2016 QCCQ 9900, 2016 QCCQ 9900

Protection de la jeunesse — 164227 2016 QCCQ 9900 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000241-080 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2003 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection on the AC.Y.P.C., working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] The Director of Youth Protection of the A C.Y.P.C. asks the Court to review the judgment rendered on March 15, 2015, by Judge Jean Gravel, J.C.Q., concerning the situation of X, born on […], 2003. At the time, the child was placed at the Reception Center until May 2016 with possible reintegration in the foster family of Mrs B.

Now, the applicant asks that the child remains in Reception Center for three months with reintegration in the foster family of Mrs B until the end of May 2017. [ 2 ] At the hearing, the mother is absent but represented by Me Marie-Claude DeGagné. The child is present with his lawyer Me Nicolas Welt and Me Geneviève Apollon assists the applicant. [ 3 ] The parties admit most of the allegations and agree with the recommendations included in the revision report. The social worker testified and explained the attachment bond between the child and the foster parent.

The child lives in this foster family since 2010 and was placed there until her majority. But the child had behavioural problems and had to be placed in a Rehabilitation Center. Also, the foster mother has personal issues and she must control her alcohol consumption if she wants to continue to be a foster parent. [ 4 ] During the last placement, the child was evaluates by Dr Joseph Beltempo, psychologist. In his report, filed, he recommends that the child remains in a Reception Center and beneficiates of the services of an educator when she will reintegrate the foster home.

She suffers from abandonment and has agressivity to control. She needs parenting and nurturance. It explains why it is important for the child to reintegrate the same foster family and to receive reeducation services to insure the success of the reintegration.

CONSIDERING THE EVIDENCE ANT THE PARTIE’S AGREEMENT WITH THE MEASURES, THE COURT: [ 5 ] GRANTS the motion; [ 6 ] DECLARES that the security and development of X, born on […], 2003, are still endangered; [ 7 ] ORDERS her placement in a Rehabilitation Center for three months with reintegration in a foster family; [ 8 ] RECOMMANDS the foster family of Mrs B; [ 9 ] ORDERS the Director of Youth Protection to provide to the child and the foster parents the services of an external educator for the period deemed necessary by the professionals; [ 10 ] ORDERS that the child receive specific healthcare and health services; [ 11 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and her mother as for frequency, modalities and degree of supervision; [ 12 ] MAINTAINS the order regarding the exercise of certain attributes of parental authority rendered by Justice Marc E.

Grimard,

specifically that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the Director of Youth Protection as to medical, school and social authorizations; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child, her mother as she requires and the foster parents until the child’s majority; [ 14 ] ORDERS the police to collaborate to the execution of the enactment; [ 15 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Nicolas Welt Attorney for the child Me Geneviève Apollon Attorney for the applicant Me Marie-Claude DeGagné Attorney for the mother Date of hearing: May 26 th , 2016