2014 QCCQ 20857, 2014 QCCQ 20857

Protection de la jeunesse — 148890 2014 QCCQ 20857 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001435-129 640-41-001437-125 DATE: November 13, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN GRAVEL ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Petitioner -and- X, born on […], 2004 Y, born on […], 2010 Children -and- A Mother ______________________________________________________________________ AMENDED JUDGMENT [1] ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the court to review the decisions made on November 28 th , 2013 concerning X and Y. [ 2 ] The situation of the mother has not changed significantly since last court orders concerning Y and X. [ 3 ] In November 28 th 2013 the children were entrusted to foster care for a long period of time the attributes of parental authority were withdraw from the mother because she would not exercise her parental role and the children needed their needs to be responded by the persons that cared for them. [ 4 ] Mother says that she has been working for more than a year demonstrating a certain degree of stability. [ 5 ] It that is so why didn’t she offer more collaboration to the services available for her in order to get her life together and be able to take care of her children? [ 6 ] The mother still demonstrates to be unstable.

She has no residence of her own. She tells us she will have her home in two weeks. [ 7 ] She says she still drinks but she minimizes her alcohol difficulties. She was arrested twice for impaired driving. She was seen in June by the social worker at the airport smelling alcohol. She recently drank and took pills to the point of needing medical assistance. She never asked for treatment to solve her drinking problem she now says she is ready for it. [ 8 ] Mother did not collaborate with the social worker to receive help and maintain good relationship with her children.

She met X on her own regularly making arrangement with the grandmother but did not discuss that issue with the social worker. [ 9 ] She was a little collaborative during the first 6 months of placement but was out of reach for the last 6 months. [ 10 ] The two children have been waiting for their mother for to long.

[ 11 ] Y has been placed for more than 18 months he is 4 year old. [ 12 ] X is with his paternal grandmother since August 2012. [ 13 ] The delays of placement are done. We must offer the children stability in their lives. [ 14 ] For Y it is clear he has found a family. He is building his nest with them he is happy developing himself. The foster family is ready to be involved until majority. They will respect the mother’s role and the child’s culture. The court will order that he stays in foster family until his majority. [ 15 ] For X there is more anbivalency. X wants his mother to be available for him.

She does not respond but X is still hoping. Grandmother is ready to be involved but she has difficulties to even explain to X why his mother cant take care of him. [ 16 ] X is 10 year old.

In 4 years from now he will be a more mature adolescent capable of making right decisions for his future and understand all the issues that will be present then. [ 17 ] The court will stabilise him for the next four years. [ 18 ] THEREFORE THE COURT: For X [ 19 ] GRANTS this motion; [ 20 ] REVISES the decision or order rendered on date; [ 21 ] DECLARES that the security or the development of the child continues to be in danger; [ 22 ] ORDERS that the child X be entrusted to the foster family of B, his paternal grandmother; [ 23 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 24 ] ORDERS that the mother remain sober in the presence of the child; [ 25 ] WITHDRAWS from mother or the director the exercise of certain attributes of the parental authority concerning the child X with regards to health, school, travel, passport, recreational and extracurricular activities and grant those attributes to B; [ 26 ] ORDERS that the person working for an institution or body provide aid, counselling or assistance to the child, the child’s family and the child’s foster family; [ 27 ] ORDERS the police to collaborate to the execution of the enactment; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the purpose of executing the order; [ 29 ] THE WHOLE until […], 2018; For Y [ 30 ] GRANTS this motion; [ 31 ] REVISES the decision or order rendered on November 28, 2013; [ 32 ] DECLARES that the security or the development of the child continues to be in danger; [ 33 ] ORDERS that the child Y be entrusted to the foster family of C and D; [ 34 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 35 ] ORDERS that the mother remain sober in the presence of the child; [ 36 ] WITHDRAWS from the mother or the director the exercise of certain attributes of the parental authority concerning the child Y with regards to health, school, travel, passport, recreational and extracurricular activities and grant those attributes to C and D; [ 37 ] ORDERS that the person working for an institution or body provide aid, counselling or assistance to the child, the child’s family and the child’s foster family; [ 38 ] ORDERS the police to collaborate to the execution of the enactment; [ 39 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the purpose of executing the order; [ 40 ] THE WHOLE until majority;

__________________________________ JEAN GRAVEL , J.C.Q. Mtre. Camille Provencher Counsel for the DYP Mtre. Joanie Jacob Counsel for the children Mtre. Angèle Tommasel Counsel for the mother Date of hearing: November 13, 2014