2013 QCCQ 11983, 2013 QCCQ 11983

Protection de la jeunesse — 134059 2013 QCCQ 11983 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000343-100 DATE: March 18, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ TRACY JESSO, Youth Protection worker duly authorized by the Director of Youth Protection of A Applicant -and- X, residing and domiciled in Town A,[…] Child -and- A, residing and domiciled Town A, […] Mother ______________________________________________________________________ JUDGMENT (Sec. 95 (par. 1) and 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The petitioner authorized by the Director of Youth Protection asks the review and the extension of an order under

section 95 of the Youth Protection Act concerning X, born on […] 2006. [ 2 ] At the hearing, the child was absent but represented by her lawyer. The mother was present and represented by her lawyer. THE FACTS [ 3 ] The Director of Youth Protection has been involved in the child's life since her early childhood. [ 4 ] On July 13, 2010, J. Grégoire declared the security and development of X endangered mainly due to the mother's heavy drinking.

The child was then entrusted to a foster family for a period of six months. [ 5 ] Following that first court order, five different court orders each extending the previous one, entrusted X to a foster family. Throughout the different judgments, the Court took notice that on some occasions the mother showed the intention to seek treatment for her alcohol abuse. Unfortunately, her good intentions did not materialize into concrete steps. [ 6 ] On September 18, 2012, J. Bigué stated that the mother was in no better position to recover her parental role.

Accordingly, he ordered that a valid life plan be clarified for X and entrusted the child to a foster family for a period of six months. [ 7 ] Since the last court order, the mother has served time in jail on a few occasions. The evidence shows that the mother's lifestyle still revolves around alcohol. On the day of the hearing, the mother was serving a short period of detention following an offence committed while she was under the influence of alcohol. [ 8 ] Although the mother had a good relationship with the applicant, she collaborated poorly during the last months.

In fact, the applicant tried on many occasions to get in touch with the mother, to no avail. The mother says she intends to go to treatment for her alcohol problem. [ 9 ] X is developing well in her foster family environment. She is described as a happy, curious and resilient child. She is doing well in school and has the capacity to adapt to new situations. [ 10 ] Considering the lack of improvement in the mother's life, the Court considers that the security and development of X remain endangered.

MEASURES APPLICABLE [ 11 ] The Director of Youth Protection requests that the child be entrusted to a foster family until her majority.

[ 12 ] The mother disagrees with the D.Y.P.'s main recommendation. However, she has no solution to propose to the Court other than to ask for a last chance. [ 13 ]

Section 91.1 of the Youth Protection Act limits the duration of a foster care measure to 24 months for children of the age of six years old and over.

According to the law, at the end of this period the Court must render an order aimed at ensuring the continuous care, stable relationships and living conditions of the child. [ 14 ] From the case law developed on that matter, emerges two essential conditions that must be met before the Court can render a decision aimed at providing continuity of care, stable relationships and stable living conditions to the child on a permanent basis: 1) The prospect of the child's return with his family is unrealistic. 2) The existence of a life project by which the child is able to adapt and bond with his new family. [1] [ 15 ] In order to satisfy to the second condition, the Court must verify the true long-term commitment of the surrogate family towards the child as well as the level of attachment of the child to his new family. [ 16 ] Moreover, in order to avoid the shunting around of the child from one foster family to another, the Court must have the means to confirm and order that the child be entrusted to a specific foster family most likely to meet all of his needs.

This is in keeping with the objective of continuity and stability set forth by the Youth Protection Act and the

interpretation given by the courts. [2] [ 17 ] In the present case, X has been in foster care for more than 34 months. There is preponderant evidence that the mother is unable to provide continuous care to the child. Considering the services offered to the mother and the amount of time given to her to resolve her personal struggles, the Court is of the opinion that the prospects that the child returns in her family are unrealistic. [ 18 ] The child has been living in the same foster family for the past eight months. She clearly identifies to her foster family.

Moreover, Ms B and her husband are willing, capable and ready to care for X until her majority. [ 19 ] The foster family shows openness towards the child's mother. However, the Director of Youth Protection cannot expect her to supervise the contacts between the child and the mother. [ 20 ] On the condition she remains in the care of Ms C, the Court is convinced that the foster parents are capable to provide X with a healthy living environment on a long-term basis. [ 21 ] The Court's decision doesn't mean that the child's relationship with her mother will cease to exist.

It means she will benefit from the care of her foster family as well as a relationship with her mother. [ 22 ] FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the petition; [ 24 ] DECLARES that the security and development of X, born on […], 2006, are still endangered; [ 25 ] ORDERS that the child be entrusted in a foster family until she reaches her majority; [ 26 ] ORDERS the placement of the child with the foster family of B; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the mother, the foster family and the child until she reaches her majority; [ 28 ] ORDERS that the contacts between the child and her mother be supervised by the Director of Youth Protection as for frequency and modalities; [ 29 ] GRANTS AND ENCOURAGES contacts between the child and her siblings; [ 30 ] ORDERS the police to collaborate in the execution of the present order; [ 31 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ NANCY McKENNA, J.C.Q.

M e Gabriel Gaudreault Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Myriame Gaudreault Legal Aid A Lawyer for the child

M e Marie-Claude De Gagné Lawyer for the mother Date of hearing: March 5, 2013