2011 QCCQ 16401, 2011 QCCQ 16401

Protection de la jeunesse — 115516 2011 QCCQ 16401 JD 2182 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-003695-106 DATE: September 19, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: […], 2003 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Declarant -and- A , (unknown address); -and- B , (unknown address); Parents of the child -and- COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The youth protection director submits to the court a motion for revision of a court decision asking that the security and

development of the child be declared compromised. The director wants the court to entrust the child to the maternal grandmother. [ 2 ] Despite the fact that the parents were aware of the court hearing, they are absent. Four days ago on September 8, the court has been submitted a motion for provisional measures in order to entrust the child to his maternal grandmother. At that day, the mother was present and insisted to proceed on the merit, today. [ 3 ] The mother's lawyer advises the court that he has no news from her client and would like to postpone the case.

The director and the lawyer of the child contested the demand of postponement. Because the mother insisted few days ago to proceed on September 12 th , the Court dismissed the motion for postponement. [ 4 ] The evidence reveals that the father has not been involved in the children lives for several years. He does not collaborate with the social services and has a drug and alcohol abuse problem. He has never attended an anger management class following allegations of domestic violence. [ 5 ] The mother has a drug and alcohol abuse problem. Since the last court order, the children have remained with their mother.

The child and his brother revealed that their mother has drugs problem and that she is often partying. She let them with unknown provider for few days. Children don’t even know the name of that person. Also, the children reveal that their mother drives fast when they are with her and they are scared. [ 6 ] The grandmother is significant for the children; she can provide them with a safe and stable environment.

The grandmother received information from mother's friend and from member of the family that the behavior of the mother was not safe for the children. [ 7 ] The evidence reveals also that the children were with their mother for a month and in that period of time, the mother made her children being not safe with her. [ 8 ] The court is convinced that the security and development of the children are in danger and that the recommendations of the director are in their interest. [ 9 ] The Court is satisfied and therefore: [ 10 ] MAINTAINS the present motion; [ 11 ] DECLARES that the security and development of the child X are still in danger; [ 12 ] REVISES AND EXTENDS the Court order rendered on July 19, 2010; [ 13 ] ENTRUSTS the situation of the child X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of six months : [ 14 ] ORDERS that the child be entrusted to as foster family and TAKES ACT that this foster family is the maternal grandmother Mrs C; [ 15 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 16 ] AUTHORIZES contacts between the child and their parents upon an agreement between the parties and in the presence of a third party designated by the youth protection director; [ 17 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS, J.C.Q.

Me Caterine Caron Procureure de la directrice Me Maryse Fournier Procureure de l’enfant Me Michel Robert Procureur de la mère Date of hearing: September 19, 2011