2012 QCCQ 13896, 2012 QCCQ 13896

Protection de la jeunesse — 12508 2012 QCCQ 13896 JC 1862 QUEBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN […] « Youth Division » N°: 105-41-000295-106 DATE : February 13, 2012 PRESIDED BY : JUDGE RICHARD CÔTÉ, J.C.Q. In the situation of : X Born on [...], 2001 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth protection, Town A, Petitioner - and - A Respondent mother - and - B Respondent father JUDGMENT ( Sections 95 ( par. 1 and 2) and 75 , Youth Protection Act, R.S.Q . c.

P-34.1) [ 1 ] The Director of Youth protection submits a motion for revision and extension of an order rendered February 2011 whereby the child X was entrusted to his father until august 30, 2011. [ 2 ] The facts alleged in support of the application are as follow: 5.1 Since the last court order, the situation has been improved positively; 5.2 Mrs A and Mr B have been involved seriously in the follow-up; 5.3 The mother's personal situation is better and she is involved in a psychotherapy follow-up; 5.4 The mother kept her house and environment clean and well organized; 5.5 The relationship between the mother and her children is good and they are happy to see each other more often; 5.6 The mother is listening more to the needs of her children; 5.7 The maternal grandfather is presently living with the mother; 5.8 Since the end of the school year, Mrs A and Mr B are planning by themselves the children's visits with their mother; 5.9 Mr B is doing his best with the help of his extended family to take good care of X and Y; 5.10 X is still receiving a psychological follow-up;

5.11 X was physically and verbally aggressive at school but after he was put on medication his situation improved; 5.12 X is still in need of specialized services for his difficulties; 5.13 At his father's house, X is listening more; 5.14 X is asking to stay at his father's place with visits at his mother; 5.15 The mother wants to help her children with their school homeworks; 5.16 X still needs stability and security. [ 3 ] In light of the foregoing, the Director recommends that the child be entrusted to his mother and his father on alternative weeks. [ 4 ] The mother and the father admit the alleged facts and consent to the proposed measures.

The child is assisted by counsel who agrees with the recommendations made by the Director. [ 5 ] The evidence establishes that the situation of X and his sister Y has improved since the order rendered by the Court in February 2011. [ 6 ] Both children have regular contacts with their mother and the relation between the mother and Mr B has improved. However, X's situation is preoccupying. In a psychosocial report, the social worker, [Social Worker 1] mentions : X is a child who needs support from his two parents. He is vulnerable and do have behaviour trouble and also learning difficulty.

X recognizes that he sometimes makes tempers. He also admits that he does not always remember what he can say or do during those moments. He works well with the Youth Protection and understands that this cannot continue like that. We are dealing with a child who needs support and is able to perform when he is well surrounded. Both parents want the best for their son and are ready to work with all services that he needs. For now, X has a good relation with both parents.

He is also happy to go to his mother and has good and quality time with her. [ 7 ] Despite those improvements, the security and development of both children remain endangered.

The court is satisfied that the motion is well founded and that the recommendations are in the child's interests. [ 8 ] THEREFORE, THE COURT : [ 9 ] GRANTS the motion for revision and extension; [ 10 ] DECLARES that the security and the development of X are in danger according to the Youth Protection Act ; [ 11 ] ORDERS that X be entrusted to his mother and father on alternatives weeks ; [ 12 ] ORDERS that when the child is with his father that he be authorized to go at his mother's place after school Monday, Wednesday and Thursday, for the purpose of his homework and for a period of one hour each time; [ 13 ] RECOMMENDS that the mother continue her follow-up for her personal issues; [ 14 ] ORDERS that both parents participate actively to the measures suggested by the Director of Youth Protection in order to put an end to the situation of endangerment; [ 15 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to X and his parents until June 30, 2012; [ 16 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre jeunesse A for the carrying out of the present measures. __________________________________ RICHARD CÔTÉ, J.C.Q.

Me Lynn-Ann Smith, for the Director of the Youth Protection Me Mathieu Rioux, for the child Me Claire Lévesque, for the mother Me Andrée Rioux, for the father Audience: February 13, 2012