2011 QCCQ 11274, 2011 QCCQ 11274

Protection de la jeunesse — 113845 2011 QCCQ 11274 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000350-105 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 (2007 […]) is referred to the Court by the Director of youth protection pursuant to

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

The mother is represented by a lawyer as well as the child. [ 4 ] The mother admits generally the situation described at the petition and she agrees with the recommendations of the Director of youth protection as well as the father and the child's lawyer. [ 5 ] The Court studied the psychosocial report as well as several documents, reports and letters regarding the therapies and follow-ups of the parents. [ 6 ] The evidence reveals that the situation evolves slowly but positively. [ 7 ] The parents made efforts to address their substance abuse problem. [ 8 ] They still have to implicate themselves in the different follow-ups and counsellings for their several parenting and personal issues on a regular basis.

[ 9 ] X is struggling with a serious problem of obesity. Since his placement, he lost over 20 pounds. Any person who is taking care of X must understand the gravity of his health issues and be conscious of his dietary intake. His demands for food must be addressed with the voice of reason and alternatives must be found to calm him down. [ 10 ] X is very impulsive and energetic. He requires constant supervision and most often will test limits.

The parents must learn techniques to be able to address this aspect with positive results. [ 11 ] As it is suspected that X exhibits symptoms of foetal alcohol syndrome (the mother admits consumption during pregnancy), X shall benefit from a psychological evaluation. [ 12 ] Amber is developing normally according to her age. [ 13 ] 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 : [ 14 ] 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 ; [ 15 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection until November 30, 2011 with a progressive reintegration with his parents ; [ 16 ] ORDERS that X benefits from a psychological evaluation; [ 17 ] ORDERS that the parent's visits with their child during the period of placement be authorized by the Director of youth protection, in agreement with the parents for the

schedule and the modalities, as long as deemed necessary; [ 18 ] ORDERS that the parents actively participate in psychological counselling to help them dealing with their personal issues including family violence; [ 19 ] ORDERS that the parents benefit from an external educator to help them with behaviour, discipline, structure and routine if needed ; [ 20 ] ORDERS that neither parents talk negatively about the other in the presence of the child ; [ 21 ] ORDERS that the parents actively participate in a follow-up with an addiction counsellor as long as deemed necessary ; [ 22 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 23 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 24 ] 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 Mr A, the father