2011 QCCQ 2424, 2011 QCCQ 2424

Protection de la jeunesse — 11164 2011 QCCQ 2424 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-017413-055 Date: January 5, 2011 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born […] 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 5, 2011, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion for revision of an order, rendered on January 13, 2010 by the undersigned, whereby the now eleven year-old child, X , was entrusted to Ms Cfor a period of one year. [ 3 ] The facts alleged in support of the motion are as follows: 3.1 the child remained in the care of Mrs.

C who has been providing him with a stable, nurturing and structured home environment; 3.2 the child completed his school year at [Elementary School A]; 3.3 However, due to his maturity level, the child will be repeating his 6th grade at [Academy A] for the upcoming school year; 3.4 the child underwent a psychiatric consultation at the C.L.S.C. and psychotherapy was recommended along with the option to pursue counselling services from [Foundation A]; 3.5 the father continues to be incarcerated with a scheduled release in December 2010; 3.6 the father has maintained weekly telephone contact with the child and has had approximately four (4) visits while in detention; 3.7 the mother has not addressed her substance abuse issues;

3.8 the mother has had sporadic contact with the child; 3.9 since March 2010, following negative reactions from the child, the mother has ceased her communication with the child and the case worker; 3.10 the mother's whereabouts are currently unknown; 3.11 Mrs. C remains committed to caring for the child for as long as needed (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of Ms.

C, with aid, counsel and assistance, as well as additional corrective measures, until June 30, 2011. [ 5 ] The mother's whereabouts remain unknown. It was confirmed at the hearing that she has not communicated with her son or the worker since March 2010.

Under the circumstances, the Court proceeded in her absence. [ 6 ] The father, assisted by Me Morin, admitted most of the facts alleged to his knowledge and consented to the proposed measures. [ 7 ] Me Fafard, on behalf of the child, made a general admission and also consented to the proposed measures. [ 8 ] The Director filed Exhibit D-1 as evidence: D-1: Court report written by [social worker 1], dated September 27, 2010. [ 9 ] In

summary, the evidence establishes that Ms.

C has continued to provide for X's needs and remains committed to doing so. [ 10 ] She reports that the child has made great progress but is still waiting to receive psychological services for which he was assessed in June 2010. [ 11 ] She also insisted that she believes that X's father has always been a positive presence in the child's life. [ 12 ] He was released from prison on December 6, 2010 and she believes that there may be a chance of reconciling with him and resuming their relationship, although they will not be living together. [ 13 ] As for the father, he claims that his recent incarceration results from problems and issues he has put behind.

He wants to "start fresh"; his "days of drugs and alcohol are over", he says.

He is eager to become more involved in his son's life and wants to do what is necessary. [ 14 ] Under the circumstances, given the evidence, the admissions and the consent expressed, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest. [ 15 ] THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act for the reasons initially declared; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ORDERS that the child be entrusted to care of C until June 30, 2011; [ 19 ] TAKES JUDICIAL NOTICE that the father does not reside full-time in the same home as Ms.

C; [ 20 ] ORDERS that the frequency and modality of contact between the child and his parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 21 ] ORDERS that the mother meet with a Director of Youth Protection delegate four times before having contact with the child; [ 22 ] ORDERS that the frequency and modality of contacts between the child and his paternal aunt, Ms.

D, be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 23 ] ORDERS that the child receive all health care services required by his situation and more particularly that he receive therapeutic services, as long as deemed appropriate; [ 24 ] TAKES JUDICIAL NOTICE that a referral for therapeutic services for X has been made and that they are to be provided by the CLSL A ; [ 25 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the delegate when requested to do so; [ 26 ] ORDERS that the parents take steps to deal with their issues of alcohol and drug addiction and report to the Director of Youth Protection as to the steps they have taken;

[ 27 ] TAKES JUDICIAL NOTICE of the father's expressed desire to be a positive influence in his son's life and to do what is necessary in order to have contacts with him increased, as much as possible; [ 28 ] ORDERS the father to undergo random drug and alcohol testing; [ 29 ] TAKES JUDICIAL NOTICE of his consent to do so; [ 30 ] RECOMMENDS that the mother undergo random drug and alcohol testing; [ 31 ] ORDERS that aid, counsel and assistance be provided to the child and family; [ 32 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A Youth and Family Centres, who shall then see that the measures are carried out; [ 33 ] THE WHOLE until June 30, 2011.

TAYA DI PIETRO, Q.C.J. Me Georgia LIMPERIS / AL7489 Attorney for the Director of Youth Protection Me Alec FAFARD / AF7221 Attorney for the child Me Marc MORIN / AM8932 Attorney for the father Judgment rendered verbally on January 5, 2011 . TD/md