2013 QCCQ 11999, 2013 QCCQ 11999

Protection de la jeunesse — 134107 2013 QCCQ 11999 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 105-41-000335-134 DATE: August 19, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X , born on […] 2012 Child and A Mother and B Father ______________________________________________________________________ JP2122 JUDGMENT ______________________________________________________________________ [ 1 ] X and her twin brother were born prematurely nearly one year ago.

They remained in the hospital until December 24, 2012 and were then entrusted to a foster family. [ 2 ] The parents had a stormy relationship and they broke up several months ago. They both deal with personal issues. [ 3 ] The father has older children, with whom he doesn't have significant contacts. The

mother's three other children were all removed from her care. [ 4 ] On February 11, 2013, the Court entrusts the twins to a foster family, until their transfer to [A Province] is authorized by their paediatrician. [ 5 ] At that time, the evidence shows that neither parent can take care of the babies on a daily basis. [ 6 ] The plan, then, is to entrust the children to a maternal aunt and her husband, in […]. [ 7 ] However, things turned out to be different than expected. Social services in […] provided a negative report about the aunt's family environment.

Consequently, the children were never moved and still live in the same foster family. [ 8 ] The director of youth protection now asks the Court to order that the children remain in foster care for the next six months. [ 9 ] The evidence reveals that the parents' situation did not improve. [ 10 ] The father was detained for a few months. Following his release, weekly scheduled contacts were planned with his children, but he was present to approximately half the visits. He is not present at the hearing. [ 11 ] The mother was in jail until April 2013.

She was arrested again shortly after and is in detention since May. She saw the children once, on April 18. [ 12 ] The mother testifies she intends to put her life back on track. She wants to seek help for her addictions and other issues. She did not undertake therapy or follow-up yet. She plans to work with the "DPJ", to go back to school and to get her children back. The mother has good intentions, but she was never able, in the past, to keep or regain custody of any of her children. [ 13 ] As for the twins, they still require regular follow-up with health professionals.

Their immune system is very fragile and they need constant monitoring. [ 14 ] There is no doubt that an extension of the placement is appropriate. Moreover, the situation has to be assessed and a long-term life project must be clarified for these young and vulnerable children. [ 15 ] They cannot wait for years while their parents try to solve their problems. THEREFORE, THE COURT: [ 16 ] GRANTS the present petition; [ 17 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act; [ 18 ] REVISES AND EXTENDS the Court order rendered on February 11, 2013; [ 19 ] ORDERS that X be entrusted to a foster family until February 11, 2014; [ 20 ] ORDERS that the director of youth protection establish conditions governing contacts between the parents and the child, including the presence of a third person, for as long as the professional authority considers it advisable; [ 21 ] RECOMMENDS that the parents undergo to random drug and alcohol testing; [ 22 ] RECOMMENDS that father's parenting skills be assessed by a psychologist; [ 23 ] RECOMMENDS that the mother undergo treatment for her drug/alcohol abuse problem and for anger management; [ 24 ] RECOMMENDS that the mother submit herself to a psychiatric assessment; [ 25 ] ORDERS that the child be provided with all the care and health care required for her state of health; [ 26 ] AUTHORIZES the various professionals involved with the child to share relevant information in the best interest of the child; [ 27 ] AUTHORIZES that the director of youth protection be allowed access to the child's

medical records for the duration of the Court order; [ 28 ] RECOMMENDS that a long-term life project be clarified for the child; [ 29 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to X and her family until February 11, 2014; [ 30 ] ENTRUSTS the situation of X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.Q.C. ME LOUYSE A. LEMIEUX for the petitioner ME FLORENCE FRAPPIER-ROUTHIER for the child ME STÉPHANIE CARRIER for the mother MR B the father (absent)