2014 QCCQ 16314, 2014 QCCQ 16314

Protection de la jeunesse — 144368 2014 QCCQ 16314 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division»

N° : 505-41-006794-129 DATE : February 17, 2014 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2012 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, JUDGMENT Section 95(2) 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is seized of a motion for prolongation of a Court decision under section 95(2) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the prolongation of the Court order rendered on June 18 th , 2013 for the following new facts, as it appears in paragraph of the motion: "

a) The parents did not have any contacts with the child;

b) On October 1 st , the grandmother was granted custody of the child by the Superior Court;

c) The child completed an early childhood psychological assessment as well as a speech and language screening;

d) The child's biological parents remain incarcerated;

e) The grandmother has requested support to begin the adoption process for the child; [ 3 ] The parents, although informed of the hearing are not present. The Court proceeded in their absence under

Article 77 of the Youth Protection Act. [ 4 ] The child, by her attorney, ignores all the allegations of the declaration and agrees to the conclusions. [ 5 ] By consentent of the parties, the following reports are filed: D-2 Addendum to 95 Report, dated February 12, 2014.

D-3 Judgment of Superior Court, dated October 1 st , 2013. D-4

Summary of Psychological Services Report, dated December 1 st , 2013. D-5 Speech and Language Screening, dated November 21 st , 2013. D-6 Advisory notice, dated August 5, 2013. [ 6 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and the development of the child are still compromise; [ 9 ] ENTRUSTS the child's care to the paternal grandmother, Mrs.

C, until her majority, […], 2030; [ 10 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 11 ] WITHDRAWS the exercise of certain rights of parental authority from the parents and AUTHORIZES the paternal grandmother, Mrs.

C, to sign the authorizations required for medical, dental, educational, leisure and travel, including getting a passport and driver's license; [ 12 ] PROHIBITS any contact between the child and both of her parents; [ 13 ] TAKES ACT that the DYP will assist the grandmother through the adoption process; [ 14 ] ENTRUSTS the situation of the child to the Youth Protection Director for the execution of the measures ordered; [ 15 ] THE WHOLE until her majority, [...], 2030; [ 16 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Alexandre Germain Attorney for the child Me Patrick-Olivier Mailhot Attorney for the declarant