2019 QCCQ 15286, 2019 QCCQ 15286

Protection de la jeunesse — 1910605 2019 QCCQ 15286 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001549-135 DATE: November 21, 2019 (written judgment rendered on November, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2012 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 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 (DYP) asks the Court to revise a decision rendered on March 18, 2014, regarding the child, X, born on [...], 2012.

At that date the Court declared the security and development still in danger and entrusted the child to the maternal grandmother, until her majority. [ 2 ] The DYP submits that as the grandparents traditionally adopted the child, her situation is not in danger anymore and requires to close the file. [ 3 ] The adoptive parents are absent, but represented by Me Leonard. They admit all the allegations and agree with the recommendation. [ 4 ] X who is 6 years old is absent, but represented by Me Neptune. On her behalf, Me Neptune agrees with the recommendation.

Historical situation [ 5 ] On March 27, 2013 , the Court declared the security and development of the child in danger and entrusted her to her mother to the strict condition that she resides at the grandmother’s place for a period of six months. [ 6 ] On November 12, 2013 , the Court entrusted the child under the grandparents’ care until March 14, 2014. [ 7 ] On March 18, 2014 , the Court entrusted X to her grandparents’ care until she reaches her majority. Facts [ 8 ] On July 1, 2017, the grandparents legally adopted X through an Inuit Customary Adoption.

Due to administrative delay, the DYP had to stay involved in X’s situation until all the papers are done. [ 9 ] The security and development of X were declared in danger under

section 38 (d) (1) because of the physical abuse on the part of the biological mother. This situation does not exist anymore. X is very well taken care by her grandparents and there is no more risk for her to be the victim from her biological mother. Analysis [ 10 ] The Court is satisfied by the evidence and this happy end in X’s life. FOR THOSE REASONS, THE COURT:

[ 11 ] GRANTS the application; [ 12 ] REVISES the previous decision; [ 13 ] DECLARES that the security and development of the child X , born on [...], 2012, are not in danger anymore. __________________________________ PEGGY WAROLIN , J.C.Q. Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Marianne Léonard , attorney for the parents Date of hearing: November 21, 2019