2012 QCCQ 19481, 2012 QCCQ 19481

Protection de la jeunesse — 128615 2012 QCCQ 19481 JT 1052 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Division No: 550-41-000871-119 DATE: December 20, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LOUISE TURPIN ______________________________________________________________________ In the case of: X Born […], 2004 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] X's situation is still, by all measures, in need of stability.

He has been living on and off in foster family since July 2009. [ 2 ] It is clear for Mrs. [social worker 1], who has been X's social worker for quite a while, that the last six months have had its share of ups and downs. Especially, she writes that "there have been numerous incidents that have given us no choice but to question the father's honesty and understanding his son's needs". [ 3 ] But for now, and more specifically, she persuasively argues that X should reside with his current foster family for the next three years.

As a matter of fact, she is aiming for a co-parental agreement between the parents and the fost er family. [ 4 ] Mr. A does not agree with his son's placement and wants X back with him immediately. [ 5 ] Why? As best as we can tell, there are three plausible explanations. [ 6 ] One, Mr.

A is of the view, that his alcohol consumption is under control, he is being tested for alcohol and he attends meetings at […]. [ 7 ] The other, is that he has adequate shelter. [ 8 ] And finally, if X moves back with him, he has the possibility to attend as early as January 2013, A School. [ 9 ] What is striking about this school is the equipment at the disposal of the teachers working with children in specific needs. As a matter of fact, X would benefit from a one on one approach, a speech therapist and the A Program. [ 10 ] There is no question that he would greatly benefit from such a program.

However, what he really needs for now is stability and the only way to obtain it is with a dependable and reliable solution. [ 11 ] The law is clear: when the return of a child with his parents is neither feasible nor viable, the Court must make an order aimed at ensuring continuity of care, stable relationship and durable and reliable living conditions. [ 12 ] The social worker's recommendation is legal and targets the real issue, namely assuring X's stability. [ 13 ] Let us be clear, a lot of services have been offered to this family.

X was at on point entrusted to his father and unfortunately this did not work. Persistent difficulties required that he be confided to his foster family. [ 14 ] X has specific needs. He has been diagnosed with borderline deficiency. He has difficulty hearing. He is in grade two but doing

kinder garden work. [ 15 ] School has to be interesting and teachers must to motivate him constantly. [ 16 ] Mr. A's position is unrealistic and X's lawyer short-term approach is counterproductive. [ 17 ] In short, it is unseemly that X lives with his father in the near future. [ 18 ] Our main objective is to focus on a cohesive and durable solution. [ 19 ] This three years term in foster care is the solution. It is sufficient to outline and shape the co-parental project and neither too long for Mr.

A to cop-out. [ 20 ] Finally, it is fair to say that X and his father are very close and this relationship must be preserved at any cost. [ 21 ] It is also fair to state that X benefits from the visits with his mother. [ 22 ] It is also important to mention that X is in an environment where his foster parents can take care for him and help him with his learning and development disability.

CONSEQUENTLY THE COURT : DECLARES that the security and development of the child is still compromised; GRANTS the petition; REVISES AND EXTENDS the decision rendered on January 24 th , 2012 by the undersigned; ORDERS that the child be entrusted into foster care for a period of three years; ORDERS that the contacts between the child and his parents be according to the modalities of the centre jeunesse A and supervised if judged necessary; ORDERS that the child is never in the presence of alcohol and/or drug consumption; ODERS that the child receives the required services for his needs and that the recommendations are applied; ORDERS that the father actively participates in a service for alcohol dependency program and that he applies the recommendations; ORDERS that the mother actively participates in a personal counselling service and applies the recommendations; ORDERS that the parents actively participate in a service for parental abilities and applies the recommendations; ORDERS that the parents actively cooperate in the elaboration and application of the intervention plan; ORDERS that a person authorized by the Director of the Youth Protection provides aid, counsel and assistance to the child and the family for a period of three years; ENTRUSTS the situation of the child to the Director of Youth protection of les Centres jeunesse A, who shall then see that the measures are carried out; ORDERS any person concerned by the present order to conduct accordingly. __________________________________ LOUISE TURPIN, J.C.Q.

M e Danielle Pharand For Me Couture Attorney of the Director of Youth Protection M e Manon Guitard Attorney of the child M e Marie-Christine Fournier Attorney of the mother

M e Richard Legendre Attorney of the father Date of hearing: December 7, 2012 /rg