2013 QCCQ 8855, 2013 QCCQ 8855

Protection de la jeunesse — 132002 2013 QCCQ 8855 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004245-125 DATE: January 25, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born :[…] , 2010 Child THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents a motion for extension of a Court decision rendered June 8 th 2012, concerning the child X, born on […] , 2010. [ 2 ] The last order declares that the security and the development of the child are in danger in reason of a situation of psychological ill-treatment.

The Court orders measures of aid and support for a period of six months, as well as entrusting the child to foster care. The Court also orders the suspension of the father's access, whereas it conditionally permits contacts between the mother and the child. [ 3 ] The motion alleges the necessity of measures of protection for an additional period of one year, namely that the child remains in foster care. The Director also suggests the elaboration of a permanency plan and the suspension of the parent's access.

[ 4 ] The parties consign their admissions to the Court record as well as their agreement to the measures. The parents request to be able to observe their son with the foster family on one occasion at the offices of the Director of Youth Protetion. [ 5 ] ANALYSIS AND DECISION [ 6 ] Since April 2012, the child resides with a long-term foster family. Although he initially has difficulties adjusting to his new environment, he progresses and integrates positively with the family. [ 7 ] The parents collaborate well with the intervention, although transparency sometimes eludes them.

They continue to struggle with their family dynamic and the complex emotional issues stemming from their decision to separate their son from the family, a decision resulting from the knowledge that he is not the father's biological child. [ 8 ] There is no direct contact between X and his parents nor his siblings. [ 9 ] In order to preserve the greater family unit and her conjugal relationship, the parents remain firm on their decision. The mother continues to request information concerning her son and needs reassurance as to his situation and future.

On October 5 th 2012, the mother is able to observe X and his foster family in an indirect manner at the offices of the Director. [ 10 ] The foster family meets with the parents twice, as well as sending pictures and news of X regularly. [ 11 ] The parents understand that the permanency plan will entail his adoption by the family with whom he resides and that the present measures afford the time to complete these proceedings. They agree that this venue is in the best interests of their son. [ 12 ] In view of the evidence, the Court determines that the security and the development of the child are still in danger.

As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the child. [ 13 ] The parents ask to see their son on one last occasion in the company of the foster family, with the understanding that the parties will apply the procedure followed in October for the mother, namely that X would be unaware of their presence. [ 14 ] The measures must correspond to the best interests of the child. Although this final measure of contact for the parents is not directly beneficial for the child, it is neither detrimental.

The Court considers that this measure will allow the parents a measure of closure, which will facilitate the intervention, and the eventual application of the permanency plan.

To these ends, this measure is in the best interests of X. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the child are still in danger; [ 18 ] EXTENDS the Court order rendered on June 8, 2012 in the present file; [ 19 ] ORDERS that the child be entrusted to a foster family chosen by Le Centre Jeunesse A for a period of one year; [ 20 ] ORDERS that the coordinates of the foster family remain confidential with respect to the parents; [ 21 ] FORBIDS any contact between the child and his parents; [ 22 ] PERMITS that the parents be afforded one further occasion to observe the child with his foster family at a moment to be determined in conjunction with the Director of Youth Protection and following the modalities determined with them; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his parents for a period of one year; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 25 ] TAKES ACT that the Director of Youth Protection will elaborated a permanency plan for the child; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Karine P. Poissant Attorney for the child

Date of hearing: 25 janvier 2013