2011 QCCQ 20562, 2011 QCCQ 20562

Protection de la jeunesse — 118770 2011 QCCQ 20562 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division»

N° : 505-41-005515-087 DATE : May 12, 2011 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2003 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant And A , 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 March 8, 2010 for the following new facts, as it appears in paragraph of the motion: [ 3 ] Since the last Court order, X has remained in the care of his great-aunt C.

The child has evolved positively and he has improved at school. The child no longer demonstrates signs of neglect. [ 4 ] The mother has regular monthly contacts with the child and she calls her aunt once a week to talk to her son. The great-aunt and the mother are in good terms. [ 5 ] The mother and the aunt agree that the best life plan for the child would be tutorship. This plan will be put in place within the next year. [ 6 ] The father has no known address and has been absent of X's life since four years. [ 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 his attorney, ignores most of the allegations of the declaration and agrees to the conclusions. [ 9 ] The mother, through her attorney, admits all the allegations of the declaration and agrees to the amended conclusions. [ 10 ] By consentent of the parties, the Court report written by [Social Worker 1] dated May 9 th , 2011 is deposited in D2. [ 11 ] In view of the partie's admissions and the contain of the report 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: [ 12 ] GRANTS the present motion; [ 13 ] DECLARES that the security and the development of the child are still in danger; [ 14 ] ENTRUSTS the child to his aunt, Mrs.

C ; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 16 ] ORDERS that the contacts between the mother and the child be determined by agreement between the parties; [ 17 ] FORBIDS any contact between the child and his father; [ 18 ] WITHDRAWS the exercise of certain rights of parental authority from the parents and AUTHORIZE Mrs.

C to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 19 ] ORDERS that the mother of the child take an active

part in the application of the measures ordered; [ 20 ] ENTRUST 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; [ 21 ] THE WHOLE until June 23 rd , 2012; [ 22 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q. Me Marie-Pierre Blouin Attorney for the child Me Annick Bergeron Attorney for the declarant Me Patrick Cormier Attorney for the mother