2012 QCCQ 19310, 2012 QCCQ 19310

Protection de la jeunesse — 128445 2012 QCCQ 19310 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004195-122 DATE: December 7, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 2000 Child THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A Parent ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits an amended motion for extension of a Court decision rendered on March 28 th 2012, concerning X, born on [...] 2000.

[ 2 ] As well as measures of aid and support for one year, the last judgment entrusts the child to her maternal uncle for 6 months. The motion alleges that this milieu can no longer receive the child for various considerations, thereby justifying a revision of the order. The Director principally recommends that the child be entrusted to a foster family until August 30 th 2013. [ 3 ] The parties consign their admissions in the Court record and affirm their assent as to the measures.

The attorney of the child adds that she eventually expects to no longer be bound by supervision in her contacts with her grandparents. [ 4 ] ANALYSIS AND DECISION [ 5 ] Following the last order, the child continues to reside with her maternal aunt and uncle. Her progress is generally positive. [ 6 ] The child has significant emotional difficulties, in relation to her diagnoses of attention deficit and hyperactivity disorder (ADHD) and oppositional defiant disorder (ODD). She is sensitive to stress and requires a structured routine with stimulation.

Her emotional reactions can be volatile and unpredictable. [ 7 ] The child's relationship with her mother shows improvement. The contacts are regular, although the relationship between the child and her mother's spouse remains arduous. The mother and her spouse differ in their approach to X, which causes further tension and provokes the child's oppositional behaviours. [ 8 ] The mother and her spouse commence to acknowledge their responsibilities towards the child and the need for change. [ 9 ] Contacts resume between the child and her grandmother, after a family conflict forces their suspension in January 2012.

The parties agree to supervision of these contacts, considering that the grandmother's actions have, in the past, a negative impact on the family interactions. [ 10 ] In May 2012, the child presents suicidal behaviours. A referral is made to resource A, where the she already receives services. [ 11 ] At the end of the summer, the maternal aunt and uncle request that the Director seek alternate living arrangements for the child, affirming that they can no longer offer the care and support she requires.

The mother requests that her daughter return to her care, but X prefers foster placement. [ 12 ] On October 18 th , a provisional order places the child in a foster home. Her integration is positive, although oppositional behaviours are still present. [ 13 ] Since her transfer, the relationship between X and her mother becomes strained. The mother accepts with difficulty her daughter's wishes and the foster placement.

The child chooses to have minimal contact with her mother, mostly through sporadic phone calls and e-mail. [ 14 ] It is crucial that the intervention deal actively with this issue to ensure that the progress in the mother/daughter relationship be maintained. [ 15 ] At the present time, the supervision of the contacts with her grandparents is necessary, but malleability of this measure is appropriate to permit the revision of the need for supervision, to match the evolution of the situation. [ 16 ] After considering the documentary and testimonial evidence, as well as the admissions, the Court is satisfied that the security and the development of the child continue to be in danger.

As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the child. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child are still in danger; [ 20 ] ORDERS that the child be entrusted to a foster family until August 30, 2013; [ 21 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her family for a period of one year; [ 22 ] ORDERS that the mother take an active

part in the application of the measures; [ 23 ] RECOMMENDS that the mother participate in an individual follow-up; [ 24 ] ORDERS that the mother reports to the Youth Protection on the measures taken to put an end to the situation; [ 25 ] AUTHORIZE the contacts between the child and her grandparents in the presence of a third party designated by the Director; [ 26 ] PERMITS the removal of the supervision upon mutual agreement between the parties and in response to the evolution of the situation; [ 27 ] AUTHORIZES the contact between the child and her mother upon agreement between the parties; [ 28 ] ORDERS that the mother inform the Youth Protection Director of any change of coordinates; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the

measures; __________________________________ BEATRICE CLEMENT, J.C.Q. Me Caterine Caron Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: December 7, 2012