2012 QCCQ 11152, 2012 QCCQ 11152

Protection de la jeunesse — 123672 2012 QCCQ 11152 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-003643-106 DATE: May 25, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […], 2009 Child THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents of the child ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] On September 12, 2011, the Court rendered a six month order entrusting the child X to foster care, with supervised access rights for the parents following mutual agreement.

[ 2 ] The Director of Youth Protection presents a motion for extension of the said order, alleging that the situation of the child justifies said measures for the reasons particularly detailed in paragraph 4. [ 3 ] The parents are absent, being both presently incarcerated. The mother is represented by attorney and her position and agreement as to the motion is consigned in the Court record.

The father is aware of the proceedings and in agreement with his child remaining on a permanent basis with his present foster family, following the testimony of the Petitioner. [ 4 ] The child is entrusted to the foster family of C and C since he is […] months old. He is evolving positively in this milieu and has bonded to his foster family. [ 5 ] The father has been incarcerated on a murder charge since September 10, 2010.

He maintains regular phone contacts and four visits are organized with the foster family at the correctional facility. [ 6 ] The mother is also presently incarcerated on a related charge of being an accessory after the fact. While her visits are generally positive, they are sporadic, with long periods of no contact. Released on bail from July 2011 to March 2012, she visits with her son once a week for a period of two hours.

Since the revocation of her bail, she seeks no visitation, although contacts are maintained through cards, letters, etc. [ 7 ] In virtue of the last Court order, the maternal grandmother is granted supervised visits to the child.

No visits occur, as she fails to communicate with the Director. [ 8 ] Notwithstanding the affection that the parents demonstrate for their child, their mutual instability, chronic criminality and uncertain futures, convince the Court that his security and development remain in danger and that it is necessary to prolong his placement. [ 9 ] The foster family anticipates relocating to western Canada, as Mr. C is being transferred by his employer. The parents are aware of this plan and agree that it is in the child's best interests that he remains with his foster family.

The foster parents are ready to assume his care on a long-term basis, while remaining open to the parents continued involvement. [ 10 ] The measures suggested are the fruit of discussions between the Director and the mother, with the participation of the foster parents. [ 11 ] In view of the admissions and the reports submitted in evidence, the Court is satisfied of the evidence and consequently determines that the security and the development of the child remain in danger. [ 12 ] As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights, as well as the best interests, of the child. [ 13 ] FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child X are still in danger; [ 16 ] ENTRUSTS the child to foster care; [ 17 ] TAKES ACT that he will be maintained in the foster family of Mr.

C et Ms.

D; [ 18 ] AUTHORIZES the contacts between the child, his parents and his extended family following mutual agreement between the parties and in the presence of a third party designated by the Director of Youth Protection; [ 19 ] TAKES ACT of the parties agreement to the effect that the foster family will act as this third party; [ 20 ] TAKES ACT that the foster family may reside outside the province of Quebec, yet in Canada, with the child, during the duration of the order; [ 21 ] TAKES ACT of the parents agreement with the child living outside the province of Quebec, yet within Canada, during the duration of the order; [ 22 ] WITHDRAWS certain rights as to parental authority from the parents and authorizes the foster family to give authorization and sign documents in regards to the following : 1.

Medical needs, excluding surgery or any invasive procedures; 2. Schooling, including registration for kindergarten or pre-school; 3. Extra-curricular and leisure activities, including day camp or summer camp; 4. Travel within Canada; [ 23 ] AUTHORIZES the Director of Youth Protection to authorize and/or sign the documents required to obtain the child's passport, as well as to authorize travel outside Canada; [ 24 ] TAKES ACT that the foster family will inform the Director of Youth Protection and the parents of the child's situation;

[ 25 ] TAKES ACT that the parents and the foster family will make direct arrangements as to the contacts; [ 26 ] TAKES ACT that the foster family will facilitate the contacts between the child and his parents; [ 27 ] AUTHORIZES the foster family to include the child as a dependent in their medical insurance plan; [ 28 ] TAKES ACT that the foster family will promptly advise the Director of Youth Protection, as well as the parents, of any changes in their residential address or telephone coordinates; [ 29 ] TAKES ACT that the Director of Youth Protection will proceed to the elaboration of a permanency plan; [ 30 ] ALL THESE measures for a period of one (1) year; [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Caterine Caron Attorney of the Director Me Danielle Plante Attorney of the mother Me Karine P. Poissant Attorney of the child Date of hearing: 25 mai 2012