2013 QCCQ 10543, 2013 QCCQ 10543

Protection de la jeunesse — 133288 2013 QCCQ 10543 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001406-112 DATE: May 27, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker duly authorized by the Director of Youth protection A PETITIONER AND X Born on [...], 2001 CHILD AND A MOTHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act , chap.

P-34.1, R.S.Q. ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a motion to review and extend a Court decision rendered on December 18, 2012, ordering that a life plan be established for X who will be thirteen years old next August. [ 2 ] The child is present and represented by M e Daniel Ouellette. M e Gabriel Gaudreault acts on behalf of the applicant. [ 3 ] The mother received the motion on April 18, 2013. She is not present in court. The applicant testifies that she met the mother on the very morning of the hearing.

The mother clearly stated that she would not attend court. The same situation occurred last December. She was not present in court even if she was reminded of the hearing a few hours before it began. [ 4 ] The mother still struggles with her alcohol and drug related problems. Her lifestyle remains unchanged.

She has not taken any steps to receive help or to attend workshops, therapy or any treatment centre. [ 5 ] She does not collaborate with the Social Worker. [ 6 ] Even though she lives in the same community where X is living since December, she does not exercise regular access rights. [ 7 ] She prioritizes her relationship with her spouse, who can be aggressive, especially when under the influence of alcohol. [ 8 ] The Director of Youth Protection has been involved in X 's life for years and yet no improvement has been made by the mother. [ 9 ] X needs a stable family and responsible adults to take care of him.

He is doing well in school and is a good hockey player. He seems to be a quiet teen, able to behave and abide by the rules established by the foster family and the school. [ 10 ] Last December, X was entrusted to his former foster family. He has a good bond with the foster parents and practices traditional activities with his foster-father. [ 11 ] The parents of the foster family testified that they want X to be a member of their family and they want to take care of him until he reaches the age of majority. There is no alcohol or drug consumption at their place.

The father is working and the mother is presently on maternity leave. She plans to be a stay-at-home mom for a couple of years. [ 12 ] The placement of X in this foster family, chosen by the Director of Youth Protection, is in the youth's best interest. [ 13 ] Access rights with the mother must be closely monitored and supervised in order to be sure that she is sober and does not make false promises to X . [ 14 ] Access rights with his young brother must be maintained.

[ 15 ] For these reasons, the Court: [ 16 ] GRANTS the motion; [ 17 ] REVIEWS and EXTENDS the last Court orders; [ 18 ] DECLARES that the security and development of X are still endangered; [ 19 ] ORDERS the placement of X in a foster family until he reaches the age of majority, namely the family of B and C , foster family chosen by the Director of Youth Protection to carry out X 's life plan; [ 20 ] ORDERS that aid, counsel and assistance be provided to X and the foster family for the same period; [ 21 ] ORDERS that a social follow-up be provided to the mother if she expressly requests this service; [ 22 ] ORDERS that the mother's access rights with X be closely supervised by the Director of Youth Protection as for the modalities and the frequency, and that these access rights be established in X 's best interest; [ 23 ] WITHDRAWS parental authority for A ; [ 24 ] ENTRUSTS the foster parents, B and C with the parental authority and authorizes them to give consent and sign any medical, school, social, travelling authorisations required for X 's benefit, including a passport; [ 25 ] ORDERS the mother to be and remain sober when in the presence of X ; [ 26 ] ORDERS the mother not to put X in the presence of people under the influence of alcohol or any other intoxicating substances; [ 27 ] ORDERS that access rights between X and his young brother be maintained; [ 28 ] RECOMMENDS that X join a hockey team; [ 29 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Gabriel Gaudreault Lawyer for the petitioner M e Daniel Ouellette Lawyer for the child Date of hearing: May 6, 2013