2018 QCCQ 16322, 2018 QCCQ 16322

Protection de la jeunesse — 187311 2018 QCCQ 16322 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000428-160 DATE: October 2, 2018 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on [...], 2007) Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) 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 Town 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 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 ] She explains that there is no other concern with regard to X’s needs. However, the parents do not recognize that the house’s condition in the past was a problem for the chid.

This non recognition is disquieting considering the clear terms of the Court order rendered by Judge Poirier on December 11, 2017. [ 10 ] X is 11 years old. He is in grade 4, in spite of the fact that at his age he should be attending grade 6. He does not like school but is attending it regularly. He does not have behavior problems. [ 11 ] The preponderance of evidence establishes that the security and development of the child are still considered to be in danger because X is in a situation of serious risk that his basic physical needs will not be met. THEREFORE THE COURT :

[ 12 ] REVISES and EXTENDS the Court order rendered on December 11, 2017; [ 13 ] DECLARES that the security and development of X are still considered to be in danger; [ 14 ] ENTRUSTS the situation of the child to the Director of Youth Protection until May 31, 2019 , under the following conditions; [ 15 ] ORDERS that the child be entrusted to his parents; [ 16 ] ORDERS that a person working for on the establishment provides aid, counsel and assistance to the child and his parents; [ 17 ] 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