2019 QCCQ 11253, 2019 QCCQ 11253

Protection de la jeunesse — 192044 2019 QCCQ 11253 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002236-187 DATE: February 25, 2019 ____________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ____________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2018 Child and A Mother and B Father ____________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION ( Sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1 ) ____________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to the Court to have the security and development of X, born on [...], 2018, declared to be in danger pursuant to s. 38 ( a ) – abandonment –of the Youth Protection Act . [1] [ 2 ] At the hearing, both parents were present and assisted by counsel. The child was also represented by counsel. [ 3 ] The parents admitted the following facts. [ 4 ] After the child was born, the mother gave her to extended family members, namely Ms. C and Mr.

D, who plannedto traditionally adopt her. The traditional adoption process, however, was never completed. At the beginning of October, Ms. C and Mr. D returned the child to the mother as she was crying too much. [ 5 ] The mother tried to keep the child, but on October 29, 2018, she went to the Youth Protection office and said that she could not take care of her anymore. That same day, the child was placed in an emergency foster family. [ 6 ] On October 30, 2018, the mother signed a provisional agreement regarding the child and she was maintained in a foster family.

That same day, the mother said that she wants the child to be adopted. [ 7 ] Youth Protection does not know the father’s location or whereabouts. The mother said that she does not know where the father is and that he has never been involved in the child’s life. [ 8 ] Youth Protection confirmed with Ms. C and Mr.

D that they did not want to take the child back under their care. [ 9 ] Nobody wants or is able to assume responsibility for the care, maintenance and education that correspond to the child’s needs. [ 10 ] The parents want their daughter to be fostered by an Inuk family. [ 11 ] Mr. [social worker 2], a social worker from [centre A], testified. He said that every effort had been made to find an Inuk family prepared to foster the child. Every family that they have tried gave up.

They found a family down south ready to foster this young child. [ 12 ] The Court believes that it is necessary to make more of an effort to find an Inuk family somewhere in Nunavut. It is important to protect the child’s cultural, linguistic, religious and spiritual background. FOR THESE REASONS, THE COURT: [ 13 ] GRANTS this application;

[ 14 ] DECLARES that the security and development of X, born on [...], 2018, are in danger under s. 38 (

a) of the Youth Protection Act ; [2] [ 15 ] ORDERS that the child be entrusted to an Inuk foster family chosen by the institution operating a child and youth protection centre until November 30, 2019; [ 16 ] ORDERS that contact between the child and the parents be determined by the Director with respect to the terms, frequency and degree of supervision; [ 17 ] ORDERS the Director of Youth Protection to determine a permanency plan aimed at ensuring continuity of care, stable relationships and stable living conditions that correspond to the child’s needs and age on a permanent basis; [ 18 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS it to the Director, namely regarding health, school, extracurricular activities, travel and the passport; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until November 30, 2019; [ 20 ] ORDERS the police to cooperate in the execution of this judgment; [ 21 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the child Mtre Angèle Tommasel Counsel for the parents Date of hearing: February 25, 2019