2010 QCCQ 15273, 2010 QCCQ 15273

Protection de la jeunesse — 102272 2010 QCCQ 15273 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-003640-102 DATE: May 3 rd , 2010 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF : X Born : [...], 2001 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Petitioner -and- A , residing at [...], Town A, (Quebec), district A ; -and- B , residing at [...], Town A (Quebec), district A; Parents of the child -and- JD2182 COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director submits to the Court a motion for protection concerning the child X, born on [...], 2001. [ 2 ] The Director represents that the security and development of the child are in danger for the reasons listed in

paragraph 4 of the motion. [ 3 ] On December 29 th , 2009, the youth protection director decided that the security and the development of the child was compromised because the mother was not assuring his physical care and because of disparagement from the mother. [ 4 ] The mother recognized the situation and she agreed to receive services from youth protection director. [ 5 ] The relationship between the parents is really difficult to the point that the father did not see his children from the last six months arguing that the mother was causing him too much trouble. [ 6 ] The father is lightly mentally delayed and he is unable to read and write. [ 7 ] Even it the youth protection is involved, the father decided not to be involved in the life of the children being afraid of the reaction of the mother. [ 8 ] The children miss their father and particularly the good times they spent with him. [ 9 ] Both children have specific needs.

They have delay and problem in school, at home and they need to be support. [ 10 ] The child X has medical condition that needs for her to have a shut every week. [ 11 ] Both children have weight problems and difficulties with cleanliness and their social relation. [ 12 ] The mother recognized that she needs help because she feels overwhelmed; she is ready to collaborate with the youth protection director notwithstanding the fact that she is actually absent the day of the hearing. [ 13 ] The father now changes his mind and decided to be present in his children's life.

He wants to collaborate and to have contacts with them. [ 14 ] The Court states that the security and the development of both children are compromised because of a situation of neglect and because of a situation of bad psychological treatment.

The recommendations of the youth protection director are appropriate and in the interest of both children. [ 15 ] Considering the admissions and after the reading of the report(s), the Court is satisfied and therefore: [ 16 ] MAINTAINS the present motion; [ 17 ] DECLARES that the security and development of the child X are in danger; [ 18 ] 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 nine months ; [ 19 ] MAINTAINS the child with his mother; [ 20 ] ORDERS that the child and his parents will participate actively to the measures ordered; [ 21 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the child and her family; [ 22 ] AUTHORIZES contacts between the child and his father according an agreement between the parties; [ 23 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS J.C.Q.

Me Karine Nantais Procureure de la directrice Me Michel Robert Procureur de l’enfant Me Nadine Rousseau Procureure du père Date of hearing: May 3 rd , 2010