2016 QCCQ 9509, 2016 QCCQ 9509

Protection de la jeunesse — 164008 2016 QCCQ 9509 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000532-119 DATE: January 29, 2016 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MR [SOCIAL WORKER 1], Director of Youth Protection, exercising his profession at the Centre jeunesse A, having a place of business at […] in City A, district A, […] Petitioner -and- X, presently hosted at […] at City B, district B, […] Child -and- MRS A, domiciled and residing at […] at City C, district C, […] Mother -and- MR B, unknown address Father ______________________________________________________________________ JUDGMENT

Section 95 (par. 3) 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection makes an application to review a portion of a decision rendered on September 12, 2012 by Judge Marc E.

Grimard by which the child was entrusted to her paternal aunt Mrs C. [ 2 ] In light of legislative amendments pertaining to closeness foster families and considering that Mrs C is now recognized as such a foster family, the Director of Youth Protection requests that the Court revises the last court judgment in order to take into account this new fact. [ 3 ] In accordance with

section 95 paragraph 3 YPA, the parties file a written agreement in which the facts are admitted by them. All the parties agree with the measures proposed. [ 4 ] The agreement filed contains the following admissions: 1. We recognize received a copy of the motion to review a decision. Motion dated February 11 th , 2015, presentable at City C February 26, 2015, 2. We recognize we received a copy of the following documents and we took knowledge of it : T itle A uthor D ate 1. Motion Lemire, Gaouette & Martel February 11, 2015 2. Revision report [Social Worker 2] January 20, 2015 3.

Agreement of absence of the parties at the court for the uncontested cases. Lemire, Gaouette & Martel 3. We were informed of the orientation in the present case and we are agree that X, born on […], 2010, be entrusted to Mrs. C, a closeness foster family until she reaches her majority; 4. We were informed that we may be present at the hearing but we inform the court that we will not show up;

5. We were informed that we have the right to consult a lawyer before we sign; [ 5 ] The Court took notice of the report filed in support of the Director’s application. The documentary evidence shows that the child is well taking care of by Mrs C and the aunt is able to offer the child stability, security and a sense of belonging. [ 6 ] The Court is convinced that the order rendered by Judge Grimard on September 12, 2012, must be revised only to take into account that the child’s paternal aunt, Mrs C is now recognized as a closeness foster family.

The proposed measures are in the best interest of the child and the Court is satisfied that the parties gave their consent in a free and enlightened manner. FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the petition; [ 8 ] DECLARES that the security and the development of X, born on […], 2010, are still endangered; [ 9 ] REVISES the decision rendered by Grimard J. on September 12, 2012; [ 10 ] CONFIRMS the agreement according to

section 95, 3 rd paragraph of the Youth Protection Act ; [ 11 ] ORDERS that the child be entrusted to Mrs C, closeness foster family; [ 12 ] MAINTAINS all other measures ordered by Grimard J. on September 12, 2012. __________________________________ NANCY McKENNA, J.C.Q. M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the DYP M e Sébastien Lebel Lawyer for the child Date of hearing: January 19, 2016