2011 QCCQ 14304, 2011 QCCQ 14304

Protection de la jeunesse — 115186 2011 QCCQ 14304 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 105-41-000304-114 DATE: September 12, 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 protection purpose in respect of X (2001 […]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X lives with his siblings, his mother, her spouse, Mr C and his grandson ;

b) the father is completely absent from X's life ;

c) X has communication problems, severe difficulties in school and he is very isolated ;

d) X, and other children at home, are neglected, they have hygiene problems ;

e) until this summer, the family of seven people lived in a small two bedroom house ;

f) the family moved from Town A to Town B and their new house is more appropriate ;

g) the children are frequently absent from school ;

h) the children do not see the doctor or dentist even when they need to ;

i) Mr C and Ms B need help in order to answer the children's needs ;

j) Mr C is tired, sad and overwhelmed by the situation ;

k) Ms B is often sick. [ 3 ] At the hearing, the mother is present and unrepresented ; she admits, for the essential, the situation described at the petition and consents to its conclusions. [ 4 ] The father is not present and is absent from his child's life. His whereabouts are unknown.

The Court dispenses the Director of youth protection to serve him the petition. [ 5 ] The child's lawyer consents to the conclusions of the petition. [ 6 ] The Court studied the psychosocial report. [ 7 ] The Court maintains the child with the mother as she is ready to collaborate and make changes. [ 8 ] Considering the report's content and the position of the mother and the child's lawyer, the Court grants the petition in the sense of its conclusions. WHEREFORE, THE COURT : [ 9 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 10 ] ORDERS that X be entrusted to his mother ; [ 11 ] ORDERS that X receives all health care and social services that his situation requires ; [ 12 ] ORDERS that the mother complies with the professionals' advice concerning her son X , including medication ; [ 13 ] ORDERS that the mother actively participates to all measures suggested by the Youth protection director in order to correct the situation ; [ 14 ] ORDERS that X frequents school assiduously ; [ 15 ] ORDERS that the family works with an external educator if deemed necessary by the Youth protection director ;

[ 16 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 17 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until July 31, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Janick Poirier, for the petitioner Me Marie-Christine Gagnon, for the child Mrs B, the mother Mr A, the father (absent)