2014 QCCQ 18815, 2014 QCCQ 18815

Protection de la jeunesse — 146637 2014 QCCQ 18815 COUR OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 525-41-020324-075 DATE : September 15, 2014 ______________________________________________________________________ BY THE HONOURABLE CAROLE BROSSEAU, JCQ ______________________________________________________________________ In the case of: X Born on […], 1998 ______________________________________________________________________ JUDGMENT (Section 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 ] CONSIDERING the motion for revision of the decision rendered on August 19, 2010 presented by the Director of Youth Protection; [ 2 ] CONSIDERING the provision of

section 95 of the Youth Protection Act ; [ 3 ] CONSIDERING that parties filed a consent form for 95 fast track which was signed by the parties on August 21, 2014; [ 4 ] CONSIDERING that the adolescent's lawyer confirms the consent of the adolescent to be entrusted on her maternal uncle, Mr.

A; [ 5 ] CONSIDERING that the adolescent and her brother have been residing in the foster home of their maternal grandmother for the past seven years; [ 6 ] CONSIDERING that while the adolescent has had her basic needs met under her grandmother's care, she needs more tenderness and understanding from her caregiver; [ 7 ] CONSIDERING that the adolescent's family has collectively made the decision for her to be entrusted to her uncle, Mr.

A; [ 8 ] CONSIDERING that the Court provisionally entrusted the adolescent to her maternal uncle on August 21, 2014; [ 9 ] CONSIDERING that the parents were present at this hearing and agreed to this provisional measure; [ 10 ] CONSIDERING that the parents have not withdrawn their consent since; [ 11 ] CONSIDERING that the maternal uncle is committed to raising the adolescent and has been accepted as a proximate foster home; [ 12 ] CONSIDERING that the adolescent will reach majority on March 25, 2016; [ 13 ] CONSIDERING that the adolescent has felt in the past angry and depressed; [ 14 ] CONSIDERING that the adolescent was diagnosed with Dysthymia, a mild but long-term form of depression; [ 15 ] CONSIDERING that the parents maintain regular contacts with their daughter; [ 16 ] CONSIDERING that the adolescent's mother made significant progress since the last Court order, but she is still unable to care of her daughter; [ 17 ] CONSIDERING that the adolescent struggles with her identity as a First Nation Person living in […] and wishes there were more young Crees around her; [ 18 ] CONSIDERING the best interest of the adolescent;

[ 19 ] THE COURT: [ 20 ] GRANTS the motion; [ 21 ] DECLARES that the security and development of the adolescent are still endangered; [ 22 ] TAKES JUDICIAL NOTICE of the consent signed by all parties on August 21, 2014 and filed as D-1; [ 23 ] AS FAR AS THE MEASURES ARE CONCERNED: [ 24 ] ENTRUSTS the adolescent to the care of Mr. A; [ 25 ] TAKES JUDICIAL NOTICE that Mr. A will be evaluated to become a foster family and in the eventuality that he is recognized as a foster family, that the adolescent be entrusted to the foster family of Mr.

A until her age of majority; [ 26 ] WITHDRAWS from the parents the attributes of parental authority and delegate to Mr. A for the purpose of signing all consents pertaining to the adolescent; [ 27 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family; [ 28 ] THE WHOLE until her age of majority; [ 29 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall then see that the measures are carried out.

Made and signed in […] On September 19, 2014 __________________________________ CAROLE BROSSEAU, JCQ Me Sym Davis Attorney for the Director of Youth Protection Me Marc Morin Attorney for the adolescent Date of hearing: September 15, 2014