2019 QCCQ 15189, 2019 QCCQ 15189

Protection de la jeunesse — 1911723 2019 QCCQ 15189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] “Youth Division” N° : 640-41-001934-154 DATE : October 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2013 and A and B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 9, 2019. [ 2 ] The court is seized of an application for revision presented by the Director of youth protection (DYP) of a decision rendered on July 25, 2018, requesting that the security and development of the child be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the child to a foster family, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] Both parents agree with the recommendations of the Director, and they recognize that security and development of their child is still in danger. [ 6 ] The mother expressed that she is unable to answer all the medical needs of her son. [ 7 ] The father is detained until 2021 and is struggling with alcohol addiction as well as violent behaviour. [ 8 ] The child who was previously placed in numerous foster family, needs to live in a safe environment, his health needs have to be provided on a stable manner. [ 9 ] His current home environment responds to his needs and it is observe that he is developing to his full potential.

The foster parents are involved with the child and agree to take charge of him until his age of majority.

[ 10 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the child are still compromised; [ 13 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth center, until his majority; [ 14 ] TAKE JUDICIAL NOTICE that it will be the family of Mrs C and Mr D; [ 15 ] ORDERS that the contact between the child and the parents be determined by the Director of Youth Protection with regard to the terms and degree of supervision; [ 16 ] ORDERS the Director to organize contacts with the siblings in the south ; [ 17 ] ORDERS the parents to take an active

part in the application of the measures ; [ 18 ] ORDERS that the child receive healthcare services required for his health conditions and developmental delays; [ 19 ] WITHDRAW from the parents the attributes of parental authority regarding medical services; [ 20 ] GRANTS the attributes of parental authority regarding medical services to the foster parents, Mrs C and Mr D; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth, the youth’s family and the foster family; [ 22 ] ENTRUSTS the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE until […], 2031. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child Mtre Angèle Tommasel Counsel for the mother