2011 QCCQ 6226, 2011 QCCQ 6226

Protection de la jeunesse — 111373 2011 QCCQ 6226 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 105-41-000169-038 DATE: January 10, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ 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 ] The petition is based on the following assertions and facts :

a) the Director of youth protection is involved with the family since 2000 ;

b) X was entrusted to a foster family in March 2004 and never went back living with his parents ;

c) from 2005 until 2009, X remained in the same foster family, until his foster parents separated ;

d) since December 2009, X lives in the same foster family as his brother Y ;

e) in his new foster family X's behaviour has improved, he is polite, helpful and has a good relationship with his foster mother ;

f) the foster family is committed to take care of X until his majority ;

g) X suffers from intellectual deficiency ;

h) in school, X receives help to achieve his academic work and to improve his behaviour and social skills ;

i) X is also followed by a specialized educator from the A centre ;

j) the parents were assessed in the past and they lack parental capacities to take care of a child ;

k) the parents did not improve their parental skills ;

l) the parents cannot fulfill their parental responsibilities, as care, maintenance and education on a daily basis ;

m) the father has had a drinking problem for several years ;

n) because the parents did not spend quality time with X and his brother and could not ensure their security visits have been reduced ;

o) the parents separated in May 2010 and, since then, both of them have cancelled several visits with their sons ;

p) the parents' personal situation and limitations only permit short-time visits with their children. [ 3 ] At the hearing, the parents are present with their lawyer. They admit in substance the situation described at the petition and consent to its conclusions. [ 4 ] The child's lawyer, seeing the position of the parents and the report's content, considers that the placement of the child with a foster family until his majority is in his best interest. [ 5 ] The Court studied the petitioner's psychosocial report and the report of an educator of le Centre A.

The Court also examined the judgment rendered on December 7, 2009, by which Y (the child's brother) was also placed until his majority. [ 6 ] Both children are with the same foster family. [ 7 ] Considering the report's content, the judgment 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 Mr C and Mrs D as it is the foster family choosen by the Director of youth protection for X's long-term life project ;

[ 10 ] ORDERS that contacts between X and his parents be previously authorized by the Director of youth protection who will set their modalities agreed upon with the parents ; if there is no agreement, the Court will set them upon request ; [ 11 ] ORDERS that X receives all the medical, social, educational and specialized services required by his situation ; [ 12 ] AUTHORIZES the Director of youth protection, in the occurrence of impossibility to contact the parents or upon their unjustified refusal, to consent to routine or urgent health services and sign any medical authorizations deemed necessary ; [ 13 ] AUTHORIZES the Director of youth protection in the occurrence of impossibility to contact the parents or upon their unjustified refusal, to sign all documents or authorizations with regard to the normal life of a child (trips, summer camps, sports, cultural and social activities, school outings, passport demand, etc); [ 14 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 15 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre de Jeunesse A until […], 2016 (date of his majority) for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Daniel Mill, for the child Me Gisèle Cayouette, for the father Me Celestina Almeida, for the mother