2013 QCCQ 11997, 2013 QCCQ 11997
Opinion
Protection de la jeunesse — 134105 2013 QCCQ 11997 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 105-41-000324-120 DATE: August 19, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X , born on […], 2003 Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] JP2122 X is a vulnerable child, with special needs.
He is on remission of leukemia, suffers from an eating disorder and requires a close follow-up with health professionals. [ 2 ] His mother struggles with long-lasting personal issues, notably a drinking problem. [ 3 ] The child has been living with his grandparents since spring of last year. In June 2012, the Court entrusts X to his grandmother and orders protection measures. [ 4 ] The court is now seized with a petition for revision and extension of that order.
[ 5 ] As it was the case at the previous hearing, the mother is not present. She left the area a few months ago and would be in [A Province] at this time. She had contacts with her son, at her residence, on a weekly basis, from last November until May. She was then living at her uncle's and he was present during X's visits. [ 6 ] The mother did not undertake therapy in regards with her addiction problem. [ 7 ] X was diagnosed with Asperger's syndrome. He is still on remission from leukemia. [ 8 ] With help from professionals, the grandparents are able to meet the child's needs.
Moreover, they offer their grandson a secure and stable environment. X states that he wants to remain at his grandparents. He is well adapted and appears to be happy there. The grandparents are willing to take care of him for a longer period of time. [ 9 ] The petition is well founded, in the best interest of that child. THEREFORE, THE COURT: [ 10 ] GRANTS the present petition; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act; [ 12 ] REVISES AND EXTENDS the Court order rendered on June 11, 2012; [ 13 ] ORDERS that X be entrusted to his grandmother, Mrs X, until June 30, 2014; [ 14 ] ORDERS that the modalities of contacts between X and his mother be set by the director of youth protection, in agreement with the mother and the grandmother, and that they take place in the presence of one of the grandparents, as long as deemed necessary; [ 15 ] AUTHORIZES the grandmother, Mrs B, to sign any required consent with regards to healthcare and social services, if the mother cannot be reached; [ 16 ] ORDERS that the mother participate in all measures proposed by the director of youth protection; [ 17 ] RECOMMENDS that the grandmother participate in all measures proposed by the director of youth protection; [ 18 ] RECOMMENDS that a life project be established for the child X during the next measures; [ 19 ] RECOMMENDS that the mother undertake follow-ups for her substance abuse issues and prove that she can maintain a stable and consistent lifestyle; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child X and his family until June 30, 2014; [ 21 ] ENTRUSTS the situation of the child X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present measures. __________________________________ JANICK POIRIER, J.Q.C.
ME LOUYSE A. LEMIEUX for the petitioner ME GISÈLE CAYOUETTE for the child MRS A the mother (absent)
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