2011 QCCQ 14520, 2011 QCCQ 14520

Protection de la jeunesse — 115246 2011 QCCQ 14520 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-023662-109 DATE: October 12, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of Batshaw Youth and Family Centres Applicant - and - X Born on […], 2010 - and - A Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of October 12, 2011, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion for extension by the Director of Youth Protection of an order rendered October 25, 2010, entrusting the child to the care of Ms. B for one year with a social follow-up for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • The child remained in the care of Ms.

B, where he is meeting all his developmental milestones; • The mother has not requested any contact with the child; • The mother has not inquired about nor provided for the child; • The mother has refused meetings with the case worker despite the numerous efforts made by the latter; • The mother’s number and address are no longer accurate and there are no means to communicate with the mother; • The maternal grandmother has had contact with the child; • Ms. B is committed to the child on a long term basis. [ 4 ] The Director of Youth Protection recommends that the child be maintained in the care of Ms.

B and that a social follow-up be provided to the family for a period of nine months.

[ 5 ] The mother is not present at the hearing and her whereabouts are unknown. The mother has had no contact with her son. Under the circumstances, and with the consent of the other parties, the Court proceeded in the absence of the mother. [ 6 ] Counsel for the child considers that the recommended measures are in the child’s best interest. [ 7 ] The Court also heard the testimony of Ms. B. She has been taking care of X since he was five weeks old. She states that the mother has had no contact with the child, but that the maternal grandmother has seen him on a few occasions.

She is currently participating in an assessment to be the adoptive family for the child. [ 8 ] Under the circumstances, it is in the child’s best interest to be entrusted to the care of Ms.

B with a social follow-up for a period of nine months, during which time the Director of Youth Protection intends to develop a permanent plan for the child. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the child, X; [ 13 ] EXTENDS the order rendered October 25, 2010; [ 14 ] ORDERS that the child, X, be entrusted to the care of Ms. B for a period of nine months and that the coordinates of Ms.

B remain confidential towards the mother and the extended family members; [ 15 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection including supervision as deemed necessary and that these contacts only occur once the mother has demonstrated her intention to remain involved in the child’s life; [ 16 ] RECOMMENDS that the mother undergo random drug testing at the request of DYP and take steps to address her personal issues; [ 17 ] ORDERS that the child receive all health care services required by his situation; [ 18 ] WITHDRAWS from the mother certain attributes of parental authority and AUTHORIZES that Ms.

B sign for all consents and authorizations regarding the child; [ 19 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of nine months; [ 20 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that the measures are carried out; [ 21 ] ORDERS the execution of the present order by any peace officer. Signed October 13, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Marie-Josée Paiement (Counsel for the D.Y.P.) Mme Adriana Chafoya-Hunter (Counsel for the child) Date of hearing: October 12, 2011