2011 QCCQ 12829, 2011 QCCQ 12829

Protection de la jeunesse — 114526 2011 QCCQ 12829 JD 2182 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-003855-106 DATE: August 8, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: […], 2004 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Declarant -and- A , residing at […], city A (Québec), district of A; -and- B , actually detained at Center A, […], city B (Québec); Parents of the child -and- COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A motion for extension of a Court decision rendered on February 9, 2011 is submitted to the court concerning the child X,

born on […], 2004. [ 2 ] Since the last Court order, the children have been maintained in the care of Mr. C and Mrs. D and they are evolving very well. [ 3 ] The contacts between the children and their mother took place once a week, for a few hours, at the mother's place. The children enjoy the contacts with their mother. [ 4 ] The mother still has difficulty taking care of the basic needs of the children.

On a few occasions, there was no food in the fridge and the mother didn't have any money to get food so the grandparents had to buy some. [ 5 ] X's self esteem dropped after the visits with the mother. [ 6 ] The mother receives services from the CLSC every second week to improve her basic parenting skills.

She completed a follow-up with Santé mentale adulte and is taking her anti-depressants and has a regular follow-up with her doctor. [ 7 ] The mother registered herself in a four weeks parenting course. [ 8 ] The father has had one phone contact with the children since the last Court order and has not asked for any other contact being incarcerated. [ 9 ] For the next six months, the objective of the youth protection director intervention would be to proceed with a very gradual integration of the three children at their mother's place.

Children expressed that they miss their mother and they seems to be ambivalent being well at their grandfather, but missing their mother. [ 10 ] The Court is convinced that the security and the development of the children are still in danger because of a situation of neglect and a risk of sexual abuse from the father.

The recommendations of the youth protection director are appropriate and in the interest of the children. [ 11 ] Considering the admissions and after the reading of the report, the Court is satisfied and therefore: [ 12 ] MAINTAINS the present motion; [ 13 ] DECLARES that the security and development of the child X are still in danger; [ 14 ] REVISES AND EXTENDS the Court order rendered on February 9, 2011; [ 15 ] ENTRUSTS the situation of the child X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of six months : [ 16 ] ORDERS that the child be entrusted to Mr.

C and Mrs. D; [ 17 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 18 ] AUTHORISES contacts between the child and his father according to an agreement between the parties in the presence of a third party chosen by the youth protection director; [ 19 ] AUTHORIZES contacts between the child and his mother according to an agreement between the parties; [ 20 ] ORDERS that the mother take an active

part in the application of the measures; [ 21 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS, J.C.Q. Catherine Boucher Véronneau Stagiaire pour le directeur de la protection de la jeunesse Me Michel Robert Procureur de l’enfant Me Catherine Perron pour Me Maryse Fournier Pour la mère Date of hearing: August 8 th , 2011