2011 QCCQ 14329, 2011 QCCQ 14329

Protection de la jeunesse — 115211 2011 QCCQ 14329 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000369-105 DATE: September 14, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision of an order in respect of X (2006-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On March 2, 2011, the Court declares that the security and development of this child are considered to be in danger and orders that he be returned with his mother at the exclusion of the father including several supportive measures until December 30, 2011, for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) X was returned with his mother in March 2011, after a few months in foster care ;

b) the mother still goes out with the same boyfriend, who has personal problems and violent behaviours ;

c) both the mother and her boyfriend have alcohol related issues ;

d) on July 2, the boyfriend threw the mother and X out of his house, he was screaming and throwing their clothes out on the ground, in the presence of X ;

e) from July 2 until July 16, Mrs B and X resided in "A House", X was enrolled in day care and the mother was cooperative with services ;

f) the mother and her boyfriend were back together shortly after he threw her out ;

g) on August 4, the mother was warned she had to find a babysitter because she was planning to attend a big party on the week-end and drink alcohol ;

h) on August 7, at 1:30 at night, X was found alone in a ditch, where the party took place ;

i) X was cold, wet and hungry and he was trying to get into a car ;

j) X was entrusted to social services and the mother was found later by the police, highly intoxicated, sleeping in her car ;

k) the father's visits with X started recently. [ 4 ] At the hearing, the parents are present and represented. They admit the situation described at the petition and accept the recommendations of the Director of youth protection except that the father would prefer that the visits of X at his mother's be supervised. [ 5 ] The child's representative accepts the recommendations of the Director of youth protection. [ 6 ] The Court studied the psychosocial report, a counsellor's report of A House and reports of an external educator regarding the supervision of the parents/child contacts.

The Court also examined police occurrence reports. [ 7 ] Considering these report's content and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection. As for the supervision of the mother/child contacts, it is not necessary as they will be during daytime and well structured. WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection ; [ 10 ] ORDERS that the mother actively participates in an addictions assessment with follow-up and treatment if deemed necessary ; [ 11 ] ORDERS that the mother benefits from an external educator to support her with structure, routine and safety ;

[ 12 ] ORDERS that both parents assure that X is in a violent free environment while visiting with them ; [ 13 ] ORDERS that visits with the father be authorized and supervised by the Director of youth protection as long as deemed necessary ; [ 14 ] ORDERS that the visits with the mother be planned with the Director of youth protection and be without the presence of C ; [ 15 ] ORDERS that neither parent be under the influence of drugs or alcohol in the presence of X ; [ 16 ] ORDERS that the mother receives counselling for her personal issues ; [ 17 ] ORDERS that the mother has permanent stable home environment for her son X ; [ 18 ] ORDERS that neither parent talk negatively about the other in the presence of their son X ; [ 19 ] ORDERS that the father continues to receive counselling support to deal with his personal issues as long as deemed necessary by the counsellor ; [ 20 ] ORDERS that the father continues to receive support in regards to his addictions as long as deemed necessary by the counsellor ; [ 21 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 22 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to X and his family ; [ 23 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until May 31, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Andrée Rioux, for the child Me Marie-Christine Gagnon, for the mother Mrs Florence Frappier-Routhier, articled student in law at the Legal Aid Office, for the adolescent