2012 QCCQ 13123, 2012 QCCQ 13123

Protection de la jeunesse — 124759 2012 QCCQ 13123 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] « Youth Division »

N° : 105-41-000247-081 DATE : September 4, 2012 ______________________________________________________________________ HONOURABLE HERMINA POPESCU, JCQ PRESIDING ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Petitioner and X (born on […], 2001) Child et A Mother B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Have new facts arisen since this Court's order rendered on August 9, 2010 justify the revision of this order? [ 2 ] The child suffers of a non-specific pervasive developmental disorder which makes him more vulnerable than the other children of his age.

He's experiencing major difficulties in school and at a social level. [ 3 ] Indeed, he attended grade 5 classes, however he functions as a grade 1 or 2 classes. He benefited of teacher's aid in school. [ 4 ] The mother improved her communication with the school. Also, the child benefited of medical follow-up with a paediatrician. [ 5 ] Due to her personal limitations, the mother experiences some difficulties in understanding the child's complex situation.

The maternal grandmother helped her in taking care of the child, but unfortunately she passed away on October 26, 2011. [ 6 ] Since then, a friend of the family was often present at home to help the mother. As she worried for the family, she slept there most of the time. However, this help stopped in May 2012 due to a misunderstanding with the child's mother. Since then, the mother benefits of a 3 days a week help for house cleaning and cooking. [ 7 ] The mother willingly accepts these services.

She takes care of the child at the best of her abilities and loves him dearly. [ 8 ] The father is present in his son's life. They have regular phone contacts and see each other every summer. [ 9 ] Even if the situation slightly improved since the last Court order, the child's situation remains fragile and requires a close follow-up. The child needs stimulation and supervision in order to attain his full potential. [ 10 ] THEREFORE THE COURT: [ 11 ] DECLARES that the security and development of X are still in danger, according to

section 38b)1)(iii) of the Youth Protection Act ; [ 12 ] ORDERS that the child be maintained in his maternal home until […], 2013 ; [ 13 ] ORDERS that the child has regular contacts with his father, the whole according with the Superior Court judgment; [ 14 ] ORDERS that the child receives all the social, medical and specialised services he may require; [ 15 ] ORDERS that the mother benefits of respite care, if deemed necessary by the Director of Youth Protection;

[ 16 ] ORDERS that the parents actively participate in the application of the measures proposed by the Director of Youth Protection; [ 17 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and his parents until February 28, 2013 ; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the carrying out of the present measures. _______________________ Hermina Popescu J.C.Q. Me Louise Lemieux PARADIS, SMITH & LEMIEUX Attorney for the Petitioner Me Andrée Rioux Attorney for the child Me Richard Lavigne Attorney for the mother Date of hearing : September 4, 2012 Filed on : September 4, 2012