2012 QCCQ 17280, 2012 QCCQ 17280

2012 QCCQ 17280 Protection de la jeunesse — 126786 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] CITY […] « Youth Division »

N o : 640-41-001411-112 DATE: May 24, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 2011 [INTERVENANTE 1], person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A City (Quebec), district A; Petitioner -and- A , residing and domiciled in A city (Quebec), district A; Mother -and- Father, (undeclared). ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on November 8, 2011 by Justice Jean-Pierre Gervais in which he entrusted X to a foster home for a period of six (6) months with a possible reintegration with the mother as soon as the situation allows it. [ 2 ] Today, the Director recommends that X be entrusted to a foster home for an additional period of six (6) months with a possible reintegration with her mother as soon as the situation allows it. [ 3 ] At the hearing, the mother is present with her attorney and so is the attorney for the child.

They both agree with the recommendations. The mother finds it important that the contacts between her and her child be maintained if she is to continue to create a bond with her daughter. Update of the situation since November 8, 2011 [ 4 ] Since the last decision, the mother's life remains unstable. [ 5 ] Two (2) days after Court, she is arrested and detained by the police after a fight with her boyfriend.

The mother is incarcerated for a period of three (3) months and returns to the community on February 15, 2012. [ 6 ] On March 8, 2012, the police is called to the mother's boyfriend house because the mother scratched her boyfriend's face and

harasses the family. The mother is not arrested but is warned by the police to stay away from her boyfriend's house. [ 7 ] The mother and her boyfriend have a relationship composed of tensions and yelling. [ 8 ] On April 7, 2012, the mother gets into a fight with her sister and punches her on the head. [ 9 ] As for the child, X arrives at the maternal grandparents' house in the mother's community as ordered, on December 8, 2011. [ 10 ] Since then, the grandparents' situation has become unstable.

At some point in the last months, the grandfather moved out of the house saying that his wife has threatened him with an axe. He returned home two (2) days later. [ 11 ] On April 5, 2012, the grandmother notes that the mother is sometimes rough with the baby. The grandmother also says that the mother and her boyfriend can yell at each other in her house. The grandmother fears the mother will hit her. [ 12 ] The grandfather says that the mother has been helping them with X in the last months.

He rates her parenting skills as 50 %. [ 13 ] On April 10, 2012, the grandmother complains to the social worker that the mother is eating X's food. She also says that the mother has a black eye after having been in a fight with her sister at the grandparents' house. [ 14 ] Following these events, to protect X of this unpredictable environment, the social worker removed X from the grandparents' care to entrust her to another foster family. [ 15 ] The grandmother did not object, as she was no longer ready to care for X anyway, she said. [ 16 ] The mother was very upset to see X removed from her grandparents' care.

She reacted in saying that her mother would deserve to have a black eye for that. [ 17 ] X now lives in an A family in B City where her older sibling is already fostered. [ 18 ] Since X's placement in B city, the mother realizes that the situation is serious. [ 19 ] She says she is drinking less. But more importantly, in a recent meeting with the social worker, the mother said she is now ready to seek treatment, most likely in C city.

Applicable measures [ 20 ] After reading the social report, the Court was not ready to authorize the possibility of a reintegration with the mother. [ 21 ] First, because the mother had not made efforts to solve her drinking problem and maintain a stable life in the last six (6) months. [ 22 ] Secondly, because the mother's problems are recurrent. Her two (2) oldest children were taken away from her for the same reasons. One of them is adopted and the other one is now placed in a foster home until majority. [ 23 ] Now, baby X is waiting for her mother to solve her problems and become a responsible mother.

She shall not wait long. [ 24 ] The Court is pleased to hear that the mother is excited by the plan proposed by the social worker. [ 25 ] The Court thinks this plan is in X's best interest. [ 26 ] Why? Because if the mother goes to C City for treatment, she will achieve two important goals. [ 27 ] First, she will benefit from a treatment to solve her drinking problem. And in staying in B city, the mother will remain away from the bad influences in order to help her maintain her sobriety. [ 28 ] But as importantly, the mother will be closer to her daughter to maintain significant contacts with her.

And by doing so, she will contribute to let X live a stable life. [ 29 ] The Court is not tempted to recommend that X be moved again in another foster family up north in such a short period of time. [ 30 ] X has already been moved from one foster family to the grandmother to another foster family in less than a year. [ 31 ] Considering the mother's renewed motivation to solve her problems this time, the Court will allow the possible reintegration of X with her mother in the next six (6) months.

But if the mother does not go to treatment and remains in an unstable situation, the Court thinks that X should remain in the current foster family. [ 32 ] X is already creating a bond with this family. Another sibling is already entrusted to the care of this family. This family is an A foster family. [ 33 ] Maintaining her there clearly represents her best interest if the mother does not put words into actions. [ 34 ] In this situation, a close follow up is needed. X is at an age where she is building roots.

Considering this delicate period of her life, the Court prefers to review the situation after six months to evaluate the mother's progress and the child's evolution. THEREFORE, THE COURT: GRANTS this motion;

REVISES the decision rendered on November 8, 2011 by Justice Jean-Pierre Gervais; DECLARES that the security and the development of X continue to be in danger; ORDERS that X be entrusted to a foster home for a period of six (6) months with reintegration into the family if the situation allows it; RECOMMENDS that X is not moved from this foster home to another one, if the mother is not taking serious steps to solve her drinking problem in order to maintain the child’s stability; ORDERS that the mother be allowed regular visits with X in order to continue to build on the parent/child relationship and to increase her parental skills; ORDERS that the mother be psychologically assessed and that she follows the recommendations if necessary; ORDERS the mother to meet with the social service worker or D.Y.P. delegate on a regular basis to deal with her personal issues; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the mother for a period (six) 6 months; ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ LISE GAGNON, J.C.Q.

M e Gabriel Gaudreault Attorney for the D.Y.P. M e Jean-Francis Bonnette Attorney for the child M e Angèle Tommasel Attorney for the mother Date of hearing: May 24, 2012