2018 QCCQ 18516, 2018 QCCQ 18516

Protection de la jeunesse — 188369 2018 QCCQ 18516 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-001705-141 DATE: October 4, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE MARC OUIMETTE J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2], youth protection worker, duly authorized by the Director of Youth Protection A Applicants and X , born on [...], 2008 Child and A Mother ______________________________________________________________________ JUDGMENT (

section 95 , Youth Protection Act , CQLR, c. P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication 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 ] The Court has before it a motion to review Justice Lucille Beauchemin’s decision dated February 15, 2017, to the effect that the child be placed in the care of Y and his spouse, B, until she is of full age. [ 2 ] At the hearing, the mother and the child were present and assisted by counsel. Facts: [ 3 ] On June 30, 2018, the child had a sleepover at her aunt’s home and refused to return to the care of Y and B. [ 4 ] The child stated that Mr.

Y hit her on the back of the head, and she appeared to be afraid to him. [ 5 ] Both foster parents denied that Mr. A had hit the child, but admitted they threatened to hit her when she would not listen. [ 6 ] The child has a room in the basement, where the presence of mold was detected. [ 7 ] The child was temporarily entrusted to a foster parent who had fostered her in the past. [ 8 ] The mother continues to act aggressively and inappropriately towards the youth protection caseworker.

She does not collaborate with the youth protection caseworker. [ 9 ] The mother did not have authorized visits or contacts with the child, but she has seen her during family gatherings. [ 10 ] The mother is still in a relationship with Mr. C, who did not attend treatment to address his personal issues.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] REVIEWS the decision or order rendered on February 15, 2017; [ 13 ] DECLARES the security and development of X, born on [...], 2008, to be still in danger in accordance with the Youth Protection Act ; [1] [ 14 ] ORDERS that the child be placed in a foster family for a period of one year, taking note that the foster family is D;

[ 15 ] ORDERS that the contacts with the mother and Mr. C be supervised by the Director of Youth Protection with regard to the terms and degree of supervision, its frequency and modalities, and taking into account the needs and wishes of the child; [ 16 ] ORDERS that contacts with the mother and Mr. C take place only on the strict condition that the mother and Mr.

C are sober during the visits; [ 17 ] ORDERS that contacts between the child and her siblings be encouraged and determined by the Director of Youth Protection; [ 18 ] ORDERS that the child, mother and foster family fully collaborate with the Director of Youth Protection and meet the social worker upon request; [ 19 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother with respect to signatures for medical care, education, social, recreational and extra-curricular activities for the child’s benefit and for the purpose of the child’s travel, including applying for a passport; [ 20 ] ENTRUSTS the exercise of the authority to the Director of Youth Protection; [ 21 ] ORDERS that aid, counselling and assistance be provided to the child, the child’s foster family and parents for a period of twelve (12) months; [ 22 ] AUTHORIZES visits of the child to her aunt E under the supervision of the Director of Youth Protection; [ 23 ] ORDERS that the police collaborate with the execution of the order; [ 24 ] ENTRUSTS the child’s situation to the Director of Youth Protection A, who shall see that the measures of the agreement are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Adelia Ferreira Counsel for the applicant Mtre. Marie-Josée Ayoub Counsel for the child Mtre. Michel Grenier Counsel for the mother Date of hearing: September 6, 2018