2015 QCCQ 16649, 2015 QCCQ 16649

Protection de la jeunesse — 159203 2015 QCCQ 16649 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] «Youth Division» N° : 505-41-006836-128 DATE : November 24, 2015 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on [...], 2002 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, Mother of the child JUDGMENT Section 95(1) of the Youth Protection Act 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is seized of a motion for revision of a Court decision under section 95(1) of the Youth Protection Act . [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the revision of the Court order rendered on June 3, 2015 for the following new facts, as it appears in paragraph of the motion: “

a) Since the last court order, the child has remained entrusted to a rehabilitation center;

b) The child has greatly improved her behaviour such as: i. She is now speaking openly about her mother which shows that she has started her grieving process; ii. She is now able to control her anger and sadness; iii. Her self-estim has improved;

c) As of now, the Director is still trying to mobilise the child into participating in a psychological follow-up;

d) The mother has met the Director at three (3) occasions and a plan to re-establish contacts is on going;

e) The mother is working on herself;

f) The child has monthly contacts with her half sister and these contacts are positive;

g) The child has weekly supervised contacts with her maternal grand-mother and has occasionally contacts with her half brother;

h) The child offers a good collaboration with the Director;

i) The mother and the child agree to the measures;” [ 3 ] The mother, through attorney, admits all the allegations of the declaration and agrees to the conclusions. [ 4 ] The child, through her attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 5 ] By consentent of the parties, the following reports are filed: D-2: Report for the Court, written by [Social Worker 1], dated on November 17th, 2015. [ 6 ] X wishes to be entrusted in a new foster family. She seems to have an avoidance attachment profile.

Therefore, relationships in the unit center weren’t as threatening as the ones in a foster home, which could explain her collaboration with the staff. As of now, she seems to like her new home and the foster family and it seems to be reciprocal.

It is in her best interest to be entrusted to this foster family for until her majority. [ 7 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 8 ] GRANTS the present motion; [ 9 ] DECLARES that the security and the development of the child X are still in danger for the following reasons: ⇒ 38c) psychological ill-treatment; ⇒ 38e)1) physical abuse; ⇒ 38b)1) neglect; [ 10 ] ORDERS that the child be entrusted to a foster family chosen by the Director of Youth Protection A until her majority on [...], 2020; [ 11 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 12 ] ORDERS that the contacts between the child and her mother be following agreement between the parties concerning modalities, frequency and the degree of supervision; [ 13 ] RECOMMENDS that the social worker meets more often with the mother; [ 14 ] FORBIDS the contacts between the child and Mr.

B; [ 15 ] ORDERS that the child and her mother participate actively in the measures to correct the situation and more particularly that they implicate themselves in the intervention plan; [ 16 ] RECOMMENDS that the child receive certain health care and health services namely a psychological follow-up; [ 17 ] WITHDRAWS the exercise of certain rights of parental authority from the mother and AUTHORIZES the Director of Youth protection to sign the authorizations required for medical, recreational, extra-curricular or travel purposes, including the application for a passport; [ 18 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 19 ] THE WHOLE until majority on [...], 2020; [ 20 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Marie-Pierre Blouin Attorney for the child Me Véronique Crête Attorney for the declarant Me Alexandre Germain

Attorney for the mother