2012 QCCQ 11358, 2012 QCCQ 11358

Protection de la jeunesse — 123762 2012 QCCQ 11358 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-004167-121 760-41-004168-129 DATE: May 9, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2006 Y , born on [...], 2009 Children DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the children ______________________________________________________________________ JUDGMENT

______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Court is seized of motions for protection concerning the siblings, X and Y . [ 2 ] The Director of Youth Protection alleges that the security and the development of the children are in danger in reason of neglect, as more amply detailed in paragraph 4 of the respective motions. The Petitioner recommends that the parents and the children receive aid, counsel and assistance for 9 months. [ 3 ] The mother, although duly served of the proceedings, is absent.

The Petitioner testifies that she is aware of, and in agreement with, the recommendations. The admissions of the parties are noted in the Court record and they indicate their assent as to the measures proposed by the Director. [ 4 ] The Petitioner produces the reports on the analysis of the children's social situation in lieu of testimony and this, by consent. [ 5 ] Y is born prematurely and requires hospitalization for his first months due to various health complications. He now requires regular medical appointments for remaining respiratory issues and developmental risks.

His vulnerability is considered extreme and it is crucial that his health and development receive regular monitoring and services, if such is deemed necessary. [ 6 ] The family regularly misses his appointments and refuse or fail to follow through on referrals for specific services, especially since their move from city A . Specifically, a referral to the A Center goes unattended and services from the hospital social worker refused.

The parents are often in conflict as to on whom falls the responsibility of the appointments. [ 7 ] X demonstrates oppositional and self-destructive behaviours that result in the school referring the family to a psycho educator. He regularly peels the skin off his fingers until they bleed and the mother indicates his fascination for blood. He relates homicidal nightmares. [ 8 ] The parents separate in November 2011 and the children reside primarily with their mother. The father remains significantly implicated on all levels. [ 9 ] Since the separation, the mother moves on several occasions.

In January, she confirms that she has moved in with her boyfriend and that they will shortly move anew into a bigger apartment. She is resistant to the intervention of youth protection services and cooperates reluctantly. [ 10 ] The intervention of youth protection services has positive results and particularly, the parents become assiduous as to Y 's various appointments. A program with center A will commence shortly. The mother stabilizes her residential situation.

The parent's relationship remains conflictual in relation to the children. [ 11 ] The parties agree that continued assistance is appropriate to ensure that the acquired changes and services are maintained.

The Court considers that the fragility of the family situation and the numerous changes having occurred in a short time frame affect the security and the development of the children and justify the measures suggested. [ 12 ] In view of the admissions and the reports submitted in evidence, the Court is satisfied of the evidence and consequently: [ 13 ] The Court declares that the security and development of the children are in danger in reason of a situation of neglect on the educational aspect.

For Y , the Court retains an additional situation of neglect on the health aspect. [ 14 ] The Court further determines that measures proposed in are appropriate and in the best interests of the children. [ 15 ] FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motions; [ 17 ] DECLARES that the security and development of the children X and Y are in danger; [ 18 ] ORDERS that the children remain in their family environment; [ 19 ] ORDERS that the parents participate actively in the measures proposed to put an end to the reasons for which security and development are in danger; [ 20 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the children and their family; [ 21 ] THE WHOLE , for a period of 9 months; [ 22 ] ENTRUSTS the situation of the children to the Director of Youth Protection of Le Centre jeunesse A for the execution of the

measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Karine Nantais Attorney for the Petitioner Me Michel Robert Attorney for the father Me Karine P. Poissant Attorney for the children Date of hearing: 9 mai 2012