2016 QCCQ 10951, 2016 QCCQ 10951

Protection de la jeunesse — 164787 2016 QCCQ 10951 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division Nos.: 640-41-001733-143 and 640-41-001734-141 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2001 Y, born on […], 2007 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection of the Inuulitsivik C.Y.P.C. asks the Court to revise the decisions rendered on May 19, 2015 by Honourable Jean Gravel, J.C.Q., concerning the situation of X, born on […], 2001, and Y, born on […], 2007.

He asks to extend the placement of the two children in foster family until their majority. The foster family, in the present cases, is the maternal grandmother, with whom the children live since 2014. [ 2 ] The children are absent but represented by Me Cassandra Neptune. The mother is present, assisted by Me Angela Tommasel. Me Aubrée Coutanson assists the applicant, Mrs Julie Baillargeon, delegate duly authorized by the Director of Youth Protection. The maternal grandmother assists to the hearing.

The children's father is deceased. [ 3 ] The evidence in support of the request is constituted of admissions by the mother and the children, a revision report and the testimonies of the social worker and the grandmother. [ 4 ] The mother's situation remains the same as she cannot take care of the children. She had a severe brain injury following an accident a few years ago. She lost important part of her memory, has reduced mobility and speech difficulties. [ 5 ] The children are under the care of the grandmother and have regular contacts with their mother.

The grandmother, Mrs C, offers the security and the structure required by the children. The latter want to remain with their grandmother.

They have regular attendance in school, and even if they need more attention, they are doing well. [ 6 ] Considering the evidence, FOR THESE MOTIVES, THE COURT: [ 7 ] GRANTS the motions; [ 8 ] DECLARES that the security and development of X and Y are still in danger; [ 9 ] ORDERS the placement of X and Y in the foster family of Mrs C until their majority; [ 10 ] WITHDRAWS some parental authorities from the mother and AUTHORIZES the Director of Youth Protection to sign all the consents needed for the children regarding health, school, travelling, social activities and passport; [ 11 ] ORDERS the Director of Youth Protection to report to the mother all consents he provides every year; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children, the mother and the foster family;

[ 13 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Cassandra Neptune Attorney for the children Date of hearing: July 12, 2016