2014 QCCQ 14225, 2014 QCCQ 14225

Protection de la jeunesse — 142319 2014 QCCQ 14225 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001179-099 DATE: May 27, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the district A, C.Y.P.C., working in city A APPLICANT and X, residing and domiciled in CITY B, Ontario YOUTH and A, residing and domiciled in city A, Québec, district B MOTHER and B , residing and domiciled in city A, Québec, district B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 Y.P.A.). [ 1 ] The applicant is addressing the Court, asking a review of the decision rendered on April 3 rd , 2012 by the Honourable Denyse Leduc, J.C.Q., in the situation of X, born on […], 2000. [ 2 ] At that time, the Court maintained the status of endangerment and entrusted the child to a specialized foster family for a period of two years with different measures of support. [ 3 ] This day, the applicant is recommending a placement within his current foster family until he reaches majority. [ 4 ] All the parties are present and represented at the hearing.

They all agree with the above-mentioned measure, except for the mother. [ 5 ] To be concise, we gather that none of the parents are in a position to provide the child with an environment meeting his needs. [ 6 ] Generally speaking, the father does not have a permanent and stable home and he is dealing with personal issues that have led him in prison in the past. [ 7 ] The mother hardly proves to be more stable, her milieu of life alternating between the communities of city A and city C. [ 8 ] X has been entrusted to Mrs C and Mr D for almost four years now.

The evidencef demonstrates that he is well adapted within his environment and he is evolving properly. [ 9 ] Both foster parents are ready and willing to continue taking care of him until he reaches majority. Evidently, it is the best alternative in order for the adolescent to continue benefiting from a stable and secure environment. FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] REVISES the decision rendered on April 3 rd , 2012; [ 12 ] DECLARES that the security and development of X, born on […], 2000, are still in danger accordingly to

Section 38 of the Youth Protection Act;

[ 13 ] ORDERS the placement of the adolescent in the foster family of E ,he reaches the age of majority; [ 14 ] ORDERS that the director see that the adolescent, the foster family and the adolescent’s mother, if she asks for it, receive aid, counsel and assistance; [ 15 ] ORDERS that the contacts between the adolescent and his parents be supervised by the director in terms of modalities and frequency, and that they be encouraged; [ 16 ] ORDERS that the exercise of certain attributes of parental authority, such as authorization for school, medical or travel, be withdrawn from the parents and granted to the director or the foster parents; [ 17 ] ORDERS to any peace officer to collaborate in the execution of the present order; [ 18 ] ENTRUSTS the adolescent’s situation to the director who shall then see that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q.

M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire juridique A Attorney for the adolescent M e Angèle Tommasel Attorney for the father M e Marie-Claude De Gagné Attorney for the mother Date of hearing: April 24, 2014