2012 QCCQ 19409, 2012 QCCQ 19409

Protection de la jeunesse — 128578 2012 QCCQ 19409 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division»

N° : 505-41-006602-116 505-41-006605-119 DATE : September 12, 2012 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the children: X (born on […], 2000) Y (born on […], 1997) [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the children and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, JUDGMENT Section 95(1) of the Youth Protection Act [ 1 ] The Court is seized of a motion for revision of a Court decision under section 95(1) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the revision of the Court order rendered on August 23, 2011 for the following new facts, as it appears in paragraph of the motion: [ 3 ] Y remains in A Group Home since November 2011.

She has alterning weekend visits with her parents. The relation between Y and her mother remains unstable. [ 4 ] The mother admits to physically abusing Y when needed. The mother returns the child to the group home before the end of the visit when a argument occurs. [ 5 ] X remains with is father. In January 2012, he refused for five weeks any visit with his mother. During this period, the child's behaviour was better. [ 6 ] The mother is verbally aggressive and denigrating with X. The mother denigrates the father and Ms.

C in the children presence. [ 7 ] She refuses to engage in any therapy at the Group home in order to put an end to the current situation and she refuses to attend any therapy. [ 8 ] The mother refuses to meet as requested with the case worker. She refuses to follow any plans of consistency that the father puts in place. On a few occasions, the mother informed the case worker that she does not want to take the child into her care. [ 9 ] On June 13 th , 2012, X entrust to his father and the contacts between the child and the mother be set upon agreement until the next court date.

[ 10 ] Since July 28 th , 2012 the child has a serious worrying behaviour. He's collecting dangerous objects (guns, a knife and other survival paraphernalia). The child is talking incessantly about the recent Colorado shooting. He told the center A parenting worker that he has learned to make a bomb and is planning to make some. [ 11 ] The child had to be taken to the hospital for an emergency psychiatric assessment to determine if he was suicidal or homicidal.

He was assessed as not being at risk of hurting himself or others. [ 12 ] However, it was agreed, with the assessing psychiatric staff, that measures would be put in place by the parents to ensure the child's safety. [ 13 ] The father and Ms. C, have collaborated in putting together a safety plan for the child. [ 14 ] The mother acknowledges that she has provided the child with most of the toys that are of concern. The mother does not acknowledge the seriousness of her son's behaviour and minimize the situation. [ 15 ] X has a planned visit to the mother's house on Saturday July 28 th , 2012.

On July 27 th , 2012, the social worker took immediate protective measures to enforce that the visit between the child and the mother be supervised. [ 16 ] The children, by attorney, admit most of the allegations of the declaration and agree to the conclusions. [ 17 ] The mother is absent, her attorney admits some of the allegations of the declaration and leaves everything to the discretion of the Court. [ 18 ] The father admits the majority of the allegations of the declaration and agrees to the conclusions. [ 19 ] By consentent of the parties, the following reports are filed: D-2: Court Report, written by [social worker 1], dated on August 10, 2012 D-3 95 Addendum, written by Iris Marks, dated on September 6, 2012 [ 20 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and the development of the children Y and X are still in danger; [ 23 ] ORDERS that the child X be entrusted to an institution operating a rehabilitation center chosen by Le Centre jeunesse A, until June 30, 2013; [ 24 ] ORDERS that the child Y be entrusted to her father; [ 25 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 26 ] ORDERS that the contacts between the child Y and her mother be upon agreement between the parties; [ 27 ] ORDERS that the contacts between the child X and his mother be upon agreement between the parties and in the presence of a third person designated by the Director; [ 28 ] ORDERS that the children and the parents take an active

part in the application of the measures to correct the situation and more particularly that they engage themselves in the intervention plan of the Director; [ 29 ] WITHDRAWS the exercise of certain rights of parental authority from the mother and AUTHORIZE the father to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 30 ] RECOMMENDS that the child X continues with his psychological therapy and follow recommendations; [ 31 ] RECOMMENDS that the father continues with his parenting worker and follows recommendations; [ 32 ] ENTRUSTS the situation of the children to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 33 ] THE WHOLES for a period of one (1) year except for X's placement, which is until June 30 th 2013; [ 34 ] THE WHOLE without costs.

__________________________________ MIREILLE ALLAIRE, J.C.Q. Me Jean-Pierre Gaudreau Attorney for the children Me Stéphanie Chayer-Testa Attorney for the declarant Me Kathleen O'meara Attorney for the mother