2015 QCCQ 12118, 2015 QCCQ 12118

Protection de la jeunesse — 153349 2015 QCCQ 12118 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-025754-128 Date: April 8, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2010 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 8, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for revision of an order rendered by the undersigned, on March 28, 2013, whereby the now four year-old child, X , was entrusted to his paternal grandmother with aid, counsel and assistance, until he reaches the age of majority, on […], 2028. [ 3 ] The facts alleged in support of the motion for revision dated December 19, 2014, are as follows: 3.1. the child continued to live in the care of his paternal grandmother, Mrs. C, where he is thriving; 3.2. although the father was living with Mrs.

A up until September 26 th 2014, he only was minimally involved with the child and did not interact much with him; 3.3. since Mrs. A has moved in a new home with the child, the father remained uninvolved with the latter; 3.4. the mother visits the child at her grandparents’ home every week-end, from Thursday to Sunday, as well as during the holidays and for extended periods in the summer; 3.5. Mrs. A requires ongoing social and financial assistance from Youth and Family Centres A in order to continue to provide for all the child’s needs; 3.6. Mrs.

A has started an evaluation process to be recognized as a foster family for the child; 3.7. it is in the child’s best interest to remain in the care of Mrs. C (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to the foster home of his paternal grandmother, Ms. C, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on […], 2028. [ 5 ] The mother, assisted by Me De Vette, admitted most of the alleged facts and agreed to the proposed measures.

[ 6 ] The father was absent at the hearing and his current whereabouts are unknown. Consequently, the Court proceeded in his absence. [ 7 ] Me Fafard, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibit D-1 as evidence: D-1: Court report, prepared by [Social Worker 1], dated December 16, 2014. [ 9 ] In

summary, the child continues to thrive in his paternal grandmother’s care and she remains committed to caring for the child. She has been recognized as a foster family and will benefit from additional resources to help fulfill the child’s needs. [ 10 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 13 ] TAKES JUDICIAL NOTICE that the child’s paternal grandmother, Ms. C, has been recognized as a foster family; [ 14 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection has identified the foster family of Ms.

C to care for the child on a long term basis and, consequently, ORDERS that the child be entrusted to the foster family of the child’s paternal grandmother, Ms.

C, and that the child remain entrusted to her; [ 15 ] TAKES JUDICIAL NOTICE that contacts between the child and his parents will occur by consent amongst the parties; [ 16 ] ENCOURAGES contacts between the child and his parents; [ 17 ] ORDERS that the frequency and modality of contacts between the child and his maternal extended family be determined by the Director of Youth Protection; [ 18 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and his family; [ 19 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 20 ] THE WHOLE until the child reaches the age of majority, on […], 2028.

TAYA DI PIETRO, Q.C.J. Me Anne-Marie Dodds Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child Me François De Vette Attorney for the mother TD/vl