2012 QCCQ 10268, 2012 QCCQ 10268

Protection de la jeunesse — 124173 2012 QCCQ 10268 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000324-120 DATE: June 11, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ A Petitioner and X Child and B Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (2003-[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X suffered from leukemia and he is on remission ;

b) X used to have a feeding tube that the mother neglected to have removed ;

c) X suffers from an eating disorder he needs specific care, and the mother is not always cooperative ;

d) Ritalin was prescribed to X but the mother was taking it ;

e) the mother has alcohol related issues ;

f) on March 1, 2012, the social intervener went home where the mother was drunk, there was marijuana on the table and X was present ;

g) on the same day, X was entrusted to his maternal grandmother ;

h) on March 6, 2012, X was hospitalized for a pneumonia and remained in the hospital for more than two weeks ;

i) while at the hospital, the mother did not follow the professionals advise concerning X’s diet ;

j) since he was released from the hospital, X is back at his grandmother’s ;

k) since March 29, the mother did not contact X and neither the grandmother nor the social intervener know how to join or locate Ms B ;

l) the grandmother is able to take care of X . [ 3 ] At the hearing, the mother is absent and unrepresented. [ 4 ] The Court gives the permission to the grandmother, Mrs C, to be present at the hearing as she is the one who will take care of X . [ 5 ] The child's lawyer accepts the recommendations of the Director of youth protection. [ 6 ] The Court studied the psychosocial report. [ 7 ] Considering the report's content, the position of the child's lawyer and the absence of the mother, the Court grants the petition in the sense of the recommendations of the Director of youth protection including the one added at the hearing concerning the mother/child contacts.

WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to his grandmother, Mrs C ; [ 10 ] ORDERS that the modalities of the contacts between X and his mother be set by the Director of youth protection in agreement with the mother and the grandmother ; [ 11 ] ORDERS that X receives all health care and social services deemed necessary by the involved professionals ; [ 12 ] AUTHORIZES the grandmother, Mrs C, to sign any required consent with regards to health care and social services, if the mother cannot be reached ; [ 13 ] RECOMMENDS that the mother seeks services concerning her alcohol and drug issues ; [ 14 ] ORDERS that the mother participates actively to all measures suggested by the Director of youth protection in order to correct the situation of endangerment ; [ 15 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 16 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until June 30, 2013, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Janick Poirier,

for the petitioner Me Gisèle Cayouette, for the child Mrs B, the mother (absent)