2012 QCCQ 17074, 2012 QCCQ 17074

Protection de la jeunesse — 12210 2012 QCCQ 17074 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 640-41-001121-083 DATE: January 31, 2012 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A., working in Town A Applicant -and- X, residing and domiciled in Town A, province of Québec, district A Child -and- A, residing and domiciled in Town A, province of Québec, district A Mother -and- B, residing and domiciled in Town B, province of Québec, district B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a petition aiming to review a decision rendered on May 31, 2011 in the situation of X, born on […] 2008.

At that date, the judge declared that the security and the development of the child remained endangered, entrusted the child to a foster family for a period of six months, in order to elaborate a life plan, and ordered different measures to help this family for the same period. The applicant now recommends that the child be entrusted to a foster family until she reaches her majority. [ 2 ] M e Massé represents the child; he cannot make any admissions considering the age of the child. The mother is present and represented.

She is aware that she cannot take fully care of the child who is well taking care by her foster family. The petition was served to the father on December 5, 2011 in Town B. He said that he would not attend Court. [ 3 ] The situation of the child is entrusted to the director of Youth Protection since October 7, 2008. In November 2008, the child was entrusted to her grandparents by an agreement in accordance with

Section 76.3 Y.P.A. for a period of one year, but was entrusted to her mother seven months later for a period of one year. Only one month after, July 2, 2009, the child was entrusted to foster care. Many orders have prolonged this first placement, and the two last ones planned the elaboration a life project involving the mother. [ 4 ] The parents’ situation remains the same as they still have cognitive impairments, which prevent them from taking care of their daughter.

The child has special medical needs and has to be monitored closely especially if she has a cold as she can develop convulsions, which would cause harm to her cognitive development. The mother cannot provide that kind of care. [ 5 ] The applicant reports: “Under her foster mother’s tutelage, X has learned to walk and talk, and overcome her developmental delays”. The foster mother testifies that she has the child since October 2009. The child is very happy and she considers her as her own. She has five other children who accept X as their own sister.

She has no problems that the mother has contacts with the child. [ 6 ] Considering the admissions, the testimonies and the different reports filed, the Court considers that the recommendation of placement until the child reaches her majority is in her best interest. THEREFORE, THE COURT: GRANTS the petition; MAINTAINS that the security and the development of X, born on […], 2008, are still compromised in accordance with the Youth Protection Act;

REVISES the decision rendered on May 31, 2011; ENTRUSTS the child to foster care until she reaches her majority (family of C and D); PROLONGS all other measures that still apply until the child reaches her majority; RECOMMENDS that the contacts between the child and her mother be as frequent as possible, if they are in the child’s interest and after having considered her medical situation; ALLOWS the director of Youth Protection to sign any medical authorization requested in the child’s situation; ORDERS any peace officer to collaborate in the execution of this enactment, if asked to do so; ENTRUSTS the child's situation to the director who shall see that the measures are carried out. __________________________________ Marc E.

Grimard, J.C.Q. M e Robert-André Adam Counsel for the applicant M e Sarah Plamondon Counsel for the mother M e Yan Massé Counsel for the child Date of hearing: December 13, 2011