2013 QCCQ 8273, 2013 QCCQ 8273

Protection de la jeunesse — 131483 2013 QCCQ 8273 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 105-41-000247-081 DATE: May 6, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [INTERVENANT 1] Petitioner and X , born on […], 2001 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] X, who is twelve year-old, is subject to a follow-up by the director of youth protection since 2008. [ 2 ] X used to live with his mother and maternal grandmother, until the grand-mother passed away in October 2011. [ 3 ] The child suffers from a non-specific pervasive developmental disorder. [ 4 ] He has major difficulties in school. [ 5 ] The mother has personal limitations and few parental abilities.

She cannot fully understand her child's complex situation. [ 6 ] Despite the facts that he lives hundreds of kilometres away from his son, the father remains present in his life. They have regular phone contacts and see each other every summer. [ 7 ] Last February, the Court ordered that the child remain with his mother and the director of youth protection apply protective measures until next August.

[ 8 ] The director of youth protection is now asking the Court to revise that order and entrust the child to his father. [ 9 ] Neither the child nor his parents are present at the hearing. Mother's and son's attorneys, for their clients, agree with the conclusions sought by the director of youth protection. As for the father, he sent a letter stating his consent to the measures. [ 10 ] The situation deteriorated shortly after the last court order. [ 11 ] The mother cannot take proper care of her son anymore. [ 12 ] As a matter of fact, it is the child who is now taking care of his mother.

He cooks for her, worries about her health and watches over her. The child doesn't go outside to play in the yard, because he wants to be present in order to take care of his mother. [ 13 ] Hygiene conditions at home are poor. There are smells of urine at home.

Furthermore, several people noted that the child stinks urine and wears dirty clothes. [ 14 ] Last March, the child was entrusted to his father under provisional measures and he has remained there since then. [ 15 ] The child is adapting to his new environment and he gets along well with his father and his father's spouse. [ 16 ] The father's home was assessed and the father and his spouse are able to provide the child with the necessary care, love and support he requires. [ 17 ] It is in the child's best interest that he be entrusted to his father.

THEREFORE, THE COURT: [ 18 ] GRANTS the present petition for revision of order; [ 19 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act; [ 20 ] ORDERS that X be entrusted to his father, B; [ 21 ] ORDERS that contacts between X and his mother take place according to an agreement between the parties; [ 22 ] ORDERS that X and his family benefit from services from a specialised educator for as long as necessary; [ 23 ] ORDERS that X receive all the social, medical and specialised services that he may require in regards to his personal situation; [ 24 ] ORDERS that the parents actively participate in the application of the measures proposed by the director of youth protection; [ 25 ] ORDERS than a person working for an establishment provide aid, counsel and assistance to X and his family until November 30, 2013; [ 26 ] ENTRUSTS the situation of X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.C.Q.

ME LOUYSE A. LEMIEUX for the petitioner ME STÉPHANIE CARRIER for the child ME FLORENCE FRAPPIER-ROUTHIER for the mother

the father (absent) Date of hearing: May 6, 2013