2011 QCCQ 9577, 2011 QCCQ 9577

Protection de la jeunesse — 113819 2011 QCCQ 9577 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000293-101 DATE: July 5, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1] Petitioner and X Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for extension of an order in respect of X (1998[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On February 28, 2011, the Court declares that the security and development of the child are in danger and entrusts her to her aunt with several recommendations to the mother and a follow-up until June 30, 2011 for the reasons enunciated in the judgment. The mother has a serious problem of alcohol which impairs her parental capacity. [ 3 ] The petition is based on the following assertions and facts :

a) since the last court order, the mother's situation stay the same ;

b) the mother was suppose to go in a rehabilitation center for a therapy but she never went yet ;

c) the mother said that she is planning to get in a rehabilitation center for a detox treatment on June 6, 2011 and she is suppose to be there until June 30 ;

d) the mother has to quite her house and she went to "Center A" for 3 weeks ;

e) during that period, the mother seems to feel better and more sober ;

f) after, the mother returned to her old pattern and called at occasions the foster mother under the influence of alcohol ;

g) the mother is presently living at her son Jonathan's apartment and she planned to keep that apartment in August when her son will moved to live in CITY A ;

h) the present living place of the mother is clean and adequate ;

i) X's outings at her mother went well except some occasions the mother left X with her brother and went to CITY B at a friend house ;

j) X is doing a lot better in school this year ;

k) X is very well at her aunt, but she is caught in a loyalty conflict between her mother and her aunt ;

l) X still an insecure adolescent and she refuses to talk about her mother's situation ;

m) X still needs a secure and stable home environment. [ 4 ] At the hearing, the child and her mother are present and represented. They admit, in general, the facts alleged at the petition and accept the recommendations of the Director of youth protection. [ 5 ] The Court studied the psychosocial report. [ 6 ] The Court also examined the letter of Mrs [Social Worker 2], an addiction worker of A Health and Community Services, which reads as follow : "This letter is to confirm that A has been in contact with me the addiction worker in A First Nation Community on a regular basis.

Mrs A has made every effort to reach out concerning help with her addiction and maintaining her sobriety. Mrs A has utilized all her resources that are available to her.

To date she has spent 6 weeks at the Center A in Cross Point which she had regular group and individual meeting with councillors, as well as currently completing treatment in B Addiction Services in Town A [Province A]." [ 7 ] The purpose of this petition is to order the return of the child at her mother's at the end of August after a progressive reintegration. [ 8 ] It is important that the mother understands the necessity of maintaining her sobriety and that X does not suffer from her instability.

The mother must make sure to take the necessary steps in order that X is kept away from any abusive or prejudicial situation.

[ 9 ] It is also important for the Director of youth protection's representatives to keep a close watch on the situation, to frequently meet the child and her mother and to go at the residence occasionally without any prior notice. [ 10 ] Considering the report and the position of the child and her mother, the Court grants the petition in the sense of the amended recommendations filed today by the Director of youth protection. WHEREFORE, THE COURT : [ 11 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 12 ] ORDERS that X be entrusted to her aunt, Mrs B, until August 31, 2011 with progressive reintegration with her mother ; [ 13 ] ORDERS that X be entrusted to her mother starting on September 1, 2011 ; [ 14 ] ORDERS that X continues her psychological follow-up for as long as deemed necessary by the psychologist ; [ 15 ] RECOMMENDS that the mother continues her follow-up with the CLSC ; [ 16 ] RECOMMENDS that the mother attends A.A. meetings on a regular basis ; [ 17 ] RECOMMENDS that the mother involves herself in a follow-up regarding substance abuse and her personal issues ; [ 18 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 19 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until February 29, 2012 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Janick Poirier, for the petitioner Mrs Florence Frappier-Routhier, articled student in law at the Legal Aid Office, for the child Me Andrée Rioux, for the mother