2012 QCCQ 19217, 2012 QCCQ 19217

Protection de la jeunesse — 128357 2012 QCCQ 19217 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN […] «Youth Division»

N° : 505-41-006243-101 DATE : May 22, 2012 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2007 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, (deceased) B, Parent of the child and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, JUDGMENT Section 95(2) of the Youth Protection Act [ 1 ] The Court is seized of a motion for prolongation of a Court decision under section 95(2) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the prolongation of the Court order rendered on January 27, 2011, for the following new facts. [ 3 ] Since the last Court order, the child was entrusted to Mr.

C and Mrs. D. X is evolving positively at their home. She is attending daycare on a regular basis. [ 4 ] Measures have been undertaken so that the child can attend english school. She has regular contacts with her half brothers and she has regular contacts with her father on the phone. [ 5 ] A trip to [country A] with the child is planned from November 15 th , 2011 to February 6 th , 2012. In [country A], it is planned that the child will spend time with her father. [ 6 ] A "comité décisionnel plan de vie" is planned for the child on December 7 th , 2011. Mr. C and Mrs.

D are available to take care of the child in a long term project. [ 7 ] The father, although informed of the hearing is not present. The Court proceeded in his absence under

Article 77 of the Youth Protection Act. [ 8 ] The child, by attorney, ignores most of the allegations of the declaration and agrees to the conclusions. [ 9 ] By consentent of the parties, the following reports are filed:

D-2 Rapport au Tribunal, rédigé par [Social Worker 1], daté du 9 février 2012. D-3 Rapport complémentaire, rédigé par [Social Worker 1], daté du 4 mai 2012 D-4 Évaluation médicale rédigée par Marie-Josée Roy, pédiatre. [ 10 ] It is in the best interest of X to have a permanent life plan with the C/D couple since she is envolving extremly well with them considering her part.

She has the chance to grow in a loving and caring family that is encouraging contacts with her biological siblings. [ 11 ] The C/D couple wish to adopt X in order to provide the child with a secure and stable environment for life and for X to evolve in a family that can all her own. [ 12 ] 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: [ 13 ] GRANTS the present motion; [ 14 ] DECLARES that the security and the development of the child X are still in danger; [ 15 ] ENTRUSTS the child to Mr.

C and Mr. D; [ 16 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 17 ] ORDERS that child receives all the health services required by her situation; [ 18 ] TAKES ACT that Mr. C and Mrs.

D will ensure that the child receive the health care required by her condition; [ 19 ] ORDERS that the contacts between the child and E and F be upon agreement of all the parties and in the presence of a third party designated by the Director; [ 20 ] WITHDRAWS partially from the parents their parental authority regarding the signature of all authorizations as for medical, scholar, extra-curricular activities, passport and trips abroad Canada, and grant the Director of Youth Protection with the parental authority; [ 21 ] TAKES ACT that the Director of Youth Protection will elaborate a permanent life plan during the present measures; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 23 ] THE WHOLE for one (1) year; [ 24 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Andrée Drolet Attorney for the child Me Pascale Boucher Attorney for the declarant