2023 QCCQ 6691, 2023 QCCQ 6691

Protection de la jeunesse — 233570 2023 QCCQ 6691 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001009-205 DATE: June 2, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X , born on [...], 2017 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother (deceased) and EXECUTIVE DIRECTOR OF YOUTH PROTECTION Tutor ______________________________________________________________________ JUDGMENT FOR EXTENSION (

Section 95 of the Youth Protection Act (R.S.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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 2, 2023. [ 2 ] The Director of youth protection (DYP) asks the Court to extend the decision rendered on June 15, 2022, in the situation of Y, four years old, and X, five years old. [ 3 ] At that date, their security and development were declared still endangered pursuant

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a) Y.P.A. [1] and a draft agreement was ratified, entrusting the children to a foster family with different measures of help for one year. Questions in litigation [ 4 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] The mother of the children is deceased, and the father is undeclared on their birth certificate. However, Mr.

B is recognized as the paternal figure by the children and the family. [ 6 ] DYP is named as tutor for the children since August 24, 2022. [ 7 ] The children live at their great grandmother with their siblings and have daily contact with Mr. B. [ 8 ] The children have developed a very strong bound with Mrs. C who wishes to maintain her dedication towards the children until their majority. [ 9 ] DYP mentions the children are very well taken care of by Mrs.

C, and this environment is suitable for them. [ 10 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that

the proof is sufficient to declare that the security and development of the children are in danger and that the measures suggested meet their needs and deemed to be in their best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] EXTENDS the decision rendered on June 15, 2022; [ 13 ] DECLARES that the security and development of X, born on [...], 2017, are still compromised pursuant

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a) of the Y.P.A.; [ 14 ] ENTRUSTS the child to the foster family of Mrs. C, their maternal great grandmother, until the age of majority; [ 15 ] ORDERS that Mrs. C report at regular intervals to the Director to inform her of the current situation; [ 16 ] ORDERS that Mrs. C take an active

part in the application of any of the measures ordered by the Court; [ 17 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and the foster family; [ 18 ] ENTRUSTS the situation of the child to the Director who shall then see that the measure is carried out; [ 19 ] THE WHOLE until [...], 2035. __________________________________ Dominique Wilhelmy, J.C.Q. M e Camille Striganuk For the applicant M e Geneviève Lucas For the child Date of hearing: June 2, 2023