2011 QCCQ 5309, 2011 QCCQ 5309

Protection de la jeunesse — 111266 2011 QCCQ 5309 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” DATE: February 11, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE JOSÉE BÉLANGER, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : 640-41-001212-098 X 2009-[…] 640-41-001271-102 Y 2010-[…] ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection Town A., Quebec, district A Applicant -and- A, domiciled and residing in Town A, Quebec, district A Mother -and- B (deceased) Father ______________________________________________________________________ JUDGMENT Sections 95 and 75 of the Youth Protection Act ______________________________________________________________________ [ 1 ] Mrs [SOCIAL WORKER 1], delegate of the Director of Youth Protection A, asks the Court to revise the decision rendered on June 15, 2010, concerning X (2009-[…]) and Y (2010-[…]). [ 2 ] At the hearing, the children are represented by Me Jean-Claude Latraverse, the mother by Me Michel Solomon, and the petitioner by Me Robert-André Adam. [ 3 ] Me Adam for the petitioner asks for each child a placement in a foster home for a period of one year in order to prepare a request of eligibility for adoption for both children. [ 4 ] He adds that the foster families are Cree (2 sisters) and that the DYP needs an authorization from the board concerning the adoption of the children who are Inuit. [ 5 ] The foster families are not present. [ 6 ] Me Solomon admits few allegations.

He says that the mother’s situation has changed a bit because she has found a job since a couple of months. [ 7 ] He admits that the mother still displays alcohol related problems but drinks less now. He agrees with the placement of the

children to a foster home for a period of one year but disagrees with the project of eligibility for adoption of her children. The mother wishes to remain their mother. [ 8 ] Me Jean-Claude Latraverse who represents the children disagrees with a one year placement and suggests a placement until majority for both children. [ 9 ] He states that the law is made to protect the children and not to deal with administrative or political issues. [ 10 ] Mrs [Social Worker 1] testifies on behalf of the petitioner and states that the foster families agree with a long term placement even a placement until majority.

They are also available for the adoption of the children. [ 11 ] She adds that they are capable of taking care of the children and available for them. [ 12 ] The Court disagrees with the requests of the petitioner and the lawyers. [ 13 ] On June 15, 2010, the Honourable Renée Lemoine rendered a decision under

section 38 of the YPA for each child. [ 14 ] For each of them she ordered a placement in a foster home for a period of 6 months, in order to plan a life project. [ 15 ] The Court is not satisfied with the evidence brought by the DYP about what was done within the delay of 6 months concerning that life project. [ 16 ] There’s no report about a permanent plan and the foster families are not present. [ 17 ] The Court understands that they are good families but a decision about a placement until majority is an important one and the foster families must be present. [ 18 ] FOR THESE MOTIVES, THE COURT: [ 19 ] DECLARES that the security and development of X (2009-[…]) and Y (2010-[…]) are still in danger. [ 20 ] EXTENDS the decision rendered on June 15, 2010 for three (3) months. [ 21 ] ORDERS the foster placement of the children in a foster family for a period of three (3) months. [ 22 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 23 ] ENTRUSTS the children’s situation to the Director of Youth Protection A, for the purpose of executing this enactment. __________________________________ JOSÉE BÉLANGER, J.C.Q.

M e Robert-André Adam Lawyer for the D.Y.P. M e Jean-Claude Latraverse Lawyer for the children M e Michel Solomon Lawyer for the mother Date of hearing: January 11, 2011