2011 QCCQ 7611, 2011 QCCQ 7611
Opinion
Protection de la jeunesse — 111991 2011 QCCQ 7611 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY [...] « Youth division » N° : 635-41-000350-105 DATE : May 3, 2011 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q. In the case of : X. JUDGMENT ON A MOTION FOR REVISION ( Sec. 95
(1) Youth Protection Act, R.S.Q. c.
P.34-1 ) [ 1 ] The Director of Youth Protection asks the Court to revise a decision made by this Court on July 13, 2010 entrusting the child X to a foster home until May 13, 2011, acknowledging that he foster home was the grandmother's home. [ 2 ] The mother was recommended to seek help for her mental health problems and shi did so, after being "medevaced" following an episode of schizophrenia in November 2010; [ 3 ] The mother lives at the grandmother's place with the child with whom she has built a strong bond and she provides for his needs, cares for him and gives him affection. [ 4 ] The mother recognized that she has anger management issues to work on and she accepts the help of the Director to work on these issues. [ 5 ] The grandmother would like to be able again to act as a grandmother and not as a foster home. [ 6 ] For the time being, with the support of her family and of the Director, her son can be entrusted to the mother again. [ 7 ] The father, who has not been involved with the child for over 6 months, nonetheless expressed recently the wish to have contacts with his son, which would be a good thing. [ 8 ] FOR THESE REASONS THE COURT : [ 9 ] GRANTS the petition for revision; [ 10 ] CONSIDERS that the present situation constitutes new facts that justify the revision of the order of July 2010; [ 11 ] DECLARES that the security and development of the child X are still endangered; [ 12 ] ORDERS that the child be entrusted to his mother; [ 13 ] ORDERS a social follow-up for the child and his family; [ 14 ] ORDERS that the child's parents take an active
part in the measures ordered; [ 15 ] ORDERS the parents to report in person, et regular intervals, to the Director to inform him of the current situation;
[ 16 ] ORDERS the mother to follow her psychiatrist's recommendation in order to stabilize her mental condition; [ 17 ] ORDERS the mother to take the medication as prescribed; [ 18 ] ORDERS the mother to stay in the village A and to allow her extended family to have regular contacts with her son; [ 19 ] ORDERS the father to seek help for his anger management issues; [ 20 ] ORDERS that the contacts between the father and the child be encouraged by the Youth Protection worker; [ 21 ] ORDERS that the contacts between the father and the child be supervised by the Youth Protection worker until such supervision is not needed any more; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the purpose of enforcing this order; [ 23 ] ORDERS the police to cooperate to the enforcement of this order if needed; [ 24 ] The whole for a period of one year.
PC/nc PAUL CHEVALIER, J.C.Q. Me Alexandre Simon, For the D.Y.P. Me Denis Trottier, For the child. Me Marie-Claude De Gagné, For Mrs. A, mother, present. Mr. B, Father, absent and not represented. Date of the hearing : May 3 rd , 2011
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