2012 QCCQ 18252, 2012 QCCQ 18252

Protection de la jeunesse — 127622 2012 QCCQ 18252 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-003222-083 DATE: September 14, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […] 2007 Child THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents a motion for revision of a Court decision rendered on April 27, 2011 concerning the child X, born on […], 2007.

[ 2 ] The last judgment entrusts the child to his maternal grandparents, with whom the mother also resides, as well as other various measures of aid and support for one year. [ 3 ] The Director alleges that the parent's progress, particularly as to their sobriety, justifies a revision and prolongation of the intervention, entrusting the child to his mother with measures of aid and support for another year. [ 4 ] The hearing proceeds in virtue of article 95 (3) of the Youth Protection Act with the production of an agreement of non- attendance by the parties to an uncontested Court hearing, as well as the report on the situation of the child.

The attorney for the child confirms her agreement as to the measures requested. [ 5 ] Since the last Court order, the mother initially lives with her parents while assuming the primary care of her child. The child progresses generally well in his milieu, although issues remain as to the imposition and respect of limits. [ 6 ] The mother is able to understand the intervention and apply the tools and means offered to her, although she requires support to maintain her efforts. Her sobriety suffers a recent relapse as to the consumption of marijuana. [ 7 ] In June 2012, the mother moves into an apartment.

This allows an easing of tensions with the grandparents, who play an important role supporting the mother and the child. [ 8 ] The father successfully completes a drug therapy program from March until August 2011, and maintains his sobriety. His contacts with his son are regular and stable. [ 9 ] The parents relationship continues to be inconsistent and punctuated by cyclical conflicts and separations.

The fragility of their relationship maintains an element of precariousness, which constitutes a serious risk for X's security and development. [ 10 ] The parents devotion to their son fuels their efforts for change in their respective situations and since the last judgment, the results are tangible and positive. [ 11 ] The parties agree that the situation justifies the continued implication of social services to shoulder their efforts and ensure the concrete integration of their progress. [ 12 ] Having studied the evidence submitted, the Court is satisfied that the allegations of the motion are proven and give way to the measures suggested. [ 13 ] FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child are still in danger; [ 16 ] REVISES the Court order rendered on April 27, 2011 in the present file; [ 17 ] ORDERS that the child remain with his mother; [ 18 ] AUTHORIZES the contacts between the child and his father according to an agreement between the parties; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his parents for a period of one year; [ 20 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered; [ 21 ] ORDERS that the child receive certain health care and health services, specifically an assessment with a speech therapist; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: September 14, 2012