2014 QCCQ 13963, 2014 QCCQ 13963

Protection de la jeunesse — 142189 2014 QCCQ 13963 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Division »

N° : 145-41-000418-126 DATE : June 4, 2014 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, j.C.Q.. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision and extension of an order in respect of X (1999-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth protection act. [ 2 ] On July 16, 2013, after a certain period of placement of the adolescent in foster care, the Court declares that the security and development of the adolescent and her sister are still considered to be in danger and orders that they are entrusted to their mother with several follow-up and supportive measures for the children and their parents until June 30, 2014, for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts:

a) The children have been living with their mother on a full time basis until January 13, 2014;

b) On January 13, 2014, the Director of youth protection has learned that the mother has suffered a relapse of drug use;

c) The mother, at the same period of time, also met a new boyfriend who was constantly at her house;

d) The mother also started to yell at the children;

e) The children expressed that they did not want to live in the environment of their mother in the state it was then;

f) The paternal grandparents have been willing to help and receive the children with them as often as they wanted to;

g) The father still has to work on his personal issues before an integration in his environment can be planned;

h) In order to assess the situation of the mother and the extent of the relapse, an arrangement has been made with the children, the parents and the paternal grandparents to the effect that the children could stay at their paternal grandparents and to their mother’s based on the situation of the mother;

i) Since then, it appears that the children spend most of their time with their paternal grandparents, with the agreement of their parents, with the agreement of their parents, mostly like they were entrusted to them;

j) The situation of the mother did not evolve since January, and she is in a position to take care of her children currently;

k) The father is now cooperative with social services and makes great progress;

l) The children need a stable environment. [ 4 ] At the hearing, the father and the adolescent are present. The father admits the situation described at the petition and consents to its conclusions as well as the adolescent's lawyer. [ 5 ] The mother signed a document by which she consents to the recommendations of the Director of youth protection. [ 6 ] The Court studied the psychosocial report. [ 7 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of its conclusions. WHEREFORE, THE COURT : [ 8 ] 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; [ 9 ] ORDERS that X be entrusted to a foster home until August 1 st , 2014, with progressive integration into her father's home; [ 10 ] ORDERS that X be entrusted to the paternal home environment as of August 1 st , 2014; [ 11 ] ORDERS that X and her parents benefit from an external educator to learn coping skills and communication skills; [ 12 ] ORDERS that X and her parents actively participate in the application of any of the measures ordered by the Court or suggested by the Director of youth protection; [ 13 ] RECOMMENDS that Mr B continue to actively participate with counselling to improve his well-being along with active participation in anger management; [ 14 ] RECOMMENDS that Mrs A continue to actively participate with counselling to improve her well-being; [ 15 ] RECOMMENDS that X continue to work on her personal well-being with a psychologist, as long as deemed necessary by the psychologist; [ 16 ] ORDERS that all professionals providing services to X be authorized to exchange information between them in regards to X's situation; [ 17 ] ORDERS that a person working for an organism or an establishment provide aid, counsel and assistance to X and her family;

[ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre A until December 31 st , 2014 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Louyse A. Lemieux, for the petitioner Me Florence Frappier-Routhier, for the adolescent Mrs A, the mother (absent) Mr B, the father