2012 QCCQ 13256, 2012 QCCQ 13256

Protection de la jeunesse — 124614 2012 QCCQ 13256 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 505-41-007002-126 DATE : July 19, 2012 ______________________________________________________________________ BY THE HONOURABLE L’HONORABLE JEAN GRAVEL ______________________________________________________________________ IN THE MATTER OF THE CHILD: X, born on […] Child v. [SOCIAL WORKER 1] Petitioner and A B Parents ______________________________________________________________________ JUDGMENT (article 38 de la L.P.J.) ______________________________________________________________________ [ 1 ] In accordance with

section 38 of the Youth Protection Act, the Court is seized of a motion to have the security and development of declared in danger of X for the reasons appearing in paragraph of the motion. [ 2 ] With consent and to serve as evidence, the Director of Youth Protection filed various exhibits (D-2) in the record, as the minutes of the hearing show. [ 3 ] Through her attorney, the mother made admissions in support of paragraph 4 of the motion: a)b)c)d)e)f)g)admitted; h)I)j)ignore, k)admitted; l)ignore; m)n)admitted. The mother agreed with the measures sought. [ 4 ] Through her attorney, the child made admissions in support of paragraph 4 of the motion:

a) admitted; b)i. admitted; ii. denied; iii. ignore; iv. admitted; v. ignore; c)admitted; d)e)f)g)h)I)j)k)ignores; l)m)n)o)p)admitted. The child agreed with the measures sought. [ 5 ] The security and the development of the child are considered to be in danger for the following reasons: ⇒ On November 28 th , 2011, voluntary measures are signed between the parties, entrusting the child a rehabilitation center; ⇒ The child has serious behavioural disturbance, in the way that the child: .1. Is disrespectful; .2. Uses physical violence; .3. Makes fits; .4. Is not able to control his emotion; .5.

Is disorganized; ⇒ The child agrees with the prolongation of his placement in a rehabilitation center and verbalizes not being ready to return to his home; ⇒ The mother has important personal, psychological and physical difficulties; ⇒ The mother opposes herself to the contacts between the child and the father; ⇒ The mother verbalizes being scared that the father asks for the legal custody of the child;

⇒ The mother is not entirely transparent towards the petitioner until the month of April, but she is actually improving her collaboration; ⇒ The father verbalizes wanting that the contacts between the child and his self be increased; ⇒ The father verbalizes that his situation is now stable in [province A] and that he solved his personal difficulties; ⇒ The father verbalizes being ready to take care of the child; ⇒ The father verbalizes wanting to ask for the legal custody of the child; ⇒ The father respects his engagement with the petitioner regarding having regular contacts over the telephone with the child; ⇒ Since the last six months, the father came two (2) times to city A to visit the child; ⇒ The father wants the child to travel to [province A] before the end of summer to spend time with him. [ 6 ] The Director of Youth Protection presents the case of X to the Court. [ 7 ] X is a 12 year old boy that lives with his mother in city B. [ 8 ] X's father lives in [province A].

The parents have been separated for many years. [ 9 ] X's mother suffers form depression and mental problems for many years. The mother's situation is known by social services for the last 4 years. [ 10 ] X has demonstrated serious behavioural disturbances in the last year.

A contract on voluntaries measures was signed at the end of November 2011. [ 11 ] X was then entrusted to a group home and lives there since. [ 12 ] The Director asks that X remain in a rehabilitation center for the next year. [ 13 ] X has made some progress since his integration at the foyer A. [ 14 ] Mother has been offering a better collaboration in the last months. She is in contact regularly with her son. [ 15 ] The father communicates regularly with X by telephone. He came in city A to see his son twice in the last months. Father represents that he would like to have X with him.

He would collaborate with local social services. [ 16 ] The mother's health situation is still precarious.

She will not be able to exercise full parental responsibility for X in the near future. [ 17 ] X is aware of this situation and agrees to stay at the group home. [ 18 ] THEREFORE, THE COURT : [ 19 ] DECLARES that the security and development X are in danger; [ 20 ] GRANTS the motion; [ 21 ] ORDERS that the child X be entrusted to a rehabilitation center chosen by Le Centre jeunesse A; [ 22 ] ORDERS that the contacts between the child and his parents be upon an agreement between the parties; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 24 ] ORDERS that the child and his parents take an active

part in the application of the measures; [ 25 ] ORDERS that the child receive certain health care and health services, namely for problems for his adenoids as well as psychiatric and psychological assessment [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of le Centre jeunesse A for the execution of the judgment; [ 27 ] THE WHOLE FOR A PERIOD OF ONE YEAR. [ 28 ] THE WHOLE WITHOUT COST. __________________________________ JEAN GRAVEL , juge Cour du Québec Chambre de la jeunesse

Me François Arteau-Gauthier, procureur de la D.P.J. Me Jean-Pierre Gaudreau, procureur de l'enfant Date d’audience : 19 juillet 2012