2011 QCCQ 3804, 2011 QCCQ 3804

Protection de la jeunesse — 11504 2011 QCCQ 3804 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Chamber »

DATE : January 25, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 635-41-000331-097 X 2009-[…] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection [of Youth Center A] C.Y.P.C., Quebec, district A Applicant And A, residing and domiciled in town A, Quebec , district A Mother ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) [ 1 ] The Court is seized with a petition asking to review the last decision rendered concerning X, 1 year old. Mrs [social worker 1], delegate of the Director of Youth Protection, asks for the child's placement in a foster family for a period of five months. [ 2 ] At the hearing, the adoptive mother, Mrs A, is present and represented by Me Marie-Claude De Gagné.

The child is represented by Me Denis Trottier and Me Robert-André represents the petitioner. [ 3 ] The mother admits all the allegations and agrees with the recommendations. [ 4 ] Even if the delay of twelve months of foster care measure is reached in the present file (section 91.1 (

a) Y.P.A. ), the social worker asks for an extension of the placement, giving a last opportunity to the mother to prove her motivation. [ 5 ] A psychological evaluation of the mother is filed with the revision report. [ 6 ] The mother showed an interest to attend a detoxification therapy and is more collaborative with the social worker. Even, if she did not complete her therapy in town B, she intends to attend the next therapy offered in the centre of town C next February. The language barrier represented a major problem in town B.

Adding to that explanation, the Court must also considers the recommendation of the psychologist, Mr Beltempo, that the mother be evaluated by a psychiatrist considering the presence of borderline traits and a marked instability in her moods. [ 7 ] The extension will also give a last delay to the mother to complete the traditional adoption of the child. [ 8 ] In the previous judgments, the Court clearly indicated all the problems of the mother and ordered her all the services she needs to change her way of life. [ 9 ] If the same problems remain during this extension, a life project for the child will be prepared.

The child needs to evolve in a secure and stable family.

[ 10 ] Considering the evidence, [ 11 ] THE COURT : [ 12 ] GRANTS the petition; [ 13 ] DECLARES that the security and development of X are still in danger; [ 14 ] ORDERS the placement of X in a foster family for a period of five months; [ 15 ] ORDERS the mother to attend a detoxification therapy; [ 16 ] ORDERS that the mother be evaluated by a psychiatrist; [ 17 ] ORDERS the Director of Youth Protection to supervise the visit rights (frequency and duration); [ 18 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and her mother for a period of one year; [ 19 ] ORDERS the mother to collaborate actively with the social worker; [ 20 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the applicant Me Marie-Claude De Gagné, attorney for the mother Me Denis Trottier, attorney for the child Date of hearing : December 14, 2010