2012 QCCQ 18263, 2012 QCCQ 18263

Protection de la jeunesse — 12461 2012 QCCQ 18263 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000303-116 DATE: January 23, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ A Petitioner and X Child and B and C Parents and D Tutor of the child ______________________________________________________________________ JUDGMENT ON PROVISORY MEASURES ______________________________________________________________________ [ 1 ] A petition for provisional compulsory foster care in respect of X (2004-[…]) is referred to the Court by the Director of youth protection pursuant to sections 76.1 and 79 of the Youth Protection Act. [ 2 ] On September 12, 2011, the Court declares that the security and development of this child are considered to be in danger and orders that the child be maintained in the familial environment with supportive measures and a social follow-up until July 31, 2012, for the reasons enunciated in the judgment. [ 3 ] The Director of youth protection asks that the child be entrusted temporarily to a foster family. [ 4 ] The household consists in the following persons : Mrs E and her four children : Y and Z / F and G .

Are also present her husband, Mr D, and his grand-son X (the grandfather is the legal tutor of X). [ 5 ] At the hearing, Mrs E is present with her lawyer. She contests the petition as well as Mr G who left the courtroom after the afternoon recess of Friday the 20 th of January and did not come back today for the pleading and the decision.

[ 6 ] Mr H is absent and unrepresented. [ 7 ] Mr B is present Friday and unrepresented. He did not show up today (according to his wife, he is sick). [ 8 ] The children are represented by an attorney and only Z is present.

He contests the petition regarding Z but agrees with the Director of youth protection regarding the four other children. [ 9 ] The Court heard the testimony of Mrs A, the petitioner, as well as those of Mrs E and Mr B. [ 10 ] The evidence reveals that there were issues concerning Mrs E and Mr B 's financial situation, inappropriate clothing for the children considering the winter season, hygiene (children smelling bad odours) and health (G having been rushed to the CLSC by the petitioner and having been diagnosed a pneumonia and several other problems).

Also, the urgent intervention of January 11 th was necessitated by the children's report at school of a turmoil in the household the previous night. [ 11 ] Mrs E and Mr B brought forward some explanations for all these causes of concern. [ 12 ] Everything is not fully explained and there are still few worries and grey areas. [ 13 ] On the whole, the evidence is not convincing that there is a risk of serious prejudice if the child is returned home pending suit, although there are still problems to be addressed, which are the reasons for the September 12, 2011 decision. [ 14 ] The Court takes also into account the fact that Z is fourteen years old and less vulnerable.

She will likely not accept a dangerous or prejudicial situation for her and her siblings. [ 15 ] Also, we can expect that the school authorities will disclose any particular situation of interest for the Director of youth protection. [ 16 ] Also, Mrs E and Mr B collaborates to a certain extent and never made obstruction to the Director of youth protection's representatives who, according to them, are welcome in their home.

FOR THESE REASONS AND THE REASONS ENUNCIATED ORALLY AT THE HEARING, THE COURT: [ 17 ] DENIES the petition's conclusions but PRONOUNCES the following ones until the hearing on the petition for revision of order ; [ 18 ] MAINTAINS the conclusions of the September 12, 2011 ordinance ; [ 19 ] ORDERS Mrs E and Mr D to not allow or tolerate Mr B to be present in their home ; [ 20 ] ORDERS Mrs E and Mr D to be open and clear with the Director of youth protection, namely in regard with their financial situation and children's clothing ; [ 21 ] ORDERS Mrs E and Mr D to prepare a sum-up of their financial situation including debts and remit it to the Director of youth protection within 10 days ; [ 22 ] RECOMMENDS to the Director of youth protection to regularly visit the family, even without notice ; [ 23 ] SETS the hearing of the petition for revision and extension of an order to March 12, 2012, at the New Carlisle Court house ; [ 24 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A for the carrying out of the present provisory measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Janick Poirier,

for the DYP Me Alex Boudreau Leclerc, for the child Mr B, the father (absent) Mrs C, the mother (absent) Mr D, tutor of the child