2014 QCCQ 5031, 2014 QCCQ 5031

Protection de la jeunesse — 1424 2014 QCCQ 5031 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001528-121 DATE: January 10, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2012 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, Quebec, District A Applicant and A, residing and domiciled, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (

section 95 ( par. 1) , Youth Protection Act , R.S.Q. , c. P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection A asked the Court to review the decision rendered on May 29, 2013 concerning the situation of X, born on […], 2012. She asks for the child's placement in a foster home until the age of majority. [ 2 ] At the hearing, the mother is present assisted by Me Myriam Gaudreault.

Me Clara Egervari represents the child and Me Gabriel Gaudreault, the petitioner. [ 3 ] The mother makes some admissions and agrees with a six months prolongation of her child's placement in the foster family. The evidence is completed with the testimonies of the social worker and the foster parent, and the revision report. [ 4 ] Upon analysis of this evidence, it is proven that the mother's situation remain the same. She takes her medication regarding her paranoid schizophrenia and still displays alcohol and drugs related problems.

Her life style remains unstable. [ 5 ] Even is she shows love and affection to her child when she visits him, she is still unable to provide proper care and supervision to the child. She needs help to supervise the visits and to remind her the scheduled visits. The mother acknowledges her gambling problems, but declares she does not consume anymore alcohol and drugs. Unfortunately, the evidence does not confirm such sobriety. [ 6 ] The child X is placed since his discharge from the hospital. Since a year, the child lives with A and B. They take good care of the child and he is attached to them.

They agree to assume him on a long-term basis, until his majority. They agree to receive the mother at their place for her visits. They can supervise them. The mother is always calm with the child and he is at ease with her, but she needs an adult's supervision. [ 7 ] Previous report filed established that the mother does not have parental capacities. She is unstable in her mood, unpredictable and might be impatient. Even with psychological and medical follow-up, she cannot develop her capacities in such way that she might be able to assume the child. [ 8 ] Considering

section 91 of the Youth Protection Act , the child is entitled to evolve in a stable and secure family until the age of majority, [ 9 ] Considering the evidence, [ 10 ] THE COURT: [ 11 ] GRANTS the petition; [ 12 ] DECLARES that the security and development of X are still endangered; [ 13 ] ORDERS the placement of X in a foster family until his majority;

[ 14 ] RECOMMENDS his placement with the foster family of Mrs A and Mr B; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the mother and the child for the duration of the judgment; [ 16 ] ORDERS the Director of Youth Protection to supervise the visit rights and access and to provide the mother a calendar for her visits and access; [ 17 ] ORDERS the mother to collaborate with a psychiatric follow-up; [ 18 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault, attorney for the applicant Me Myriam Gaudreault, attorney for the mother Me Clara Egervari, attorney for the child Date of hearing: December 5, 2013