2012 QCCQ 17251, 2012 QCCQ 17251

Protection de la jeunesse — 126701 2012 QCCQ 17251 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41-000356-102 DATE: July 16, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […] [ INTERVENANT 1 ], person duly authorized by the Director of Youth Protection of the A , working in City A (Quebec), district A ; Petitioner -and- A , unknown address in City B ; Mother -and- B , unknown address in City B ; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered on February 21, 2012 by Justice Renée Lemoine, in which she entrusted the child to a foster family, namely C and D , for a period of six months. [ 2 ] Today, the DYP recommends that the child be entrusted to this family until she reaches her majority.

The DYP also recommends that the contacts between the child and the mother be supervised. [ 3 ] At the hearing, the mother agrees with the recommendations. However, she says that if the contacts are to be supervised, she is inclined not to have any. As for the withdrawal of certain attributes of her parental authority, she leaves it up to the Court to decide. [ 4 ] The child’s attorney agrees with the recommendations suggested to the Court. Update of the situation since February 21, 2012 [ 5 ] The mother still struggles with a drinking problem.

She went to only one AA meeting. [ 6 ] On February 18 and March 3, 2012, the mother showed up unexpectedly at the foster family. On one of these occasions, she was intoxicated which had an impact on X . [ 7 ] In March 2012, the mother left for City B without informing the social worker. She was nowhere to be found. This is the reason why the DYP wants the foster family to obtain some parental attributes, in case X would need an authorization while her mother can't be found. [ 8 ] The mother's collaboration with the DYP remains minimal. [ 9 ] The mother refuses to have supervised visits.

She prefers not to have contacts with her daughter in these conditions.

[ 10 ] As for the father, he does not want the DYP to call him anymore. He wants nothing to do with his daughter. [ 11 ] X has adapted very well to Mrs. and Mr. C and D 's family. In 2009, she lived with them for eight months. She has now been living with them since January 2010. [ 12 ] Mrs. C says it is going very well with X at home. X has the routine of a five-year-old little girl. Everybody loves X in the family. She is a sister to the other children. [ 13 ] The foster family maintains a good relationship with the mother. They encourage contacts between X and her mother.

X saw her mother in the waiting room today and was very happy to see her. [ 14 ] The social worker wants to maintain supervised contacts to ensure that the mother is sober during these contact, but also to ensure that X is not disappointed when her mother does not show up. In the past, the mother would promise to visit X but would not follow up on her promise. This was always dramatic for X who reacted in a negative manner.

The social worker wants to prevent this from happening again. [ 15 ] However, the social worker says that if the mother becomes stable and remains sober for the contacts, she would be open to review the situation. She is also opened to ask the foster family to supervise these contacts since the mother has maintained a good relationship with them. [ 16 ] Now that the foster family has moved to Province A and that the mother is thinking about moving to City B , it will be easier to organize the contacts, she says.

Analysis and applicable measures [ 17 ] At the hearing, the Court told the mother that it was very courageous on her part to agree today for her child to be placed until majority with Mr. and Mrs. C and D . Though heartbreaking for her, when the mother makes that decision, she is putting her child's best interest in priority. [ 18 ] The mother recognizes not having a stable life and still struggling with a drinking problem.

In these circumstances, the mother does exactly what a loving and caring mother should do: find a good family to take care of X . [ 19 ] This being said, the mother will remain an important part of her daughter’s life. She will always be a model for X even if X does not live with her on a daily basis. [ 20 ] X is looking up at her mother. [ 21 ] The Court is sure that X would be proud to have a sober mother that comes to visit her on a regular basis. [ 22 ] In the meantime, X can be reassured that she has a family that she can count on to take care of her until her majority.

FOR THESES REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on February 21, 2012 by Justice Renée Lemoine; DECLARES that security and development of X are still compromised; ENTRUSTS X to a foster family, namely Mr. and Ms.

C and D , until she reaches the age of majority ; ORDERS that a person working for an institution or body provides aid, counsel and assistance to X and her mother until she reaches the age of majority; ORDERS that contacts between X and her mother be planned and supervised by the Director of Youth Protection, with the possibility of lifting the supervision if the situation allows it; ORDERS that X and her mother take an active

part in the application of the measures; ORDERS that the exercise of certain attributes of the parental authority be withdrawn from the parents and granted to the foster family, Mrs. and Mr. C and D , namely for medical authorization, traveling including passport, school, recreational and extracurricular activities; ENTRUSTS the situation of X to the Director of Youth Protection A , who shall see that the measures be 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 DYP

M e Myriame Gaudreault Attorney for the child M e Marie-Claude De Gagné Attorney for the mother Date of hearing: July 16, 2012