2013 QCCQ 19710, 2013 QCCQ 19710

Protection de la jeunesse — 138344 2013 QCCQ 19710 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY […] Youth Court Division No: 760-41-004329-127 DATE: December 18, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […], 2001 Child THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A (deceased) -and- B Parents JUDGMENT ______________________________________________________________________ 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 presents a motion for extension of a Court decision rendered on March 28, 2013 concerning X, born on […], 2001. [ 2 ] The preceding order determines that the security and the development of the child are in danger in reason of a situation of abandonment. Within measures of aid and counsel for six months, the Court entrusts the child in the care of his maternal grandparents, permitting his progressive integration in a foster family.

The Court further permits contacts between the child and Mr. C, his half- brother's Y's father. [ 3 ] The Director alleges that the child is evolving positively in foster care and, considering the continued abandonment by his remaining parent, it is in his best interests to prolong the measures in view of consolidating his situation and proceeding to the elaboration of an alternate life plan.

[ 4 ] The father is of unknown address and living abroad ([A Country]). He has no involvement with his son's life since his infancy. The Court dispenses service to the father and proceeds in his absence. [ 5 ] Through his attorney, the child consigns his admissions to the Court file and agrees to the measures. [ 6 ] ANALYSIS AND DECISION [ 7 ] After their mother's death in September 2012, X and his younger brother Y, reside with their maternal grandparents. From May to June 2013, they progressively integrate the foster family, where they remain to this day. [ 8 ] The children function positively in this milieu.

They report feeling secure with their foster family and to seeing themselves living there until their adulthood. The foster parents are ready to commit to the brothers on a permanent basis. [ 9 ] X is still adjusting to the many changes occurring in his situation since his mother's passing. He presents certain difficulties as to his social skills and has a tendency to be overly protective of his younger brother. [ 10 ] Recently, X confides to being controlled by a ''king of three'', dictating his repetition of routine behaviours and inciting him to aggression.

He recently commences a psychological follow-up in regards to a possible diagnosis of severe obsessive-compulsive disorder and depression. [ 11 ] Although the last judgment permits contacts between X and Y's father, Mr. C, X refuses any form of contact. He underlines negative memories of Mr. C and harbors feelings of anger towards him. [ 12 ] Mr. C shows genuine concern for both children, but is unable to maintain a stable and coherent relationship with them, which was also the situation existing before the mother's passing.

This serves to further anchor X's impressions and fuel his rejection of this relationship. Mr. C doesn't press the issue of contacts with X, stating that he wishes to remain a part of his life and is available for him should he wish contacts in the future. [ 13 ] X requires a stable and supporting environment to appease the anxieties stemming from the instability he suffers in the last years.

Having succeeded in finding a resource able to receive both brothers and to respond to their respective needs constitutes an encouraging and necessary step towards resolving the situation creating their endangerment. [ 14 ] The next period of measures serve to consolidate X in his foster family and proceed to the elaboration of an alternative life plan. [ 15 ] The evidence convinces the Court that the security and the development of the child continue to be in danger and that it is appropriate that he continue to benefit from the application of protective measures.

The Court estimates that the recommendations respect the rights and the best interests, of the child. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the child are still in danger; [ 19 ] ORDERS that the child be entrusted to a foster family; [ 20 ] RECOMMENDS that the child be maintained in the same foster family as his brother Y; [ 21 ] ORDERS that the contacts between the child and Mr.

C be upon agreement of the parties as to frequency, modalities and degree of supervision, should these be requested by the child; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] ORDERS that the child receive specific health care and health services, namely follow-up with a psychologist; [ 24 ] WITHDRAWS the exercise of certain rights of the parental authority from the father and AUTHORIZE Mr. D and Mrs.

E to sign the authorizations required for medical, school, recreational, extra-curricular or travel purpose, including the application for a passport; [ 25 ] TAKES ACT that the Director of Youth Protection will elaborate an alternative life plan for the child; [ 26 ] ALL THESE MEASURES for one year; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Marie La Roche

Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: November 22 and December 18, 2013