2011 QCCQ 18504, 2011 QCCQ 18504

Protection de la jeunesse — 117457 2011 QCCQ 18504 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000353-109 DATE: November 9, 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 revision and 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 June 15, 2011, the Court declares that the security and development of this child are still considered to be in danger and orders that he be entrusted to a foster family and to his father on alternate weeks until November 30, 2011, for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) the family's situation has improved notably in the last months ;

b) the mother has remained sober ;

c) Mrs B is very cooperative with services ;

d) Mr C also remains sober and has made remarkable positive lifestyle changes ;

e) since July, Ms B and Mr C have been progressively receiving visitations with their children ;

f) in August, Mr C was declared not guilty in the allegations of child abuse ;

g) the family works with an external educator regarding parenting, discipline, structure and routine ;

h) there were allegations of sexual abuse, but an investigation took place and showed not concrete evidence ;

i) Y is more defiant and tired at school when he is on his week with his dad ;

j) X is functioning normally at school and at home ;

k) the father is very involved when is required to do so ;

l) the father participate in counselling in the areas of parenting and dealing with any of his personal issues from his past experiences ;

m) the father has expressed that he is ready and willing to do what is takes to assure that his children are well ;

n) the relationship between Ms B and Mr A has also had a positive turnover ;

o) the parents are now able to take care of Y and X with help from the professionals involved ;

p) the parents are sharing the custody of Y and X. [ 4 ] At the hearing, the parents are present with their lawyers. They agree with the petition (the father declares that he is not the one involved with the sexual abuse signalement). [ 5 ] The child's lawyer agrees with the petition's conclusions. [ 6 ] The Court studied the psychosocial report. [ 7 ] Considering the report's content and the position of the parties, the Court concludes that the situation described in the petition is substantially proven and that its conclusions are in the interest of the child. WHEREFORE, THE COURT : [ 8 ] 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 ; [ 9 ] ORDERS that X be entrusted to his parents on alternate weeks ;

[ 10 ] ORDERS that the parents actively participate in psychological counselling to help them dealing with their personal issues ; [ 11 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 12 ] ORDERS that neither parents talk negatively about the other in the presence of the child ; [ 13 ] ORDERS that the mother actively participate in a follow-up with an addiction counsellor as long as deemed necessary ; [ 14 ] ORDERS that the parents benefit from an external educator to help them with behaviour, discipline, structure and routine as long as deemed necessary by the Director of Youth Protection ; [ 15 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 16 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until July 30, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Marie-Christine Gagnon, for the child Me Andrée Rioux, for the father Me Mathieu Racine, for the mother