2012 QCCQ 8227, 2012 QCCQ 8227

Protection de la jeunesse — 124410 2012 QCCQ 8227 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 145-41-000381-118 DATE: June 14, 2012 ______________________________________________________________________ THE HONOURABLE HERMINA POPESCU J.C.Q.

PRESIDING ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Petitioner and X ( Born […], 2009 ) Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Do new facts arisen since this Court's order rendered on January 19, 2012 justify revision and extension of the aforesaid Court order? [ 2 ] The child lives since with his maternal grandmother who acts as a foster family and her evolution seems quite normal. [ 3 ] The parents are still together.

The mother did not yet complete her schooling as she works full time since the beginning of April 2012. The father completed his carpentry program and has been working since the end of April. [ 4 ] The parents did continue their couple counselling meetings for a very brief period.

As this type of counselling did not seem to give any positive results, they continued to meet with their counsellor, but on an individual basis. [ 5 ] Even if a child-parents visitation calendar was established, the parents did not respect it entirely, as it seems that the grand- mother did not want to let the child go on a visit as she was ill. However, the social worker clearly indicated to the grand mother that she can do any obstruction to these visits. [ 6 ] The child is quite young and vulnerable and her stability needs are high.

The maternal grandmother is the stable parental figure in the child's life. [ 7 ] The parents offer a very good collaboration. They have to realize they have to act in order to increase their presence in the child's life and to assume more and more their parental role so that they could be identified by the child as the stable parental figures they should be. [ 8 ] The parents seem to tend towards stability in their lives : they both work and live together.

Of course, the situation is not perfect, there are however positive results. [ 9 ] The Court considers that the security and development of the child are still in danger under

section 38b)ii) ot the Youth Protection Act. THEREFORE THE COURT : [ 10 ] DECLARES the security and development of X are still considered to be in danger according to

section 38b) (ii) of the Youth Protection Act;

[ 11 ] REVISES AND EXTENDS the Court order rendered on January 19, 2012 in the present case; [ 12 ] ENTRUSTS X to a foster family designated by the Director of Youth Protection until December 14, 2012, with a progressive integration with either parent and/or parents; [ 13 ] ORDERS that the contacts between child and parents be mutually determined by the parties and authorized by the Director of Youth Protection; [ 14 ] ORDERS that the parents offer X a home environment free of violence, drugs and alcohol abuse; [ 15 ] ORDERS that the parents be sober in the presence of the child and do not allow any person under the influence of alcohol or drugs to be in contact with the child; [ 16 ] RECOMMENDS that the parents continue to receive couple counselling as well as individual counselling, if needed; [ 17 ] ORDERS that a person working for an organization or an establishment provides aid, counsel and assistance to X and her family until December 14, 2012; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre jeunesse A for the carrying out of these measures. ________________________ Hermina Popescu J.C.Q.

Me Lynn-Ann Smith PARADIS, SMITH & POIRIER Attorney for the Director of the Youth Protection Me Andrée Rioux Attorney for the mother Me Mathieu Racine Attorney for the father Date of hearing: June 14, 2012 Filed : August 28, 2012