2010 QCCQ 17337, 2010 QCCQ 17337

Protection de la jeunesse — 107232 2010 QCCQ 17337 JG1330 COUR DU QUÉBEC CANADA PROVINCE DE QUÉBEC DISTRICT DE […] LOCALITÉ […] « Chambre de la jeunesse » N° : 505-41-006269-106 505-41-006270-104 DATE : 23 décembre 2010 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE : L’HONORABLE JEAN GRAVEL ______________________________________________________________________ DANS L'AFFAIRE DES ENFANTS: X, né le […] 2002 Y, né le […] 2000 Enfants C. [INTERVENANTE 1] Requérante Et A B parents Et La commission des droits de la personne et des droits de la jeunesse. Mise-en-cause J U G E M E N T (article 95 (1), (2) & (3)) [ 1 ] Conformément à l'article 95 de la

Loi sur la protection de la jeunesse, le Tribunal est saisi d'une demande en révision d'une ordonnance rendue le 26 juin 2009 concernant la situation de l'enfant pour les motifs apparaissant à la requête. [ 2 ] De consentement et pour valoir preuve, la Directrice de la protection de la jeunesse a versé aux dossiers les pièces (D-2 à D- 7), tel qu'il appert au procès-verbal. [ 3 ] Me Hamel, pour la mère, admet l’ensemble des allégations continues à la requête. [ 4 ] Me Blouin, pour les enfants, ignore l’ensemble des allégations contenues à la requête. [ 5 ] La Directrice de la protection de la jeunesse allègue que la sécurité et le développement des enfants sont toujours compromis pour les motifs suivants : • Since the last court order the children have been reintegrated with the mother; • Since the last court order, The A Youth and family Centres Have been following the family; • Since June 2010, les Centres jeunesse A took on the responsibility of protection services for the family because the family has move to town A;

• At the time the mother was able to established a network of family and friends and local resources who helped her for different things; • The children were registered in A school and they seemed to adapt well although they still need academic support especially X; • The mother verbalize that she used cannabis as a medication against pain; • The mother assured your petitioner that she never takes cannabis in her children's presence; • Since June 2010, the services of an educator has been provided to the mother and her children; • In august 2010, both children were referred to psychologists; • In September 2010, X was referref to a speech therapist; • The mother accompanied her son for his first appointment with the speech therapist on November 25 th 2010 and her daughter to her first appointment with the psychologist on December 9 th 2010. • The mother is open to see a therapist for herself as soon as the situation allows it; • In August 2010, the mother couldn't afford her 850$/month apartment alone anymore and took in a new room-mate to help pay her rent; • The room-mate was a 20 year old man how was trying to refrain from drug abuse, he also had a girlfriend who had her own apartment but who spent most of her time with him; • Therefore the mother and her children had two new room-mates whom the mother sometimes asked to baby-sit her children; • When your petitioner examined the mother budget she learned that the mother was spending 50$/month on cannabis; • The mother's situation became very unstable during the fall; • Your petitioner was informed that the mother did not paid her rent for August, September and October 2010; • On October 28 th , 2010 the mother attended a random drug test and it came out positive for cannabis and cocaine; • In late October 2010, the mother found out that her room-mate was leaving; • On November 1 st , 2010 the mother got evicted from her apartment; • Your petitioner help the mother move in a shelter in town B; • This event for the mother and her children seemed to have been beneficial because they found the support, the organization, the resource and the boundaries they needed there; • The children attended school regularly again after missing some school in October; • The mother got help from [ …] to find an apartment and to get help for her budgeting; • The children adjusted well to the shelter environment; • On December 1 st , 2010, the mother moved with her children in a new apartment in town B; • At your petitioner's knowledge, the children have not been in contact with their father or Mr C since the last Court order. [ 6 ] All the facts alleged were validly proven. [ 7 ] THEREFORE, THE COURT: [ 8 ] DECLARES the security and development of the children still in danger; [ 9 ] ORDERS that the children be entrusted to there mother; [ 10 ] ORDERS that children and there family take an active

part in the application of any of the measures orders such as; [ 11 ] ORDERS that a person working for an instution or body provide aid, counsel or assistance to the child and the child's family; [ 12 ] ORDERS that the contactss between the child and Mr. C and Mr. B be forbidden; [ 13 ] TAKE ACT to the agreement of the mother to go drugs tests; [ 14 ] ALL measures for a period of 9 months;

[ 15 ] ENTRUST the situation of the chid to the Director of Youth Protection of le Centre Jeunesse A for the execution of the measures; [ 16 ] THE WHOLE WHITHOUT COST; __________________________________ JEAN GRAVEL, juge Cour du Québec Chambre de la jeunesse Me Marie-Luce Abarrategui Procureure de la DPJ Me Marie-Pierre Blouin Procureure des enfants Me Éric Hamel Procureur de la mère Date d’audience : 23 décembre 2010