2019 QCCQ 11818, 2019 QCCQ 11818
Opinion
Protection de la jeunesse — 192290 2019 QCCQ 11818 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004804-152 DATE: March 15, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2012 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.
A 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 Director of Youth Protection seeks the extension of various protective measures as concerns the child X, who has been residing in foster care since May 2015 in regards to a situation of neglect in her family environment. [ 2 ] Concurrently, proceedings are pending in view of declaring the child judicially admissible for adoption. [ 3 ] The Court proceeds in the absence of the parents, these having been duly served. [ 4 ] Analysis and decision [ 5 ] Since the last order, X’s situation remains stable in her foster environment.
She has bonded with her foster parents and projects herself on a long term basis with them. The foster parents are prepared to invest themselves in a permanency plan with X. [ 6 ] Contacts with her parents are prohibited since the last order. They remain disinvested in their daughter’s life and the rehabilitation process, despite the efforts to engage them. [ 7 ] The parents continue to present unstable and even precarious, lifestyles. Mental health and consumption issues inhibit their parental capacities. The father is presently incarcerated.
Both parents indicate being in disagreement with the permanency life plan projected for their daughter. [ 8 ] X continues to see her maternal grandmother one day a month. [ 9 ] The child’s security and development remain in danger. This is the third judgment in which the Court recognizes that the conditions for the establishment of a permanency plan for the child are in place.
As proceedings are pending in view of such, the Court allows for a last extension of the measures. [ 10 ] FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the applications; [ 12 ] DECLARES that the security and the development of the child are still in danger; [ 13 ] EXTENDS the Court order rendered on February 2, 2018;
[ 14 ] ENTRUSTS the child to a foster family chosen by the Director of Youth Protection A; [ 15 ] ORDERS that the coordinates of the foster milieu remain confidential with respect to the parents; [ 16 ] ORDERS that the contacts between the child an her maternal grandmother be following agreement between the parties; [ 17 ] FORBIDS any contact between the child and her parents, except for those which answer therapeutic need for the child; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 19 ] ORDERS that the parents take an active
part in the application of the measures ordered; [ 20 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 22 ] ALL THESE MEASURES for one year; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.
Me Anne Catherine Bujold Attorney for the Applicant Me Annie Girard Attorney for the child Date of hearing: March 15, 2019
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