2011 QCCQ 18539, 2011 QCCQ 18539

Protection de la jeunesse — 117484 2011 QCCQ 18539 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000351-103 DATE: November 9, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision and extension of an order in respect of X (2008 […]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On June 15, 2011, the Court declares that the security and development of this child are still considered to be in danger and orders the continuation of her placement with a foster family until November 30, 2011, with progressive reintegration within the familial environment for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) the family's situation has improved notably in the last months ;

b) the mother has remained sober ;

c) Mrs B is very cooperative with services ;

d) Mr A also remains sober and has made remarkable positive lifestyle changes ;

e) since July, Ms B and Mr A have been progressively receiving visitations with their children ;

f) in August, Mr A was declared not guilty in the allegations of child abuse ;

g) the family works with an external educator regarding parenting, discipline, structure and routine ;

h) there were allegations of sexual abuse, but an investigation took place and showed not concrete evidence ;

i) the parents are now able to take care of X, Y and Z, with help from the professionals involved. [ 4 ] At the hearing, the parents are present and only the mother is represented. They agree with the petition's conclusions as well as the child's lawyer. [ 5 ] The Court studied the psychosocial report. [ 6 ] Considering the report's content and the position of the parties, the Court grants the petition in the sense of its conclusions. WHEREFORE, THE COURT : [ 7 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 8 ] ORDERS that X be entrusted to her parents ; [ 9 ] ORDERS the parents to actively participate in psychological counselling to help them dealing with their personal issues including family violence ; [ 10 ] ORDERS the parents to actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 11 ] ORDERS that the father benefits from anger management follow-up for the period deemed necessary ; [ 12 ] ORDERS that neither parents talk negatively about the other in the presence of the child ; [ 13 ] ORDERS the parents to actively participate in a follow-up with an addiction counsellor as long as deemed necessary ;

[ 14 ] ORDERS the parents to work with an external educator to help them with behaviour, discipline, structure and routine as long as deemed necessary by the Director of youth protection ; [ 15 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 16 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until July 30, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Me Marie-Christine Gagnon, for the child Me Mathieu Racine, for the mother Mr A, the father