2011 QCCQ 6559, 2011 QCCQ 6559

Protection de la jeunesse — 11924 2011 QCCQ 6559 QUÉBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT [...] LOCALITY [...] « Youth Division » N°: 115-41-000007-070 DATE: March 14, 2011 BY THE HONOURABLE JEAN-PAUL DECOSTE, J.C.Q. In the matter of: X Born on[…] , 1997 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth protection, […], town A, district A, province of Quebec; Petitioner and A Respondent mother and B Respondent father JUDGMENT ON A PETITION FOR REVISION OF ORDER ( Sections 95 ( par. 1 and 3) and 75 , Youth Protection Act, R.S.Q. c.

P-34.1 ) [ 1 ] On December 10, 2009, the Honourable Judge Henri-Rosaire Desbiens rendered, in the present case, a decision under

section 38/95 of the Youth Protection Act to the effect that the security and development of X were in danger, as appears from the court file; [ 2 ] On December 10, 2009, the Quebec Court, Youth Division, ordered in the present case the following measures: " Grants the present petition; DECLARES that the security and development of the child X are still considered to be in danger according to

section 38 of the Youth Protection Act ; EXTENDS the court order rendered on September 10, 2009, in the present file; ORDERS that X be entrusted to his father;

ORDERS that contacts between X and his mother be previously authorized by the Director of Youth Protection, who will set their modalities; ORDERS that parents participate actively in the application of the measures intended to put an end to the situation of endangerment, notably that: • they present and involve themselves in all the meetings planned by the Director of Youth Protection; • they advise the Director of Youth Protection of any difficulty which they can meet with regards to their parental responsibilities; • they meet with Director of Youth Protection when requested to do; • they do no talk in the presence of the child about the conflicts which oppose them, and that they take appropriate measures to forbid other persons from doing so; ORDERS that a person working for an establishment provide aid, counsel and assistance to the child X and his family until December 31, 2011; ENTRUSTS the situation of the child X to the Director of Youth Protection of the Centre de jeunesse A for the carrying out of the present measures." [ 3 ] The child's situation requires that the above-mentioned decision or order be revised, more particularly but not restrictively for the following reasons: 3.1 Since the last Court order, X, Y and both parents showed collaboration towards youth protection services; 3.2 In school, X and Y don't have behaviour problems and they are catching up slowly on the academic level; 3.3 The father cooperates with school, homework is done, the children have the material needed and are more organized; 3.4 The conflict between the parents, which was a major issue, is now imperceptible; 3.5 Tension between the parents is a lot less present and the children are not involved in that anymore; 3.6 Y visits his mother often and enjoys going to her place; 3.7 X does not visit his mother regularly and he rarely sleeps there; 3.8 The mother respects her children's decision regarding contacts, even if it hurts her sometimes; 3.9 Youth Protection Services are not required anymore since the intervention's objectives are reached; [ 4 ] The parties agree to proceed without a hearing; [ 5 ] The present petition is in the child’s best interest and respects his rights; [ 6 ] The present petition is well founded in fact and in law; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the present petition; [ 8 ] REVISES the court order rendered on December 10, 2009 in the present file; [ 9 ] DECLARES that the security and development of X are not considered to be in danger according to

section 38 of the Youth Protection Act ; [ 10 ] ORDERS that X's file be closed; __________________________________ JEAN-PAUL DECOSTE, J.C.Q. Me Janick Poirier Attorney for the Director of Youth protection Me Pierre Bousquet Attorney for the child Date of hearing : March 14, 2011