2017 QCCQ 17176, 2017 QCCQ 17176

Protection de la jeunesse — 177660 2017 QCCQ 17176 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001580-130 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2007 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 (D.Y.P.) submits to the Court a motion in revision of the decision rendered on August 16, 2016 by Honourable Jean Gravel concerning the situation of X, 9 years old. [ 2 ] The applicant, Mrs. [Social Worker 1], recommends now that the child remains placed in the same foster family until she reaches her majority. [ 3 ] At the hearing, both parents were present assisted by Me Angèle Tommasel for the mother and Me Marianne Léonard for the father.

The child is present, assisted by Me Cassandra Neptune and the applicant by Me Aubrée Coutanson. [ 4 ] The mother admits few allegations and agrees with the recommendations because of the child’s medical situation. She wants to have regular contacts. [ 5 ] The father admits most of the allegations, agrees with the measures except the recommendation of the withdrawal of his authority for the signature of medical authorisations. He wants to be consulted first and if he ever is unavailable, he agrees that the foster parents sign. [ 6 ] The child also makes admissions and she agrees with the measures.

Even though, she wants to have regular contacts with her parents. [ 7 ] The social worker and the foster father testify. [ 8 ] Mr. C and his wife are well aware of the evolution of X. They fostered her when she was two and for two years and now since June 2016. [ 9 ] The child is followed by a pediatrician at the Montreal Children’s Hospital. She will soon meet a resiprologist. She beneficiated from the services of a behavioural technician at her school.

She will soon meet a psychologist to be evaluated because she might have an attention deficit disorder. [ 10 ] Since her birth, the child needs regular medical cares. Because of all the time she spent for medical services, she accumulated delay in her school progression. [ 11 ] The foster parents are well concerned of all her needs and they care a lot for her. They are ready to let the parents get involved in the life of X even if they didn’t request any contact this year. [ 12 ] In the past, medical care for X have been delays due to all the procedures needed to reach the parents. As the foster parents

really care for the child and are ready to collaborate for the contacts and visits, as the child is regularly under medical services, the Court believes it is in X’s best interest that the foster parents have the authority to sign all the medical authorizations required but the Court orders the social worker to advise the parents in reasonable delay of all the authorisations provided. [ 13 ] Considering

section 91.1 of the Youth Protection Law ; [ 14 ] Considering the child’s best interest and the agreement of the parents; [ 15 ] Considering that the foster parents accept to assume the child until her majority; CONSEQUENTLY THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X, born on [...], 2007 are still in danger; [ 18 ] ORDERS her placement in the foster family of Mr. and Mrs.

C and D until her majority; [ 19 ] ORDERS the D.Y.P. to favour and to supervise the contacts between the child and her family as for the modalities, the frequency and degree of supervision; [ 20 ] ORDERS the D.Y.P. to provide the child all the medical services and psychological evaluation and follow-up if required; [ 21 ] WITHDRAWNS the exercise of certain attributes of parental authority from the parents regarding medical, school, social consents and GRANTS it to Mr. and Mrs.

Ross and Brenda C, with the obligation to the D.Y.P. to inform the parents in short delay of the authorizations given; [ 22 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and her family until X’s majority ([...], 2025); [ 23 ] ENTRUSTS the situation of the child to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the child Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father Date of hearing: August 16, 2017