2017 QCCQ 11829, 2017 QCCQ 11829

Protection de la jeunesse — 175116 2017 QCCQ 11829 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-001608-139 DATE: August 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2010 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A asks the Court to review the situation of X, 7 years old. [ 2 ] In the judgment rendered of January 6, 2017, the Honourable Judge Lucille Chabot entrusted the child for a period of five months in a foster family and asked the Director of Youth Protection to establish a life plan for the child, taking into consideration her special needs. [ 3 ] Now, the applicant asks that the child be entrusted in the foster family of Mrs C and Mr D until her majority. [ 4 ] At the hearing, the father and the child are represented by Me Michel Grenier and Me Yan Massé.

The mother is absent even if duly served. Me Adélia Ferreira assists the applicant Mr [Social Worker 1], delegate duly authorized of the Director of Youth Protection. [ 5 ] The evidence of the new facts in support of the revision is constituted of admissions of the father and some from the child and their consent to the measures. A revision report is filed and the foster mother testifies. [ 6 ] Since the last Court order, the parents did not visit their child. The parents were evicted from their home last January 17. The father moved back with his parents and the mother lives in City B with her boyfriend.

The parents did not collaborate with the social worker and did not make any change in their way of life. They are unable to provide a stable environment to the child and are unable to take care of her. [ 7 ] The child is well adapt to the foster family. She receives all the care she needs and the foster parents are very much involved in the child’s life. They are ready to provide her a stable, secure and affectionate environment. The child continues to meet with the psychologist and meets regularly with the doctor.

She is generally doing well in school. [ 8 ] Because of the absence of collaboration of the parents, the applicant asks that parental authority be withdrawn and granted to the foster parents. [ 9 ] Considering the evidence and the father’s consent; THEREFORE, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of X are still in danger;

[ 12 ] ORDERS the placement of X in the foster family of Mrs C and Mr D until her majority; [ 13 ] ORDERS the Director of Youth Protection to supervise the visit rights between the child and her parents (frequency, duration and presence of a third party) and FIXES the minimum contact at once a month for each parent for four hours to the condition that the parents are sober during the visit; [ 14 ] WITHDRAWS the exercise of certain attributes of the parental authority concerning medical, educational, sporting and social activities, request to obtain a passport, travel authorizations and request to obtain driver’s licence and GRANTS them to the foster parents; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the parents (if they ask for it) for the duration of the judgment; [ 16 ] ORDERS the police officer to collaborate with the execution of the present enactment; [ 17 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the father Me Yan Massé Attorney for the child Date of hearing: July 6, 2017