2011 QCCQ 10880, 2011 QCCQ 10880

Protection de la jeunesse — 112525 2011 QCCQ 10880 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” DATE: April 20, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE JOSÉE BÉLANGER, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : 610-41-000457-101 X 1998[…] ______________________________________________________________________ [SOCIAL WORKER 1], t.a.s., duly authorized by the Director of Youth Protection of the Centre jeunesse A, in city A, district A, province of Quebec.

Applicant -and- A, domiciled and residing in city B, district A, province of Quebec. Mother -and- B , domiciled and residing at city C, province of Ontario. Father ______________________________________________________________________ JUDGMENT Sections 95 (1 and 2) and 75 of the Youth Protection Act ______________________________________________________________________ [ 1 ] [The social worker 1], duly authorized by the Director of Youth Protection of the Centre jeunesse A, asks the Court to revise the decision rendered on July 23 rd 2010, by the judge Marc E.

Grimard, J.C.Q., concerning X, born on […], 1998 : “ THEREFORE, THE COURT: GRANTS the petition; DECLARES that the situation of X is compromised in regard to

Section 38 (b) 2), (c), (e) 1) and 2) YPA; HOMOLOGATES the draft agreement and ORDERS the parties to abide by its terms, which agreement is an integral part of the present judgment; 3.1 Declare the security and development of X, born on […], 1998, are compromised; regarding the paragraphs b) 2, c), e) 1 and 2 of

section 38 of the Youth Protection Act; 3.2 Entrust the child to a foster family for a period of 6 months; 3.3 Order that the contacts and visits between the child and her mother be supervised by the DYP, with the present of a third party for as long as judged necerrary, according to the situation of the mother;

3.4 Order that the child and her mother take an active

part in the application of the measures ordered by the tribunal; 3.5 Order that the child and her mother receive aid, counselling and assistance by the DYP for a period of 12 months; 3.6 Recommend that the mother receive counselling regarding her drugs consumption and also psychological follow up for her mental health situation; 3.7 Order that the mother does not consume drugs in her daughter’s presence; 3.8 Order that all professionals working with the child or her mother be permitted to exchange information with the DYP regarding the child’s situation; 3.9 Recommend that the child be entrusted to a foster family near CITY D as soon as possible; 3.10 Entrust the child’s situation to the Director of Youth Protection for the execution of the present judgment.

ENTRUSTS the child’s situation to the Director for the enforcement of this order; ORDERS any peace officer to collaborate to the execution of the present order.” [ 2 ] At the hearing, the child is represented by Me Imane Kamal, the mother by Me Marc Ouimette and the petitioner by Me Julie Lemire. [ 3 ] The father is absent and doesn’t have any specific address.

In the past, he was never present during the proceedings. [ 4 ] Me Lemire, for the petitioner, asks the Court to order that the child be entrusted to a foster home for a period of 12 months. [ 5 ] Me Ouimette, for the mother, states that she agrees with the placement of her child in a foster home for a period of one year. [ 6 ] Me Kamal, for the child, states that a placement of 12 months is too long. [ 7 ] [The social worker 2] testifies on behalf of the petitioner. She’s a social worker at the hospital A and she does intake and crisis management. [ 8 ] [The social worker 2] met the mother frequently.

Back to January 14, 2010, the mother was referred by her doctor to do substance abuse assessment. [ 9 ] At the first evaluation Mrs A denied any abuse of medication. She admitted smoking marijuana but refused to do an assessment because she said she didn’t have a problem. [ 10 ] Mrs A has been in denial for a long time.

Recently within the past three months her attitude has changed and she’s looking now at her drug problem. [ 11 ] [The social worker 2] states that she strongly suggested to Mrs A to go to a treatment center because her drug problem is affecting all spheres of her life. [ 12 ] She states that Mrs A has always been very cooperative. [ 13 ] In August 2010, Mrs A while in hospital, admitted to [social worker 2] that she had tested positive for use of methamphetamines. [ 14 ] [The social worker 2] suggested to Mrs A to reach out for psychological support. Mrs A wasn’t very receptive.

According to [the social worker 2], Mrs A knows the issues she needs to address but she doesn’t know if she really wants to address them. [ 15 ] [The social worker 3], social worker for the Centre jeunesse A, testifies on behalf of the petitioner. [ 16 ] She states that her mandate was to start a follow-up with the mother and the child concerning their situation. She met the mother three times, not the child. [ 17 ] They discussed about Mrs A drug consumption.

