2014 QCCQ 14081, 2014 QCCQ 14081

Protection de la jeunesse — 142129 2014 QCCQ 14081 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] Youth Division No: 640-41-001352-118 DATE: April 16, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2006 CHILD ______________________________________________________________________ MRS. [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND MRS. A MOTHER AND MR.

B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 Y.P.A.). [ 1 ] The Director of Youth Protection presents a motion asking the Court to review a precedent Court order rendered on October 18, 2012. [ 2 ] At the hearing the father is present but not represented by counsel. Mrs.

A, who was duly served, is absent. Mtre. Ratha Heang acts on behalf of the child and Mtre. Gabriel Gaudreault represents the petitioner. [ 3 ] On October 2012, the Court ordered the placement of the child until she reaches the age of majority. The life plan presented was with the foster family of Mrs. C. It appears that the child had to be transferred from this foster family on January 19, 2013. She was placed in another foster family during the time the Director of Youth Protection prepares a new life plan for the child. On July 2013, the child was entrusted to Mrs. D and Mr.

E who are assessed to act as foster family. In fact, Mrs. D is a paternal aunt of the child. [ 4 ] The evidence revealed that X has adapted very well to her new environment. The foster parents testify that they are willing to take care of X until she reaches the age of majority. They are well aware of their responsibilities and that the parents will remain present in X's life. [ 5 ] X has access rights to her father by phone. Recently she also has contact with her mother. [ 6 ] The father is in agreement with the life plan presented by the Director of Youth Protection.

He has good communication with his sister and receives information about the development of X. He also agrees that certain attributes of parental authority be exercised by the foster parents and that, in the best interest of X. [ 7 ] Mtre.

Heang, who is acting on behalf of the child, declares that this life plan is in the best interest of his young client and respect her rights. [ 8 ] The Court is satisfied that the previous Court order has to be reviewed in order to change the name of the foster family. [ 9 ] FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] REVIEWS the last Court order; [ 12 ] DECLARES that the security and development of X are still endangered;

[ 13 ] ORDERS the placement of X in a foster family, namely the one of D and E, until she reaches the age of majority; [ 14 ] ORDERS that aid, counselling and assistance be provided to the child, her parents and the foster parents; [ 15 ] ORDERS that any access rights between the parents and the child be supervised by the Director of Youth Protection as for the frequency, duration, modalities including the presence of a third person if needed; [ 16 ] ORDERS the parents to be and remain sober when in presence of the child; [ 17 ] ORDERS the parents not to put the child in presence of people under the influence of intoxicating substances; [ 18 ] WITHDRAWS from the parents certain attributes of the parental authority and AUTHORIZES the foster parents, D and E to sign any documents pertaining to school, social and sporting activities, health and social services, traveling documents including a passport; [ 19 ] ORDERS to any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 20 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Gabriel Gaudreault Counsel for the applicant Mtre. Ratha Heang Counsel for the child Mr. B Father Date of hearing: March 27, 2014