2011 QCCQ 14303, 2011 QCCQ 14303

Protection de la jeunesse — 115185 2011 QCCQ 14303 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 105-41-000303-116 DATE: September 12, 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 protection purpose in respect of X (2004[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X lives with his grandfather, his spouse, Mrs C and her four children ;

b) the parents are completely absent from X's life, he has not seen them for years ;

c) X's right hand and foot are paralyzed since his young age and he does not receive proper health care ;

d) X, and other children at home, are neglected, they have hygiene problems ;

e) until this summer, the family of seven people lived in a small two bedroom house ;

f) the family moved from City A to City B and their new house is more appropriate ;

g) the children are frequently absent from school ;

h) the children do not see the doctor or dentist even when they need to ;

i) Mr D and Mrs C need help in order to answer the children's needs ;

j) Mr D is tired, sad and overwhelmed by the situation ;

k) Mrs C is often sick. [ 3 ] At the hearing, the father, duly served, is absent and unrepresented. [ 4 ] The mother is not present and absent in her son's life. Her whereabouts are unknown. Therefore, the Court dispenses the Director of youth protection to serve the petition to the mother. [ 5 ] A lawyer represents the child. She agrees with the conclusions of the petition. [ 6 ] The child's grandfather was supposed to be present but he had to go to the hospital at City C for treatments. He is taking care of the child since almost his birth.

His spouse, Mrs C, is permitted to assist at this hearing. [ 7 ] The Director of youth protection's lawyer informs the Court that they will try to obtain the legal documents as the grandfather would have been granted the custody of the child by a court of justice in district A. [ 8 ] The Court studied the psychosocial report. [ 9 ] Considering the report's content and the position of the child's lawyer, the Court grants the petition in the sense of its conclusions. WHEREFORE, THE COURT : [ 10 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 11 ] ORDERS that X be entrusted to his grandfather, Mr D; [ 12 ] ORDERS that X receives all health care and social services that his situation requires ; [ 13 ] ORDERS that Mr D complies with the professionals' advice concerning X, including medication ; [ 14 ] ORDERS that Mr D actively participates to all measures suggested by the Youth protection director in order to correct the situation [ 15 ] ORDERS that X frequents school assiduously ;

[ 16 ] ORDERS that the family works with an external educator if deemed necessary by the Youth protection director ; [ 17 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until July 31, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Janick Poirier, for the petitioner Me Marie-Christine Gagnon, for the child Mr A, the father (absent) Mrs B, the mother (absent)