2012 QCCQ 4718, 2012 QCCQ 4718

Protection de la jeunesse — 12175 2012 QCCQ 4718 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 145-41-000391-117 DATE: January 19, 2012 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU J.C.Q.

PRESIDING ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION, Petitioner, and X ( Born […], 2006 ), Child, and A , Mother. ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Petitioner presents a Petition for protection [1] . [ 2 ] At the hearing, the Mother was present and duly represented. She admits the allegations of the Petition, consents to its conclusions.

She also agrees with the filing of the Agreement on Voluntary Measures (D-4), Psychosocial Report (D-5) and External Readaptation Services (D-6). [ 3 ] The child's situation is known to the Petitioner since the spring 2011. On April 8, 2011 an agreement on Voluntary Measures (D-4).

The reason was a lack of hygiene, at home and also the child's personal hygiene (dirt and smell). [ 4 ] The child suffers from encopresis and the mother wasn't able to organize alone the required services. [ 5 ] On July 19, 2011, the child was attending a summer camp from which he was expelled, due to disorganisation, not able to follow the rules, screaming and spitting at people, bad smell and dirty clothing.

As soon as the Petitioner intervened with the Mother, she cleaned immediately the house. [ 6 ] At the beginning of September, the child's school called Petitioner to advise that the child was absent and that he was not registered for the new school year. Following Petitioner's intervention, this was soon afterwards corrected by the Mother. [ 7 ] On October 19, 2011, the Petitioner did a home visit and noticed that there was a faeces odour in the apartment and that the bathroom was not clean.

Mother undertook again to make changed, but the same problems kept occurring. [ 8 ] On November 17, 2011 Petitioner's representative accompanied the Mother and the child at a paediatrician appointment. The paediatrician noticed that the child was dirty and had faeces in his pants.

She also decided to refer the child to a paedopsychiatrist. [ 9 ] Immediate protective measures were taken on November 18, 2011 and the child was entrusted to a foster home. [ 10 ] The Mother reacted immediately after these protective measures and she seems willing to do whatever is necessary in order to improve her parental abilities, in the best interest of the child.

Therefore, the child was returned to her on November 21, 2011 and is with her since. [ 11 ] The Mother agreed to continue receiving services from the local CLSC and from Petitioner, as she realizes she has to rapidly improve herself and the situation. THEREFORE THE COURT: [ 12 ] GRANTS the present petition;

[ 13 ] ORDERS that X be entrusted to his mother, Mrs A; [ 14 ] ORDERS that X and his family receive the support of a specialized educator as long as deemed necessary by the professional; [ 15 ] RECOMMENDS that X benefit from a psychological evaluation and follow-up if deemed necessary by the psychologist; [ 16 ] RECOMMENDS that A benefit from a psychological evaluation; [ 17 ] ORDERS that the mother participate actively in all the measures suggested by the Director of Youth Protection in order to put an end to the situation of endangerment; [ 18 ] ORDERS that A administer X’s medication as recommended by the treating paediatrician; [ 19 ] ORDERS that X receive all medical and social services required and that the recommendations be followed by the mother; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until January 31, 2013; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre Jeunesse A for the carrying out of the present measures. ________________________ Hermina Popescu J.C.Q.

Me Janick Poirier For the direction of the Youth Protection Me Mathieu Racine For the child Me Andrée Rioux For the mother Date of hearing: January 11, 2012 Filed : January 19, 2012