2017 QCCQ 19978, 2017 QCCQ 19978

Protection de la jeunesse — 1710349 2017 QCCQ 19978 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001462-123 DATE: September 25, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2010 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the 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 ] The Director of Youth Protection submits a motion asking the Court to review a previous court order dated November 20, 2012, ordering the placement of the child in the foster home of B and C, and this until the child reaches the age of majority. [ 2 ] For the present hearing, Mtre. Michel Grenier represents the mother, who is not present. Mtre. Constantin Kiryakidis acts on behalf of the child. He has had the opportunity to discuss with X prior to the hearing. Mtre.

Adelia Ferreira acts on behalf of the applicant. [ 3 ] In 2012, a life plan was ordered for X.

On May 17, 2017, the Director of Youth Protection received a report regarding the foster family and X had to be removed under immediate protective measures. [ 4 ] The present motion is not challenged. [ 5 ] Given the admissions made by the parties and the content of the report filed, it appears necessary to change the life plan of the child and, to this day, there is still no foreseeable return of the child with his mother, who continues to live a transient lifestyle. [ 6 ] The Director of Youth Protection requests a placement for a period of nine months to establish this new life plan. [ 7 ] These measures are in the best interest of X. [ 8 ] FOR THESE MOTIVES, THE COURT : [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X are still endangered; [ 11 ] ORDERS the placement of X in a foster family for a period of nine months; [ 12 ] ORDERS the Director of Youth Protection to prepare a new life plan for the child; [ 13 ] ORDERS that any access rights between X and his mother be determined by the Director of Youth Protection as for the frequency and the modalities, taking into account the best interest of the child;

[ 14 ] STRONGLY RECOMMENDS that the mother take the necessary steps to address her personal issues (substance abuse); [ 15 ] ORDERS the mother to be and remain sober when in presence of X; [ 16 ] ORDERS the mother not to put the child in the presence of people under the influence of intoxicating substances; [ 17 ] ORDERS that certain attributes of parental authority be withdrawn from the mother and INVESTS the Director of Youth Protection with these attributes for the purpose of signing any consents for medical, recreational and educational purposes including a passport for travelling purposes; [ 18 ] AUTHORIZES any service providers working with the child or his family to share information with the Director of Youth Protection regarding their clients; [ 19 ] ORDERS that aid, counselling and assistance be provided to the child and his family for a period of nine months; [ 20 ] ORDERS any police force to collaborate with the execution of the court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira DYP A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Mtre. Michel Grenier Lawyer for the mother Date of hearing: July 26, 2017