2011 QCCQ 9308, 2011 QCCQ 9308

Protection de la jeunesse — 112752 2011 QCCQ 9308 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 635-41-000241-080 DATE: June 29, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A […], working in town A Petitioner and X , residing and domiciled in town A, province of Québec, district A Child and A, presently detained in town B institution, province of Québec, district A, Mother ______________________________________________________________________ JUDGMENT

Section 95 and 75 , Youth Protection Act, R.S.Q., c. P-34.1 ______________________________________________________________________ [ 1 ] The Director of Youth Protection asked the Court to prolong the decision rendered on December 14, X, born on […], 2003. The child was entrusted to a foster family for a period of seven months with certain measures of help.

The applicant recommends that this decision be prolonged until the child reaches her majority. [ 2 ] The child is not present at the hearing but she is represented; her counsel cannot make any admissions because of her young age, but agrees with the recommendations. The mother is present and represented; she admits most of the allegations and agrees with the recommendation of placement. [ 3 ] The mother murdered the father with a firearm on July 29, 2005. She received her sentence on October 3, 2006 and was incarcerated. In June 2009, she was released and was on parole in a halfway house.

She was arrested again in November 2009, after making threats to a worker, than released again in November 2010 on parole and to reside in a halfway house until June 2011. She was released on or about June 7, 2011 and is now living in town C with her brother. [ 4 ] X is 7 years old and has been under foster care since 2005. She was placed in more than 20 foster homes until she was entrusted to Mrs. B in January 2010. During her stay in different foster homes, the child developed behaviour problems: she was aggressive and having many tantrums.

Many foster homes felt that the mother harassed them when she would call and no permanent plan could be made for the child until she was entrusted to Mrs. B. [ 5 ] The latter mentions to the Court that the child was an emotional and physical mess when she received her; you could see her bones and it took time before the child be less aggressive. She has made great improvements and there is now a very strong bond between them. The child considers Mrs. B as her mother. [ 6 ] X is at the level of a 5-year-old child and has some learning disabilities.

The foster mother is taking all the necessary steps so that the child improves in school, as she is herself a teacher. They are also in contact with professionals to help the child. [ 7 ] The mother has been completely released only a few days ago. As mentioned above, she is presently living in town C with her brother. Most of her family members live in town C. She wants to look for a job and wants to continue a process of healing and address her anger management problem. She knows that her daughter is very well taking care of and safe with Mrs. B. She is happy of that because this is what she wants for her.

She acknowledges that she cannot take her back for the moment. [ 8 ] This child went from one foster home to another and was not well taking care of. Finally, since January 2010, she is now in good hands in the same foster family who is ready to continue to be involved in her life and see to her wellbeing for a long period of time. [ 9 ] Considering the admissions, the testimonies and the revision report, the Court considers that it is in the best interest of this child and the respect of her rights to be entrusted to a foster family until she reaches her majority.

THEREFORE, THE COURT: GRANTS the petition; MAINTAINS that the situation of X, born on […], 2003, is still compromised; REVISES the decision rendered on December 14, 2010; ENTRUSTS the child to the foster care of B until she reaches her majority; ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, her mother and the foster family; ORDERS that the child receive specific health care and health services when needed; ORDERS that the contacts between the child and her mother be under the supervision of the Youth Protection as for the frequency and modalities; ORDERS that the child’s foster home address, name and phone number remain confidential; ORDERS that the exercise of certain attributes of the parental authority be withdrawn from the mother and granted to the director of the Youth Protection A (medical, school and social authorizations); ENTRUSTS the child's situation to the director who shall see that the measures are carried out; ORDERS any peace officer to collaborate in the execution of this enactment, if requested. __________________________________ MARC E.

GRIMARD, J.C.Q. M e Stéphanie Lachance Counsel for the petitioner M e Denis Trottier Counsel for the child M e Marie-Claude De Gagné Counsel for the mother Date of hearing: June 7, 2011