2017 QCCQ 11830, 2017 QCCQ 11830

Protection de la jeunesse — 175117 2017 QCCQ 11830 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001688-131 DATE: August 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2013 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.Q. 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 A submits a motion asking the Court to review the situation of X who is 3 ½ years old.

He asks that the child be placed in the specific foster family of Mr C until his majority. [ 2 ] At the hearing, the parents are present, assisted by Me Michel Grenier and Me Marie-Josée Ayoub. Me Yan Massé represents the child and Me Adélia Ferreira assists the applicant. [ 3 ] On June 4, 2015, Honourable Jean Gravel rendered a decision with regard of

section 95 Y.P.A. pursuant to a draft agreement. The child X was entrusted to the foster family of Mr C for two years with specific orders for the parents. [ 4 ] Now with the admissions made by the parents, the testimonies of the social worker and the foster parent, Mrs D, and the revision report, it is proved that it is in the best interest of X to be placed in that foster family until his majority. [ 5 ] X lives in that foster family since his birth. He was three days old when Mr C assume him and always continue since. The child is developing well. He attends daycare regularly.

He has bonds with this family. [ 6 ] The foster parents provide him a secure, stable and nurturing environment. They are attached to the child and they wish to assume him until his majority. [ 7 ] The mother maintained regular contacts with the child until last Goose break. During the Goose break, an argument occurred between the mother and the foster mother, and since, supervision by the Director of Youth Protection is required. [ 8 ] The mother still has problems with alcohol abuse even if she attended two different treatment programs in 2016. She does not have a stable home.

She sometimes resides at her mother’s place or sometimes at friends’ place. [ 9 ] She cannot provide for the child’s needs. [ 10 ] Concerning the father’s involvement, evidence reveals that the father never visit the child and is not involved in X’s life. [ 11 ] Given the admissions made by the mother and the father; [ 12 ] Given

section 91 of the Y.P.A.; [ 13 ] Given the fact that the child reside in this foster family for more than 2 ½ years and it seems inherently implausible to think that

he could be assumed by his parents; THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X are still in danger; [ 16 ] ORDERS the placement of X in the foster family of Mrs D and Mr C until his age of majority; [ 17 ] ORDERS the Director of Youth Protection to supervise all contacts and visits between the parents and the child (duration, frequency and modalities); [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the child until X’s majority; [ 19 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Me Yan Massé Attorney for the child Date of hearing: July 7, 2017