2014 QCCQ 14390, 2014 QCCQ 14390

Protection de la jeunesse — 142595 2014 QCCQ 14390 COURT OF QUEBEC “Youth Division” CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] No: 610-41-000593-137 DATE: May 20, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], human relations agent, exercising her profession at the Centre jeunesse A , having a place of business at […] in CITY A , district A , […] Applicant -and- X, residing at […] in CITY A , district A , […] Child -and- A, domiciled at […] in CITY A , district A , […] Mother -and- B, domiciled and residing at […] In CITY A , district A , […] Father ______________________________________________________________________ JUDGMENT (Section 95 (1 and 2) and 75 of the YPA, CQLR chap.

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 ] On November 7, 2013, this Court entrusted the child X , born on [...] , 2012, to a foster family.

Given that the child is evolving well in her current environment, that the mother agrees with the fact she cannot take care of the child on a daily basis and that the father is not involved in the life of his daughter, the Director of Youth Protections is presenting the Court with a motion under

section 95 of the Youth Protection Act in order to entrust the child to a foster family until she reaches majority. [ 2 ] This day, the child is not present in court due to her young age, but represented by counsel. The mother is present as well, but choosing not to be represented by a lawyer. [ 3 ] As for the father, he was legally served and is not present at the hearing. The evidence demonstrated is to the effect that he has never been involved with the child and has never attended court.

The Court allows the applicant to proceed without the presence of the father. [ 4 ] The applicant has been involved with the mother and child since March 2013. The child has been entrusted to the foster home of C and D ever since the Director of Youth Protection's first implication in the file. [ 5 ] The mother is 29 years old. She has a serious history of neglect, sexual abuse and abandonment. This has greatly impacted her parental capacity in the sense of her knowing what is acceptable and what is not. The mother can be kind and collaborative.

However, she lacks the maturity to insure that all of the child's needs will be met. She is very easily influenced and, because she surrounds herself with people who consume alcohol and drugs on a regular basis, it puts her at risk in regards of her own consumption. Currently, the mother has four other children who are not entrusted to her. [ 6 ] The mother admits that she has to work on her personal problems and agrees that she cannot take care of her child. She also admits to being emotionally unstable and to the fact that she cannot offer a well-balanced environment for a child to evolve properly.

She has moved four times in the last four months. [ 7 ] The mother knows the foster family chosen by the Director of Youth Protection and is aware that her daughter is well taken care of and happy. For all those reasons, the mother agrees that her child be entrusted to a foster family until she reaches the age of majority. [ 8 ] The father is not involved in the life of the child. He mentioned that he doesn't wish to have any connection or contact with this daughter. When the child was around seven months old, the father assaulted her because she was crying.

He pleaded guilty in a criminal court of law to this offence. [ 9 ] The foster mother testified that she has a daughter who is 13 years old and has been fostering another youth for the last 15

years. This adolescent is now 17 years old. [ 10 ] The child was confided to her on May 27, 2013. She was then 11 months. The foster mother mentions that the child has adapted quite easily to the family and that she herself has gotten attached to the child very easily.

She is ready to foster the child until she reaches majority. [ 11 ] The foster father, mister D , testified that he considers the child to be like his own daughter and he is also ready to foster her until she reaches the age of majority. [ 12 ] Considering the admission and the evidence, the Court concludes that the security and development of the child are compromised and is convinced that the applicant's recommendations are appropriate in order to put an end to the situation that endangers the child.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the petition; [ 14 ] ENTRUSTS the child to a foster family until she reaches majority; [ 15 ] MAINTAINS that the security and development of X , born on [...] , 2012, are still being compromised; [ 16 ] ORDERS that the parents actively participate in applying the present measures; [ 17 ] ORDERS that a person working for an establishment or organisation provides aid, council and assistance to the child and the parents; [ 18 ] ORDERS that the parents report to the Director of Youth Protection at regular intervals to inform him of the evolution of the situation; [ 19 ] ORDERS that the contacts with the mother and the father be supervised by the Director of Youth Protection as for the length, frequency and modalities and in the child's best interest; [ 20 ] ORDERS that the exchange of information be permitted between the professionals involved in the child's situation; [ 21 ] ORDERS that the exercise of certain attributes of parental authorities be withdrawn from the parents and granted to the Director of Youth Protection: educational, medical, sports and cultural activities, passport, authorization to travel outside of Canada, driver's licence; [ 22 ] ORDERS that any police body collaborate for the purpose of executing the present measures; [ 23 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing the present measures. __________________________________ Marc E.

Grimard, J.C.Q. M e Julie Lemire Counsel for the applicant M e Peggy Warolin Counsel for the child Date of hearing: 16 th of April 2014