2012 QCCQ 9792, 2012 QCCQ 9792

Protection de la jeunesse — 121457 2012 QCCQ 9792 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000298-118 DATE: March 12, 2012 ______________________________________________________________________ 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 extension of an order in respect of X (2010[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On April 4, 2011, the Court declares that the security and development of the child are still considered to be in danger and entrusts him to his mother with supportive measures and a social follow-up until February 28, 2012. [ 3 ] The petition is based on the following assertions and facts :

a) since April 2011, the mother moved a few times with the children but she is now stable living in the same apartment since July 2011 ;

b) during the summer and in September, the father went to jail for few days to serve a sentence ;

c) in October 2011, the parents came back together ;

d) since then, their relation is unstable and not healthy for the mother and the children ;

e) the parents have broken up numerous times since over the last year ;

f) during the weekend of January 14, 2012 a fight occurred between the parents and the mother hurt the father by throwing in his face a candlestick ;

g) the mother admitted that the children were often witnesses of verbal violence between both parents ;

h) the children were both present in the apartment when the fight occurred between the parents ;

i) during that same night, the father threatened the mother to commit suicide ;

j) in January the father received a home arrest sentence for a period of nine months and he is living at Mrs C residence in Town A ;

k) the mother still has regular phone contacts with him ;

l) the situation of the family is still fragile ;

m) the mother collaborates very well with all the interveners ;

n) the family received regular services from an external educator ;

o) the mother recognized that she still needs the Youth protection services ;

p) the mother recently started to participate in workshops to improve her parental skills ;

q) Y just started to take medication (Ritalin); he is having serious behavioural problems at school ;

r) both children are presently evaluated by a pediatrician because they suspect a genetic problem because the parents are first cousins ;

s) both children have special needs and will be referred to specialized resources ;

t) the mother needs support to deal with all the services that her children needs ;

u) the father is unstable and has violent behaviours ;

v) the father did not go for alcohol and drug assessment nor for a follow-up. [ 4 ] At the hearing, the mother is present with her lawyer. The child is also represented.

The father is absent and unrepresented. [ 5 ] The mother and child's lawyers admit, in general, the situation described at the petition and consent to its conclusions. [ 6 ] The Court studied the psychosocial report as well as reports from an external educator. [ 7 ] The Court also examined criminal court's orders regarding the father. [ 8 ] Considering the evidence and the admissions and consents of the mother and child's lawyers, the Court grants the petition in the sense of its conclusions.

As the father is prohibited to have any contact with the mother and to be present in her residence (probation order) the Court will entrust the child to his mother at the exclusion of the father to make sure that the mother is also under such a legal obligation and she told the Court she understands and will abide by it. WHEREFORE, THE COURT : [ 9 ] 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 ; [ 10 ] ORDERS that X be entrusted to his mother at the exclusion of the father, Mr A ; [ 11 ] ORDERS that the parents inform the Director of youth protection of any change of address before moving ; [ 12 ] ORDERS that the mother and X receive the services of an external educator for the period deemed necessary by the Director of youth protection ; [ 13 ] ORDERS that the parents participate actively in the measures proposed by the Director of youth protection to correct the situation notably that : - they meet with the Director of youth protection when requested to do so ; - they maintain a stable home environment for X ; - they collaborate with all the professionals involved with X ; - they take the necessary measures to keep their home clean and free of violence for X ; - the mother attend the required workshops and services of the CLSC ; [ 14 ] RECOMMENDS that the father submits himself to a drug and alcohol assessment and a follow-up if deemed necessary by the professional ; [ 15 ] ORDERS that the contacts with the father be planned with the Director of Youth protection and that they take place without the presence of the mother ;

[ 16 ] ORDERS that the child receives all the medical services that he needs and that the mother gives the medication as prescribed by the doctor ; [ 17 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until February 15, 2013 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the child Me Andrée Rioux, for the mother Mr A, the father (absent)