2016 QCCQ 13683, 2016 QCCQ 13683

Protection de la jeunesse — 166097 2016 QCCQ 13683 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-027645-134 Date: August 19, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2013 [Social Worker 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 19, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for extension of an order rendered by the undersigned on October 28, 2015 whereby the now three year-old child, X , was entrusted to the foster home of her paternal grandmother, with aid, counsel and assistance, for a period of nine months. [ 3 ] The facts alleged in support of the Motion for extension dated July 5, 2016, are as follows: 3.1. the child has remained living under the care of her foster mother and paternal grandmother, Mrs.

C; 3.2. the child receives excellent care in her foster home and is reaching all of her developmental milestones; 3.3. the foster mother has not been able to secure a plan for subsidized tutorship under the Youth Protection Act given that she is still waiting to obtain a pardon for past criminal offences; 3.4. however, the foster mother remains commited to the child on a long term basis; 3.5. the mother has regular visits with the child on weekends; 3.6. the father has returned to live at the home of the paternal grandmother for an undetermined period of time; 3.7. the child is in need of a permanent plan given the parents remain unable to resume the full time care of the child (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the foster family of her paternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on […], 2031. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the

proposed measures. [ 6 ] The father was absent. His mother testified to the effect that he did not feel that his presence was necessary and that he is in full agreement with all the proposed measures. [ 7 ] Me James, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibit D-3 as evidence: D-3: Court report, written by [Social Worker 1], dated June 22, 2016. [ 9 ] In

summary, the facts alleged in support of the motion are admitted and the parties agree that it is in the child’s interest to remain entrusted to her paternal grandmother who is committed to caring for her until the reaches the age of majority. [ 10 ] Both parents remain involved in the child’s life and the parties are able to agree regarding visits with the child. [ 11 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the child be entrusted to a foster family TAKING JUDICIAL NOTICE that it is the foster home of her paternal grandmother, Ms.

C; [ 15 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by consent amongst the parties; [ 16 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family; [ 17 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 18 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 19 ] THE WHOLE until she reaches the age of majority, on […], 2031.

TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Luce James Attorney for the child TD/vl