2011 QCCQ 5491, 2011 QCCQ 5491

Protection de la jeunesse — 11968 2011 QCCQ 5491 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N° : 525-41-023024-102 DATE : March 24, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ In the case of: X Born on […], 2010 ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of March 24, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for extension by the Director of Youth Protection of an order rendered March 16, 2010, entrusting the child to foster care with aid, counsel and assistance for a period of one year. [ 3 ] The principal facts alleged in support of the motion are the following: • From March 16 until September 17, 2010, the child remained in the A foster family; • The child continues to require regular follow-up in neurology and by an occupational therapist due to continued signs of Foetal Alcohol Syndrome; • Shortly after the court order, the maternal grandmother, Ms.

A, came forward an expressed her desire to adopt the child; • A home assessment was conducted by A Social Services, which deemed that the maternal grandmother was suitable as a foster home or adoptive home; • In September 2010, the maternal grandmother came to visit the child; • On September 17, 2010, the child was entrusted to the maternal grandmother’s care and thereafter, she returned with the child to [Province A]; • The mother has not had any contacts with the child with the exception of one visit while the maternal grandmother was in city A; • The mother has not taken any steps to care for the child; • The mother has not collaborated with social services; • The child’s placement in the maternal grandmother’s care needs to be extended to allow the grandmother time to obtain a traditional adoption. [ 4 ] The Director of Youth Protection recommends that the child be entrusted to foster care, taking into account that he has integrated the specific foster home of his maternal grandmother, and that a social follow-up be provided for a period of 12 months.

[ 5 ] The mother is not present at the hearing and her whereabouts are unknown. The mother has no contact with her son. Under the circumstances, the Court proceeded in the absence of the mother. [ 6 ] Counsel for the child considers that the recommended measures are in X’s best interest. [ 7 ] The Court heard the testimony of Ms. [social worker 1], youth delegate, and read the report that the Director filed as proof of the child's situation. The evidence reveals that the child was entrusted to his maternal grandmother’s care, Ms.

A, in September 2010 and that they returned to city B, [Province A]. [ 8 ] The Director of Youth Protection considers that a social follow-up is necessary until the traditional adoption of the child by his maternal grandmother is completed. [ 9 ] Under the circumstances, it is in the child’s best interest to be entrusted to foster care for a period of one year.

The Director of Youth Protection must ensure that the child’s adoption is finalized and that he receives all the health care services his condition requires. [ 10 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 11 ] THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES still compromised the security and development of the child, X; [ 14 ] ORDERS that the child be entrusted to foster care for a period of one year; [ 15 ] TAKES JUDICIAL NOTICE that the child has integrated the home of his maternal grandmother, Ms.

A [ 16 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection, including supervision as deemed necessary; [ 17 ] ORDERS that the Director of Youth Protection be authorized to sign all documentation pertaining to the child, in the event that the mother cannot be reached in a reasonable delay; [ 18 ] ORDERS that the child receive all health care services required by his condition; [ 19 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of one year; [ 20 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection Youth and Family Centres A, who shall see that the measures are carried out; [ 21 ] ORDERS the execution of the present order by any peace officer.

Signed on March 25, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Adelia Ferreira (Counsel for the D.Y.P.) Me Luce James (Counsel for the child) Date of hearing : March 24, 2011