2012 QCCQ 12361, 2012 QCCQ 12361

Protection de la jeunesse — 124193 2012 QCCQ 12361 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000369-105 DATE: June 13, 2012 ______________________________________________________________________ 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 and extension 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 September 14, 2011, the Court declares that the security and development of this child are considered to be in danger and orders that he be entrusted to a foster family with several supportive and follow-up measures for X and his parents until May 31, 2012 for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) X is entrusted to foster care since summer of 2011 ;

b) the father was subject to several police interventions and was arrested on several occasions ;

c) since December 2011, there was no contact between X and his father and Mr. A was not involved in the youth protection follow- up ;

d) the mother’s situation has improved since the last court order ;

e) Ms A cooperates with all services put in place in order to help X and herself ;

f) Ms A tested positive to oxycodone on one occasion ;

g) X had more and more visits with his mother and they all went well ;

h) there is a very strong bond between X and his mother ;

i) X had to be removed from his first foster family because he was bullied by an older child ;

j) since he was placed in a new foster family, X functions well and his behaviour in school has also improved ;

k) the mother still has a relationship with Mr. C but no incident was reported concerning conflicts or domestic violence ;

l) the mother is now able to take care of X on a daily basis. [ 4 ] At the hearing, the mother is present and unrepresented. She admits the situation described at the petition and consents to its conclusions. [ 5 ] The child's lawyer, considering the reports, accepts the proposed measures. [ 6 ] The father is incarcerated. He did not ask to be present at the hearing.

He told the petitioner that he wishes contacts with his son. [ 7 ] As far as he stays away from Mrs B, adopts acceptable behaviour and does not represent a threat to his son, he is authorized to have contacts with his son under such modalities to be agreed upon with the youth delegate.

If there is no agreement possible, he must present a petition to the Court so that the contacts and their modalities be set by the Court. [ 8 ] The Court studied the petitioner's psychosocial report as well as reports from addiction services and family services interveners. [ 9 ] The mother's situation evolved positively and sufficiently so that she can recover the custody of her son. [ 10 ] She must maintain her sobriety and collaboration with the services offered to improve her parental abilities and to solve her personal issues. [ 11 ] X was returned to her on a provisory basis since May 16 and things go well. [ 12 ] Considering the reports and the position of the parties, the Court grants the petition in the sense of its conclusions.

WHEREFORE, THE COURT : [ 13 ] 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 ; [ 14 ] ORDERS that X be entrusted to his mother ;

[ 15 ] ORDERS that the mother receives psychological services for her personal issues ; [ 16 ] ORDERS that the mother benefits from follow-up with an external educator regarding parenting skills ; [ 17 ] ORDERS that both parents assure that X is in a violent-free environment while with them ; [ 18 ] ORDERS that the father/child contacts be authorized and supervised by the Director of youth protection as long as deemed necessary and upon agreement with the parties ; [ 19 ] ORDERS that neither parent be under the influence of drugs or alcohol in the presence of X ; [ 20 ] ORDERS that the mother has permanent stable home environment for her son X ; [ 21 ] ORDERS that neither parent talk negatively about the other in the presence of their son X ; [ 22 ] ORDERS that the father continues to receive counselling support to deal with his personal issues as long as deemed necessary by the counsellor ; [ 23 ] ORDERS that the father continues to receive support in regards to his addictions as long as deemed necessary by the counsellor ; [ 24 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 25 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 26 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until December 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 Mr Grant Sorbey, the father (absent) Mrs A, the mother