2013 QCCQ 9633, 2013 QCCQ 9633

Protection de la jeunesse — 132691 2013 QCCQ 9633 JG2072 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division»

N° : 505-41-006668-117 DATE : May 27 th , 2013 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE MARIO GERVAIS ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of youth protection of le Centre jeunesse A, Petitioner -and- X, born on […], 1997 Child-respondent -and- A -and- B Parents-respondent ______________________________________________________________________ JUDGMENT Section 95 (1) of the Youth Protection Act ______________________________________________________________________ [ 1 ] The Court hereby confirms and provides reasons for a decision rendered verbally at the hearing of May 27 th , 2013, in accordance with the provisions of

Section 90 of the Youth Protection Act . [ 2 ] The Director of youth protection, acting through a duly authorized youth protection worker, (the Director) petitions the Court with a Motion for Revision of a Court decision, according to Section 95 (1) of the Youth Protection Act , in the matter of the child X, born

on […], 1997. [ 3 ] In

summary, the Director alleges that the security and development of the child are still in danger for the following reasons: ➢ The child is still displaying serious behavioural disturbances; ➢ The child is the mother of a new born child; ➢ The child is overwhelmed by her responsibilities as a parent and by the conflict that exist between her and the father of her newborn child and between members of the enlarged family; [ 4 ] The Director mainly recommends that the child be entrusted with her baby to her grandmother, Mrs.

C, with a social follow-up for a period of six months. [ 5 ] Parents and child’s lawyer admit that the security and development of the child should be declared to still be in danger for the reasons alleged by the Director. All parties are in agreement with the Director’s recommendations. [ 6 ] The child is the parent of Y, born on […], 2012. The father of Y is Z.

They are both very young parents that are still in their minority; [ 7 ] X and Z have had a conflictual relationship in the past that has improved recently; [ 8 ] X has a tendency to lie and to make false accusations; [ 9 ] Z and X’s father had a physical altercation in the presence of the child.

Police officers were called and complaints were filed; [ 10 ] X’s and Z’s parents are hostile towards each other, even in the presence of the child; [ 11 ] In Autumn 2012, X was enrolled in the A high school program, where she did well; [ 12 ] Since February 5 th , 2013, X is residing at A; [ 13 ] X has made considerable efforts to improve her parenting skills and to respond adequately to the child’s needs. [ 14 ] At first, X did struggle to give the child the proper care she needed but is now able to resume her care in the community with the support of her own family; [ 15 ] Mrs C is a positive figure in X’s life.

She accepts with enthusiasm that X and her child live with her and to support X in her parental responsibilities; [ 16 ] X’s father has overcome a drug issue. He is proud of his accomplishment and wants to assume a positive role in his child’s and grandchild’s lives; [ 17 ] Z is not open to receive services from the Director; [ 18 ] Z lacks the parental skills to assume alone the care of Y for a long period; [ 19 ] Z and his family are undermining social services offered to the mother. [ 20 ] Security and development of the child are to be declared still in danger for the reasons alleged by the Director.

Recommended measures shall be ordered in the best interest of the child. [ 21 ] WHEREFORE, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and the development of the child X are still in danger; [ 24 ] EXTENDS the Court order rendered on August 27 th , 2012; [ 25 ] ORDERS that the child remain with his grandmother, Ms C; [ 26 ] ORDERS that parents report periodically to the Director on the measures they apply to put an end to the situation in which the security or development of the child is in danger; [ 27 ] ORDERS that a person working for an institution or a body provide aid, counselling or assistance to the child and his family; [ 28 ] ORDERS that the contacts between the child and her parents be established upon agreement between the parties and that Mr B is not under the influence of any mind altering substances during those contacts; [ 29 ] ORDERS that the contacts between the child and Y's paternal family be established upon agreement between the parties; [ 30 ] ORDERS that the child attend the A School Program during the summer and until the end of the measure; [ 31 ] ORDERS that the child and her parents meet the social worker on a regular basis to update their situation;

[ 32 ] ORDERS that the child and her parents continue with family therapy and follows recommendations; [ 33 ] ORDERS that the child receive the health services required by her situation, namely that she continues her individual therapy and follows recommendation; [ 34 ] RECOMMENDS that the child respects the rules set by her grandmother and TAKES JUDICIAL NOTICE that there will not be any sleepovers at Z's house; [ 35 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse de A for the execution of the present judgment; [ 36 ] THE WHOLE, for a period of six months. ________________________________ Mario Gervais, J.C.Q.

M e Véronique Crête Attorney for DYP M e Marie-Pierre Blouin Attorney for the child