2010 QCCQ 18870, 2010 QCCQ 18870

Protection de la jeunesse — 101910 2010 QCCQ 18870 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth division” N o : 635-41-000291-093 DATE: November 23, 2010 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applican t -and- X , born on [...], 1997 Child -and- A , residing and domiciled in Town A, Quebec, district A Mother -and- B , residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT Sections 95 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The director of youth protection is requesting from the Court to review a decision rendered on August 11, 2009 by the Honourable Jacques R. Roy, JCQ, concerning X, born on [...], 1997. The Court entrusted the child to foster care with reintegration in her family if the situation allowed it and ordered different measures of help for the family’s members, the whole for a period of one year. The applicant is now recommending that the child be entrusted to foster care for a period of eight months.

The parents (the father is detained) agree with the recommendation so as M e De Gagné for the child. [ 2 ] Youth protection has been involved with this family since September 2001. Throughout the years, the parents signed four different agreements on voluntary measures. The measures were most of the time the same: that the parents seek help concerning their drinking and violence problems; that the children attend school; that the contacts between the children and the parents be determined by the DYP; that the children be entrusted to foster care.

Parents have been arrested in the past for hitting their children. [ 3 ] Two days after the last Court decision in August 2009, both of the parents were arrested and detained. At the end of October 2009, Mr. B attended a program at the treatment center A. He completed his treatment but relapsed two weeks later. The mother started a treatment program on May 19, 2010 but she left the center before the end of the program. [ 4 ] While their three children were entrusted to foster care, visits were organized between the children and the parents.

Unfortunately, most of the time during the visits either the mother or the father were intoxicated. Since August 2009, the situation of the parents has not changed. They were arrested 14 times since that date for violence, drunk and drive and breach of conditions. They did not collaborate actively with the Youth Protection. [ 5 ] X’s situation is much more unstable than her sibling’s one. Since September 2008, she has been placed in different foster homes.

In June 2009, she was placed in Town B, where she did not want to be sent, wanting to stay in Town A, but the petitioner is unable to find a foster family for her in Town A. Since the last Court hearing, in August 2009, the child has been moved six times. The foster families have mentioned that they were overwhelmed by the child’s behaviour. [ 6 ] She is twelve years old (almost thirteen) and has been through a lot of difficult situations since her birth, which is affecting

her present behaviours. She does not respect most of the rules: the curfews, not going to school on a regular basis and does not return home to sleep without advising the foster parents. She started to smoke cigarettes and would also consume alcohol and marijuana. [ 7 ] She has dark thoughts; she is deeply unhappy to be far from her family and verbalized it. She is attentively following the progresses of her parents, waiting for them to change their lifestyle and constantly expecting a possible return with them. She does not invest herself in any of her foster families.

She is getting to realize that she is placed in foster families due to her parents’ behaviour and has difficulty to accept this situation. [ 8 ] Unfortunately for her, the Court cannot foresee a return with her parents. Life project has to be continued so that she may benefit of a safe and structured environment where she can develop herself. [ 9 ] Considering the admissions of the parties, the testimonies and the reports filed, the Court is convinced that the recommendations are in the best interest of the child and that they respect her rights.

FOR THESE MOTIVES, THE COURT: GRANTS the petition; MAINTAIN that the security and development of X, born on [...], 1997, are still compromised; ENTRUSTS the child to foster care for a period of eight months; ORDERS • that a life project be prepared during the placement period, • that a person working for an institution or body provide help, counsel or assistance to the child and the child’s parents, • the parents to seek help concerning their alcohol consumption problems and to demonstrate to the Youth Protection that they have corrected their neglecting and abusing behaviour, • that the contacts between the child and her parents be supervised by the Youth Protection (frequency and modalities), • that the exercise of some attributes of parental authority be withdrawn from the parents and granted to the Director of Youth Protection (medical, education and social documents as authorization for vacation in and outside Canada, for routine medical interventions, to see specialists, for school, hobbies, to obtain health card, social insurance number, beneficiary card and passport); ENTRUSTS the child’s situation to the Director who shall see that the measures are carried out; ORDERS the execution of the present judgment by any peace officer. __________________________________ Marc E.

Grimard, JQC M e Wolfgang Mercier-Giguère Counsel of the applicant M e Marie-Claude De Gagné Counsel of the child M e Denis Trottier Counsel of the parents Date of hearing: September 28, 2010