2018 QCCQ 12321, 2018 QCCQ 12321

Protection de la jeunesse — 182764 2018 QCCQ 12321 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 615-41-001896-140 DATE: January 8, 2018 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2002 [SOCIAL WORKER 1] , in her quality of authorized person by the Director of Youth Protection of the Centre integré de santé et de services sociaux A, having a place of business at [...] Applicant and A , domiciled and residing at [...] Mother ______________________________________________________________________ JUDGMENT (Sections 95 (1 and 2) and 75, Youth Protection Act , CQLR. 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 ] After the filing of a motion asking the Court to review the situation of X, born on [...], 2002, according to

section 95 of the Youth Protection Act , the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the youth. [ 2 ] The youth was represented by a lawyer. [ 3 ] The draft agreement states that the consent of the parties present was given in a free and enlightened manner. The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the youth and the draft detailed these facts : 2.1 On April 5, 2017, the father passed away; 2.2 The adolescent had contacts in person for the first time in a few years with the mother who came and visit on the occasion of the father’s funeral; 2.3 The mother had, prior to that visit, contacted a few times the adolescent through social networks; 2.4 Since the last judgment, the mother had not reached the applicant nor taken steps to get involved in the adolescent’s social follow-uo and situation; 2.5 Following the passing away of the father, the mother said that she had ended her relationship with Mr.

B and informed the adolescent of her intentions to move to City A and work on having the adolescent eventually back with her; 2.6 However, the mother returned to City B, [province A], reunited with Mr B and changed her mind about moving; 2.7 In June 2017, the foster family announced her intention to move out of the region when their house will be sold and to end the foster family contact; 2.8 The adolescent wishes to stay in City A; 2.9 The adolescent has an important bond with his brothers that reside in City A; 2.10 There are currently no other foster homes available to receive the adolescent in City A;

2.11 Mrs. C, an employee of the youth protection service, who has known the adolescent through her functions but also through her presence at [school A] and sport activities for her own children, is capable, willing and interested to foster the adolescent; 2.12 The adolescent has a good relationship with Mrs. C and her family and expressed his wish to reside with them; [ 4 ] The measures proposed are the following : 3.1 That the adolescent be entrusted to Ms. C until the age of majority and in the event that Ms.

C is recognized as foster family of proximity, that he be entrusted to her as such; 3.2 That the contacts between the adolescent and the mother be supervised by the Director of Youth Protection as to the terms and frequency; 3.3 That the Director of Youth Protection provide aid, counselling and assistance to the adolescent until he reaches the age of majority and to the mother if she requests it; 3.4 That certain attributes of parental authority be withdrawn from the mother and that the right to give parental authorization for medical care, education, travel, social activities, passport request, driver’s licenses or any other purpose be transferred to Ms.

C; [ 5 ] The Court is of the opinion that the measures respect the rights and interest of the youth. FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of X, born on [...], 2002 are still in danger; [ 8 ] ENDORSTS the draft agreement and ORDERS to the parties to conform to it; [ 9 ] ORDERS that the adolescent be entrusted to Ms. C until the age of majority and in the event that Ms.

C is recognized as foster family of proximity, that he be entrusted to her as such; [ 10 ] ORDERS that the contacts between the adolescent and the mother be supervised by the Director of Youth Protection as to the terms and frequency; [ 11 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the adolescent until he reaches the age of majority and to the mother if she requests it; [ 12 ] ORDERS that certain attributes of parental authority be withdrawn from the mother and that the right to give parental authorization for medical care, education, travel, social activities, passport request, driver’s licenses or any other purpose be transferred to Ms.

C; [ 13 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the execution of the judgment. __________________________________ RENÉE LEMOINE, J.C.Q. Me Claude Cossette For the youth Me Pierre Grygiel For the applicant Date of hearing : December 12, 2017