2018 QCCQ 16570, 2018 QCCQ 16570

Protection de la jeunesse — 187299 2018 QCCQ 16570 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 105-41-000449-174 DATE: October 2, 2018 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on […], 2005) Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The applicant asks for revision and extension of the order rendered on December 11, 2017, by this Court. [ 2 ] In this order, judge Poirier declares that the security and development of X are in danger because of a failure to meet his basic physical needs (appalling state of the house in which he lives with his parents). [ 3 ] Judge Poirier underlines that a representative of the fire department of the city A testified that the generator of the house presented risks, as well as the two woodstoves and their chimneys.

The heating system did not meet the safety standards and the installation was not verified by an electrician. Therefore, fire hazards were present at the time. [ 4 ] Following this order, the family rented a house in Town B and started repair works on their house located in Town A. [ 5 ] The social worker, [social worker 1] testifies that this house in Town B was clean and tidy. As the repairs on the Town A home are now completed, the family is now back in this house. [ 6 ] [Social worker 1] visited recently the family house in Town A.

The yard is now cleaned, the parents installed a gate, therefore rendering the yard secure for the child. The inside of the house is also clean. [ 7 ] She explains that the parents did what the fire department told them to do and the situation seems back to normal. [ 8 ] However, she underlines that the main difficulty in this situation is related to lack of attendance in keeping clean the house. [ 9 ] X will soon be 13 years old. He was born prematurely with blood in his brain. He is severely mentally handicapped and is consulting health professionals (including a neurosurgeon) on a regular basis.

Because of this personal situation, he can not attend school. [ 10 ] The preponderance of evidence establishes that the security and development of the child are still considered to be X because Y is in a situation of serious risk that his basic physical needs will not be met. THEREFORE THE COURT : [ 11 ] REVISES and EXTENDS the Court order rendered on December 11, 2017; [ 12 ] DECLARES that the security and development of X are still considered to be in danger; [ 13 ] ENTRUSTS the situation of the child to the Director of Youth Protection until May 31, 2019 , under the following conditions;

[ 14 ] ORDERS that the child be entrusted to his parents; [ 15 ] ORDERS that a person working for on the establishment provides aid, counsel and assistance to the child and his parents; [ 16 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ HERMINA POPESCU, J.C.Q. Me Mylène Pelletier-Rivet Paradis, Smith and Lemieux For the applicant Me Réal Grenier Grenier, Grenier & Grenier For the child Me Isabelle Gagnon For the parents Filed on : October 12, 2018