2011 QCCQ 11277, 2011 QCCQ 11277

Protection de la jeunesse — 113848 2011 QCCQ 11277 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000353-109 DATE: June 15, 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 extension of an order in respect of X (2001 […]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On December 8, 2010, the Court declares that the security and development of the child are considered to be in danger and entrusts him to a foster family with supportive measures until June 30, 2011 for the reasons enunciated in the judgment. [ 3 ] At the hearing, the parents are present and represented.

The child is also represented. [ 4 ] The parents admit, generally speaking, the situation described at the petition (the father denies any conflict between his girlfriend and the child) and they accept the recommendations of the Director of youth protection as well as the child's lawyer. [ 5 ] The Court studied the psychosocial report, several documents, reports and letters regarding the therapies and follow-ups of the mother and Mr C as well as the reports of the child's therapist.

[ 6 ] The parties agree that the child will be living alternately with a foster family and his father on a weekly basis. [ 7 ] Mr A has to understand that collaboration with the Director of youth protection's representatives is essential. He must involve himself genuinely with the external educator in order to really understand the special needs of his son regarding routine, structure, stability and supervision. [ 8 ] Taking care of the child's emotional needs is a must. [ 9 ] On the mother's side including Mr C, the situation evolves slowly but positively.

They are making efforts to address their substance abuse problem. [ 10 ] They still have to implicate themselves in the different follow-ups and cousellings for their several parenting and personal issues on a regular basis. [ 11 ] Considering the evidence and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection. WHEREFORE, THE COURT : [ 12 ] 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 ; [ 13 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection and to his father on alternate weeks ; [ 14 ] ORDERS that the visits with the mother be planned with the Director of Youth Protection, as long as deemed necessary ; [ 15 ] ORDERS to the mother to make sure that Mr C is not present during her child's visits at home and that he has no contacts with the child ; [ 16 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 17 ] ORDERS that the parents actively participate in psychological counselling to help them deal with their personal issues ; [ 18 ] ORDERS that X and his father benefit from an external educator to help them with behaviour, discipline, structure and routine if needed ; [ 19 ] ORDERS that neither parent talk negatively about the other in the presence of the child ; [ 20 ] ORDERS that the mother actively participates in a follow-up with addiction counsellor as long as deemed necessary ;

[ 21 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 22 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until November 30, 2011, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the DYP Me Marie-Christine Gagnon, for the child Me Daniel Mill, for the mother Me Andrée Rioux, for the father