2013 QCCQ 2326, 2013 QCCQ 2326

Protection de la jeunesse — 13179 2013 QCCQ 2326 CANADA PROVINCE OF QUEBEC DISTRICT OF […] JB3794 COURT OF QUEBEC YOUTH DIVISION N° : 525-41-022228-092 DATE : January 16, 2013 ______________________________________________________________________ IN THE PRESENCE OF : HONORABLE CAROLE BROSSEAU, J .C .Q . ______________________________________________________________________ In the case of : X Born on […], 2007 ______________________________________________________________________ JUDGMENT ON DECLARATION UNDER

SECTION 95 OF THE YOUTH PROTECTION ACT ______________________________________________________________________ [ 1 ] GIVEN that the mother has been able to establish her own residence only last Monday; [ 2 ] GIVEN that the mother previously has had a transient life, residing with friends or family members; [ 3 ] GIVEN that the child's situation has improved since he receives regular services from Home A personnel; [ 4 ] GIVEN that the mother has recently resumed her contacts with her son; [ 5 ] GIVEN that the mother maintains weekly telephone contacts and visitation every three weeks; [ 6 ] GIVEN that the child was diagnosed with mild mental retardation and presents substantial problems with language and non- verbal reasoning, motor development and other developmental delays; [ 7 ] GIVEN that the lack of permanent residence has negatively impacted the Director of Youth Protection's efforts at finding an appropriate resource for the child entrustment; [ 8 ] GIVEN that Home A and center A require a new psychological assessment before the child's 6 th birthday to confirm the diagnosis of global developmental delay to continue to provide services to the child; [ 9 ] GIVEN that the child has shown consistent improvements and has retained all he has learned in all domains; [ 10 ] GIVEN that the child's needs require a A foster home to address his developmental delays and his difficult behaviors; [ 11 ] GIVEN that the mother is unable to resume the care of her son; [ 12 ] GIVEN that the father has not be involved in his son's life for many years; [ 13 ] GIVEN the history of neglect of this family and the special needs of the child; [ 14 ] GIVEN that the child requires special services and should attend a specialized school to meet his needs; [ 15 ] GIVEN the best interest of the child and the parties' agreement to the measures recommended by the Director of Youth Protection; [ 16 ] THEREFORE, THE TRIBUNAL : [ 17 ] GRANTS the petition ; [ 18 ] DECLARES that the security and the development of the child are still endangered in conformity with the Youth Protection Act ;

[ 19 ] EXTENDS and REVISES the orders rendered on January 10, 2012; AS FAR AS THE MEASURES ARE CONCERNED: [ 20 ] ENTRUSTS the child to a rehabilitation centre and authorizes his integration to a resource that is part of the intellectually handicapped network (A foster home) as soon as one is identified for him; [ 21 ] ORDERS that the frequency and modality of contact between the child and his parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 22 ] ORDERS that the child receive all necessary medical care, including all assessments recommended by the professionals involved in his care, including the Assessment of Cognitive Functioning identified by Ms.

A; [ 23 ] ORDERS that the mother advise the Director of Youth Protection of any change of address and coordinates immediately; [ 24 ] TAKES JUDICIAL NOTICE that the mother will provide the Director of Youth Protection a copy of her lease as soon as possible; [ 25 ] AUTHORIZES the Director of Youth Protection to sign all consents (medical, health, education, etc.) pertaining to the child if the mother cannot be reached within a reasonable period; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers with the family; [ 27 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 28 ] THE WHOLE for a period of one year; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out.

Made and signed in Town A This 18th day of January 2013 __________________________________ CAROLE BROSSEAU, J.C.Q. M e Myriam Deblois Attorney for the Director of Youth Protection M e Richard Brunet Attorney for the child M e Alexandre Lenis Attorney for the mother Hearing dates : October 17, 2012 and January 16, 2013 CB/mr