2012 QCCQ 17254, 2012 QCCQ 17254

Protection de la jeunesse — 126704 2012 QCCQ 17254 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41-000438-116 DATE: July 16, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […] [ntervenant 1] et [Intervenant 2] , persons duly authorized by the Director of Youth Protection of the A , working in City A (Quebec), district A , Petitioner -and- A , residing and domiciled in City A (Quebec), district A , Mother -and- FATHER (undeclared). ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered on draft agreement on January 10, 2012, by Justice Daniel Bédard, J.C.Q., in which he maintained the child with his mother for a period of six months. [ 2 ] Today, the DYP asks the Court to maintain the measures previously ordered for a period of six months, to consolidate the progress that the family has made in the last months. [ 3 ] At the hearing, the mother and the child are present and represented.

They both agree with the recommendations. Update of the situation since January 10, 2012 [ 4 ] At first, the mother tended to deny the existence of problems and minimize X ’s difficulties. She blamed the DYP for not appreciating her son. [ 5 ] However, with time, the mother's collaboration improved. [ 6 ] In May 2012, the mother was proud to inform the social worker that she had changed her lifestyle, mainly regarding her drinking problem. Her sobriety had an immediate impact on her parental capacities. The mother is now capable to implement a stable routine and X reacts very well to that.

The mother realises that her relationship with her son is better. She now appreciates the positive outcome of her being sober. [ 7 ] X also benefits from the strong support of his school principal, Mrs.B . With her assistance, he could benefit from intensive teaching and catch up on his learning delays. X could also benefit from a shadow. [ 8 ] With the combined efforts of his mother and the school principal, X will be able to integrate the regular school program in August 2012. That is something he can be proud of.

[ 9 ] The mother is still working at [company A], two weeks a month. When she is away, she entrusts her child to an uncle who, according to the evidence, consumes marijuana in the house. To ensure that X is entrusted to a responsible adult, Mrs. C has been put to contribution to provide X with a safe environment when his mother goes to work. Analysis and applicable measures [ 10 ] The Court is pleased to see all the efforts made by the mother to solve her drinking problem.

When sober, the mother is able to provide X with structure and coherent limits that are beneficial to him. [ 11 ] At the hearing, the Court told the mother not to let her efforts be jeopardized by the uncle’s environment, which includes marijuana consumption.

X needs to be under the responsibility of trustful adults when his mother is away. [ 12 ] The social worker and the mother said they would ensure X is safe while the mother is away. [ 13 ] With this security net in place and a similar routine in both family environments, the Court believes that X will benefit from the measures that are proposed today. [ 14 ] The Court encourages the mother to continue to collaborate honestly with the social worker in order to maintain the important changes she made, which have positive repercussions on her son's life.

FOR THESES REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on January 10, 2012 by Justice Daniel Bédard; DECLARES that the security and the development of the child continue to be compromised; MAINTAINS X with his mother; ORDERS that the mother reports periodically to the Director of Youth Protection on the measures she applies to put an end to the situation; ORDERS that the mother continue to work on her personal issues and her parenting skills; ORDERS that the child and the mother take an active

part in the application of the measures; ORDERS that the child continues to attend school on a regular basis; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the child and to his mother for a period of six (6) months; ENTRUSTS the situation of X to the Director of Youth Protection of the A , who shall see that the measures be carried out; ORDERS the police to collaborate in the execution of this order; __________________________________ Lise Gagnon, J.C.Q. M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault Attorney for the child M e Marie-Claude De Gagné Attorney for the mother Date of hearing: July 16, 2012