2014 QCCQ 7364, 2014 QCCQ 7364

Protection de la jeunesse — 14358 2014 QCCQ 7364 JG1314 COUR DU QUÉBEC CANADA PROVINCE DE QUÉBEC DISTRICT DE [...] LOCALITÉ DE […] « Chambre de la jeunesse »

No : 525-41-024605-115 Date : Le 9 janvier 2014 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE : L’HONORABLE JUGE LUCIE GODIN, J.C.Q. ______________________________________________________________________ Dans la situation de l'enfant : X Née le : […] 2009 [INTERVENANTE 1] , personne autorisée par la Directrice de la protection de la jeunesse La personne requérante -et- A -et- B Les parents mis en cause ______________________________________________________________________ JUGEMENT ______________________________________________________________________ [ 1 ] À la demande et du consentement de toutes les parties, le Tribunal procède à une enquête commune dans la situation des enfants X et Y [ 2 ] Le Tribunal est saisi d'une requête ré-amendée en prolongation de la décision rendue le 20 novembre 2012 dans laquelle il rendait une décision en vertu de l'article 38 de la

Loi sur la protection de la jeunesse et confiait l'enfant à ses parents et certaines autres mesures visant à corriger la situation. Le tout prenait fin le 20 novembre 2013. [ 3 ] La mère admet tous les faits allégués dans la requête et exprime son accord avec les recommandations. [ 4 ] Le père admet les faits allégués et exprime son accord avec les recommandations.

État de compromission [ 5 ] Tenant compte des admissions formulées par la mère et par le père, de même que de la preuve documentaire, le Tribunal conclut que la situation de l'enfant exige une prolongation d'ordonnance pour les motifs allégués. [ 6 ] Le Tribunal retient les éléments suivants: [ 7 ] In January 2013, the father moved out of the home; [ 8 ] The father was coming to the home on a daily basis to help with the care of the child; [ 9 ] There has been improvements in the way the mother disciplines the child; [ 10 ] In May 2013, the worker was made aware that the father had moved back in with the family; [ 11 ] In July 2013, there was a physical altercation between the parents, and the mother required the father to leave the apartment; [ 12 ] The family received services from the Family Preservation Program and the situation has improved; [ 13 ] There continues to be issues with appointments, follow-ups, communication with service providers, including the Director of

Youth Protection; [ 14 ] The child's dental care continues to be of concern; [ 15 ] The father needs to be more consistent when it comes to helping the mother with the care of the child; [ 16 ] The parents have recently had conflictual interactions in the presence of the child; [ 17 ] Mesures [ 18 ] [L'intervenante 1], intervenante sociale, dans son rapport déposé sous la cote D-1 analyse ainsi la situation et la nécessité de l'intervention de la Directrice de la protection de la jeunesse (DPJ).

Elle s'exprime ainsi: «The family was originally brought to the attention of the Department of Youth Protection due to issues of neglect. Ms. A has taken the necessary steps to solve the issues related to infestation and mold. The issues of discipline, communication with services, and inconsistent involvement/lack of attention to school (homework and interaction with teachers) have been partially corrected. The family continues to have some difficulty communication with the school and attending required meeting (which seems largely to have been due to lack of organization). Ms. A and Mr.

B had begun to take a more active role in homework completion, as well as following through on discipline and trying to maintain a routine. Now that Mr. B no longer lives in the house, follow up will be needed to see how Mr. A can continue the gains that were previously made. The family had made many gains in their ability to interact positively with their children and there was an obvious pleasant atmosphere in the house during home visits. However, in recent weeks, Mr. B has presented himself to Ms. A's home and there have been open conflicts in the presence of the children.

Although there have been improvements in the family's ability to communicate with the Department of Youth Protection and the CSSS as well as attending the required meetings for these services, there continue to be concerns. In the last three months, Ms. A has been late for appointments with the [A Center], the dentist, and has missed appointments with Family Preservation workers. Ongoing concerns have been raised regarding the children's dental hygiene and care Mr. B and Ms. A's couple conflict directly interfered with Y arriving at her dental appointment.

There were also concerns that X was sent to school unnecessarily while his classmates were on a field trip due to lack of attentiveness to the notes there were sent home and more recently, information that he has been fighting at school. Given that Ms. A continues to struggle to ensure that all of the children's medical and educational needs are met and Mr. B is inconsistent in his ability to assist her, the children's security and development continue to be compromised under

article 38b) 2 of the Youth Protection Act .» [1] [ 19 ] Tenant compte que l'évolution de la situation est encourageante mais exige des mesures d'intervention de la DPJ, le Tribunal conclut que les recommandations sont dans l'intérêt de l'enfant. [ 20 ] EN CONSÉQUENCE, LE TRIBUNAL : [ 21 ] GRANTS the motion; [ 22 ] EXTENDS the decision that was rendered on November 12th, 2012; [ 23 ] DECLARES that the security and development of the child continue to be in danger for the reasons that are alleged; [ 24 ] ENTRUSTS X to the care of her mother; [ 25 ] TAKING NOTE that the father will not reside in the home; [ 26 ] ORDERS that both parents follow up with services recommended by professionals involved with the family, namely CLSC, medical interveners and schools; [ 27 ] ORDERS that both parents ensure that X attend school on a regular basis and on time, and that at least one parent attends any requested school meetings; [ 28 ] RECOMMENDS that mother follow through with the recommendations of her mental health assessment, including that she takes any medication that is prescribed by the doctor; [ 29 ] RECOMMENDS that both parents seek individual therapy to address their respective personal issues; [ 30 ] TAKES INTO ACCOUNT that father has said that he would contact CLSC within 30 days as of today; [ 31 ] ORDERS that aid, counsel and assistance be provided to the child and the family until October 14 th , 2014; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out. __________________________________ LUCIE GODIN, J.C.Q.

Me Marie-Josée Paiement Avocate de la DPJ Me Alec Fafard Avocat de l'enfant Date d’audience : 9 janvier 2014 LG/ce