2015 QCCQ 9644, 2015 QCCQ 9644
Opinion
Protection de la jeunesse — 15750 2015 QCCQ 9644 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000298-118 DATE: May 29, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner and X born on [...] Child and A and B Parents ______________________________________________________________________ RECTIFIED JUDGMENT ______________________________________________________________________ [ 1 ] Considering the judgement rendered on March 2, 2015; [ 2 ] Considering the omission to specify in one of the conclusions the words “foster family”; [ 3 ] Considering the
section 475 of the Civil Procedure Code ; WHEREFORE, THE COURT: [ 4 ] RECTIFIES the judgement of March 2, 2015, to correct paragraph 15, to read as follows: ORDERS that the child be entrusted to a foster family designated by the DYP, namely Mrs. C , until [...] 2028 (age of majority). __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Mélissa Plourde for the petitioner Me Florence Frappier-Routhier for the adolescent Me Hugo Caissy for the mother
Mr.
B the father Date of hearing: March 2, 2015 Written judgment filed on April 1, 2015 Protection de la jeunesse — 15750 2015 QCCQ 9644 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000298-118 DATE: March 2, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner and X born on […], 2010 Child and A and B Parents ______________________________________________________________________ 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 Court is seized with a petition for a revision of an order according to
section 95 paragraphs 1 and 3 of the Youth protection act. [2] The brother, Y, born on […], 2007, is aimed by the same request. The parties agree to present a common proof. [3] At the hearing, the mother is present and represented. The father is present but unrepresented. They both agree with the measures proposed by the Director of the youth protection (DYP) and the deposit of the report to value the testimony of their author. [4] The mother requests an amendment of the petition, to specify the name of the foster family in the conclusions, to add the name of C after the designated foster family.
The amendment is not contested by the parties. [ 5 ] On July 4, 2014, the Court of Québec, youth division, declared the security and development of the child endangered, and the children were confided to their aunt C until their majority. [ 6 ] The aunt was evaluated as a foster family and since February 1, 2015, she was recognized as such. [ 7 ] This new status of Mrs. C allows the children to benefit from a better living condition in the material plan.
[ 8 ] The children are doing well in the care of C. She can provide for their needs. [ 9 ] Since the last Court order, no change occurs in the situation of the children. [ 10 ] The DYP asks the revision of the order so that the children are entrusted to a foster family hereby designated as C, being heard that they will remain in their environment. WHEREFORE, THE COURT: [ 11 ] GRANTS the petition for revision of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the Y outh protection act ; [ 13 ] REVISES the Court order rendered on July 4, 2014; [ 14 ] MAINTAINS all conclusions of the order of July 7, 2014, that are not in contradiction with the present; [ 15 ] ORDERS that the child is entrusted to Mrs. C, designated by the director of youth protection until […], 2028 (age of majority); [ 16 ] ENTRUSTS the situation of the child to the DYP of the Centre jeunesse A for the carrying out of the judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.
Me Mélissa Plourde for the petitioner Me Florence Frappier-Routhier for the adolescent Me Hugo Caissy for the mother Mr. B the father Date of hearing: March 2, 2015 Written judgment filed on Avril 1, 2015
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