fragile person, struggling with a traumatic past and a vulnerability to addiction and self-defeating behaviours. During my recent meeting with her, we discussed that issue about the risk of <<messing up>> her current situation and she expressed concerns about it. For the moment, I think that contact should be encouraged with her daughter Spirit, including visits in […] and, later, sleep-overs. However, the stability of the mother, her drug free situation and her social (familial) support are keys of a possible reintegration of X with her mother.

However, these conditions remain fragile for the moment. Consequently, I recommend: 1. That X remains in a foster family for the next six months; 2. That visits with her mother be encouraged; 3. That if the situation allows it, a progressive reintegration of X with her biological mother be implemented; 4. That if the personal stability and/or the mental condition of the mother doesn't allow it, then that a long term life plan for Spirit be considered." [ 11 ] The contacts between X and her mother since last March are going well without any negative reaction of the child. They are attached to one another.

The overall situation had never been so much positive and it is in the interest of this young child to favour a reintegration with her mother, taking also into account that the foster family does not plan to get involved on a long- term basis. WHEREFORE, THE COURT : [ 12 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth protection act; [ 13 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection until March 31, 2014, with progressive reintegration in her maternal environment if the situation permits it; [ 14 ] ORDERS that the mother benefit from a drug and alcohol assessment and a follow-up for as long as deemed necessary by the counsellor; [ 15 ] ORDERS that the mother continue her psychological follow-up as long as deemed necessary by the psychologist; [ 16 ] ORDERS that the mother refrain from using any drugs and/or alcohol in the presence of her children unless validly prescribed to her and in accordance with the prescription; [ 17 ] ORDERS that the visits between X and her mother be supervised for as long as deemed necessary by the Director of youth protection; [ 18 ] ORDERS that the mother participate actively in all the measures proposed by the Director of youth protection to put an end to the situation of endangerment;

[ 19 ] ORDERS that a person working for an organism or an establishment provide aid, counsel and assistance to Spirit Martin and her family; [ 20 ] ENTRUSTS the situation of Spirit Martin to the Director of youth protection of the Centre Jeunesse A until March 31, 2014 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.Q.C. Me Louyse A. Lemieux, for the petitioner Me Florence Frappier-Routhier, for the child Me Stéphanie Carrier, for the mother Mr. B, the father (absent)