2011 QCCQ 17883, 2011 QCCQ 17883

Protection de la jeunesse — 117011 2011 QCCQ 17883 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY [...] « Youth division » N° : 635-41-000390-101 DATE : October 25, 2011 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 2000) JUDGMENT ON A MOTION FOR REVISION (Sec. 95(1) Youth Protection Act) [ 1 ] The Director of Youth Protection seeks the revision of the order made by the Court on November 9, 2010 implementing the measures mentioned in a draft agreement, and in particular the fact the child X would remain, together with his siblings, with his parents. [ 2 ] Since the last order, the parents were seen on different occasions being intoxicated. [ 3 ] The father assaulted the mother on February 8, 2011. [ 4 ] On March 11, 2011, after assaulting an other man in the community the father was arrested. [ 5 ] He was again arrested on March 21 after an altercation with a police officer while he was intoxicated.

He remained detained until June. [ 6 ] On September 11, 2011, again while intoxicated, the father assaulted the mother who had to be "medevac" to Town A. [ 7 ] On October 25, 2011, the father was arrested again while heavily intoxicated. [ 8 ] The collaboration of the parents with the social worker was irregular, but since September 15, 2011, when the father was ordered no to be in the community of A, the collaboration with the mother improved. [ 9 ] The parties agree with the measures proposed. [ 10 ] FOR THESE REASONS THE COURT : [ 11 ] GRANTS the motion for revision; [ 12 ] DECLARES that the situation constitute new facts that justify the revision of the previous order; [ 13 ] DECLARES still endangered the security and development of the child X ; [ 14 ] ORDERS that the measures agreed upon be implemented; [ 15 ] THEREFORE ORDERS that the child remain with the mother as long as the father is incarcerated and there after with the parents and that they report periodically to the Director of Youth Protection on the measures that they apply in their own regard and their

children's regard to put an end to the situation in which the security or development of the children is in danger; [ 16 ] ORDERS that the children and their parents take an active

part in the application of any of the measures ordered by the tribunal; [ 17 ] ORDERS that the 5 oldest ones attend school regularly; [ 18 ] ORDERS that surprise visits at home by the Youth Protection worker be authorized; [ 19 ] ORDERS that the parents give access to the children; [ 20 ] ORDERS the parents receives a social CLSC follow-up regarding their personal and marital issues; [ 21 ] ORDERS that a person working for an institution provide aid, counseling and assistance to the child and parents for a period of 6 months; [ 22 ] ENTRUSTS the situation of the child to The Director of Youth Protection for the for the enforcement of this order; PC/nc PAUL CHEVALIER, J.C.Q.

Me Alexandre Cimon, For the D.Y.P. Me Mathieu Brassard, For the child, present. Me Marie-Claude De Gagné, For the father, present. Mrs A Mother, present and unrepresented. Date of the hearing : October 25, 2011.