Mrs A admitted to her that she was consuming marijuana on a regular basis and cocaine or speed occasionally. [ 18 ] Mrs A said that she intended to go to a treatment center mainly in regard to cocaine and speed. [ 19 ] Their last meeting was on February 22 nd . On that date they discussed about Mrs A’s drug consumption. [The social worker 3] states that on the same day she has visited Mrs A’s house. There were many boxes of beer.

According to Mrs A she drinks more since last December. [ 20 ] Mrs A thinks that she will have her daughter back with her, after her treatment. [ 21 ] Mrs C testifies on behalf of the petitioner. He is responsible of the foster family where the child lives for 8 months. [ 22 ] He states that the child is going very well and that she’s doing well at school.

[ 23 ] She has visits from her mother on Wednesdays or Fridays. She always said that her visits with her mother went pretty good. The child doesn’t ask for more visits from her mother. She seems happy with the present schedule. [ 24 ] Mr. C states that he will be very happy to keep her in his family. [ 25 ] Mrs A testifies. She said she’s totally in peace with her child being in the foster family. [ 26 ] She admits her addiction to drugs, but said she’s in control.

She even stayed sober for 16 months. [ 27 ] She still wants to go to a treatment center to find a way to solve her problems and to make peace with her past experiences. She doesn’t want any follow up with a psychologist. [ 28 ] The mother states that she will appreciate to have some weekends with her daughter. [ 29 ] [The social worker 1] testifies on behalf of the petitioner. [The social worker 1] is a t.a.s. working for the Centre jeunesse A. [ 30 ] [The social worker 1] states that she maintains that a placement of 12 months is still necessary.

She states that the child lives in a foster family for over six months now and that her mother hasn’t made any progress regarding her situation. [ 31 ] The mother is not entered in a treatment center. She’s still consuming drugs and has begun to drink alcohol. Many issues must be addressed. [ 32 ] [The social worker 1] said also that Mrs A has still anger management problems and that weekend’s visits are not possible for now.

She says that the visits will increase when the mother will increase her ability to deal with her situation. [ 33 ] [The social worker 1] states that at the end of the placement, the Youth Protection will try a reintegration of the child at her mother’s place. [ 34 ] X testifies for herself. She says that she wants to go back with her mother.

She says that her relationship with her mother is not strained. [ 35 ] The lawyers of the mother and the child ask for an increase of visits between the child and the mother. [ 36 ] Me Ouimette, for the mother, says that, if the child’s return has to start after the placement, visits must increase now in order to begin that return. [ 37 ] According to the evidence, the Court is satisfied that the child has to be entrusted to a foster home for a period of 12 months. [ 38 ] The Court has to render a decision based on the best interest of the child. [ 39 ] The mother has still many issues to address and is not ready to have her child back with her. [ 40 ] As [the social worker 1] told the Court, the child is already living in a foster home for over six months, and the mother hasn’t made any progress concerning her situation. [ 41 ] As for the child’s return, the Youth Protection Act already sets rules at

section 62 in fine : With a view to preparing the child's return to his family or social environment, the director or a person authorized by the director under

section 32 may authorize the child to stay with his father or mother, a person who is important to the child or a foster family for extended periods during the last 60 days of the period of compulsory foster care. [ 42 ] FOR THESE MOTIVES, THE COURT : [ 43 ] GRANTS the petition; [ 44 ] MAINTAINS that the security and development of X, born on […], 1998, are still in danger; [ 45 ] ORDERS that the child be entrusted to a foster home, for a period of 12 months; [ 46 ] ORDERS that the contacts and visits between the child and the mother be supervised by the Director of Youth Protection with the presence of a third party for as long as judged necessary, according to the situation of the mother; [ 47 ] RECOMMANDS strongly that the contacts and visits between the child and the mother be increased and be exercised without the presence of a third party, if the mother evolution allow it; [ 48 ] ORDERS that access and visits even if supervised be at least for a period of three hours once a week; [ 49 ] ORDERS that aid, counselling and assistance be provided by the Director of Youth Protection to the child and her mother for a period of 12 months; [ 50 ] ORDERS that the child and her mother take an active

part in the application of the measures ordered by the Court; [ 51 ] ORDERS that the mother receives counselling regarding her drug consumption and also psychological follow up for her mental health; [ 52 ] ORDERS that the mother does not consume drugs in her daughter’s presence;

[ 53 ] AUTORIZES that all professionals working with the child or her mother exchange information with the Director of Youth Protection regarding the child’s situation; [ 54 ] ORDERS any police body to collaborate for the purpose of executing this enactment; [ 55 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of this enactment. __________________________________ JOSÉE BÉLANGER, J.C.Q. M e Julie Lemire Attorney for the D.Y.P. M e Imane Kamal Attorney for the child M e Marc Ouimette Attorney for the mother Date of hearing: February 24, 2011