2011 QCCQ 17878, 2011 QCCQ 17878

Protection de la jeunesse — 117005 2011 QCCQ 17878 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] COMMUNITY [...] « Youth division » N° : 635-41-000344-108 DATE : November 15, 2011 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 2009) JUDGMENT ON A MOTION FOR REVISION (Sec. 95(1) Youth Protection Act) [ 1 ] The Director of Youth Protection seeks the revision of the order made on August 16, 2011 entrusting the child X to the same foster home for a period of 3 months and ordering the D.Y.P. to evaluate X's extended family for a life project. [ 2 ] The father did not seek help regarding his alcohol and drugs related problems and only asked once to visit his daughter since the last Court order. [ 3 ] The father even told the Court " I don't mind at all if she is placed until majority" showing the lack of interest he has for his daughter. [ 4 ] X 's uncle, who was evaluated to be a foster family for his niece only visited once the child, did not ask for more visits, is presently the foster family of the child's two siblings and is not really interested is taking charge of the child. [ 5 ] The grandmother is living in Town A, intends to move back to the North but has no house and did not cooperate with the D.Y.P. [ 6 ] The child has been placed with Mrs.

A since the end of August 2010 and her behavior has dramatically improved since then. [ 7 ] The attachment bond between Mrs. A and the child is very strong. [ 8 ] Mrs. A is a teacher, has been living in Town B for 6 years, is well implicated in the community and will integrated in it. [ 9 ] Mrs.

A wants the child to maintain the relationship with her family and to keep her invit culture. [ 10 ] FOR THESE REASONS THE COURT : [ 11 ] GRANTS the petition for revision; [ 12 ] CONSIDERS that the situation constitute new facts; [ 13 ] DECLARES that the security and development of the child X are still compromised; [ 14 ] ORDERS that X be entrusted to the foster family of Mrs. A until the age of majority; [ 15 ] ORDERS that the exercise of certain attributes of parental authority, namely those concerning travel, health, education and

hobbies, be removed from the father and entrusted to the D.Y.P.; [ 16 ] TAKES notice that the D.Y.P. will first try to get the father's consent concerning those matters; [ 17 ] ORDERS that the contacts between the child, her father and her extended family be maintained if asked by them, and organized by the D.Y.P.; [ 18 ] ORDERS that the contacts between X and her siblings, Y and Z , be organized by the D.Y.P. on a regular basis; [ 19 ] ORDERS that a person working for an institution or a body provide aid, counseling and assistance to the child, her father and the foster family; [ 20 ] ORDERS that the child receive all the medical care required by her situation; [ 21 ] ORDERS the father and the foster family to take an active

part in the measures ordered; [ 22 ] ORDERS the D.Y.P., when Mrs. A will be leaving for the South, to organize visits for X to the North to see her siblings; [ 23 ] ENTRUSTS the child's situation to the Director of Youth Protection who shall see that the measures ordered are carried out. PC/nc PAUL CHEVALIER, J.C.Q. Me Stéphanie Lachance, For the D.Y.P. Me Mathieu Brassard, For the child, absent. Mr. A, father, Present and unrepresented. Date of the hearing : November 15, 2011