2016 QCCQ 10946, 2016 QCCQ 10946

Protection de la jeunesse — 164782 2016 QCCQ 10946 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-000769-056 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2002 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Court is seized with a motion in revision concerning the situation of X, 14 years old. On March 22, 2005, the Honourable Marc E. Grimard, J.C.Q., rendered a decision ordering the placement of X in a foster home until her majority due to her condition.

The Director of Youth Protection now asks that the exercise of attributes of parental authority be withdrawn from the mother and granted to him. [ 2 ] The mother is absent at the hearing, represented by Me Marie-Claude De Gagné. Me Cassandra Neptune represents the youth and Me Aubrée Coutanson the applicant. [ 3 ] Me De Gagné, for the mother, admits the allegations and agrees with the recommendations.

The mother did not have any contact with her daughter for more than three years and she is not involved in her life. [ 4 ] Because of her medical needs, the child lives in the same foster family at Centre Montérégien de réadaptation (CMR) since September 2006. She has health issues, notably quad spastic cerebral palsy since her birth. She attends a specialized school and she is well adapted to this life. In December 2015, she broke her femur and it was particularly difficult to obtain the authorizations from the mother for the hospital. It is always difficult to obtain medical and school authorizations.

Sometimes the mother is unreachable or she refuses to sign. [ 5 ] It is in the child's best interest that the Director of Youth Protection be empowered with such authority. [ 6 ] Considering the mother's agreement and the evidence, FOR THESE MOTIVES, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X are still in danger; [ 9 ] ORDERS that the youth X be entrusted to the specialized foster care until her majority due to her condition; [ 10 ] ORDERS that the youth receive health care services; [ 11 ] WITHDRAWNS from the mother some attributes of parental authority related to medical, school and extra-curricular consents; [ 12 ] AUTHORIZES the Director of Youth Protection to exercise all those attributes of parental authority and ORDERS him to advise the mother once a year of the list of consents provided; [ 13 ] ORDERS that the Director of Youth Protection supervise the contacts and visits rights between the youth and her mother;

[ 14 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and the mother for the duration of the Court order; [ 15 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Aubrée Coutanson Attorney for the applicant Me Marie-Claude De Gagné Attorney for the mother Me Cassandra Neptune Attorney for the youth Date of hearing: July 13, 2016