2019 QCCQ 18716, 2019 QCCQ 18716
Opinion
Protection de la jeunesse — 198315 2019 QCCQ 18716 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 640-41-001705-141 DATE : October 9, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protction worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2008 Child and A, residing and domiciled in [...] Mother _____________________________________________________________________ JUDGMENT (
Section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 A (the Director) asks the Court to review and extend the decision rendered on September 6, 2019, by the Honorable Marc Ouimette, J.C.Q., in the situation of X, 11 years old. [ 2 ] The Director recommends that the child be placed in the foster home of Mrs. B until her majority. [ 3 ] At the hearing, the mother and the child are present, assisted by Mtre Michel Grenier and Mtre Marie-Josée Ayoub.
Mtre Adelia Ferreira represents the applicant. [ 4 ] The mother and the child admit all of the allegations and consent to the measures recommended by the Director in the revision report filed. [ 5 ] Adding to the admissions, the evidence shows the following facts. [ 6 ] The child has remained in the same foster family since September 2018, the one of Mrs. B, and she is doing well.
She had some behavioral difficulties last year, but the situation was resolved at the end of the school year 2018-2019. [ 7 ] Now, the child attends school regularly and no issues were reported. [ 8 ] The mother did not resolve her issues yet. She is not in a position to have her child back with her. She maintained regular contacts with the child outside the knowledge and supervision of the Director. [ 9 ] The mother is now sober and she works. She asks for regular contacts with her daughter and would like to attend workshops together.
She is well aware that she must collaborate with the Director and must request his permission to exercise her visits’ rights. [ 10 ] The foster mother testifies of her attachment to the child, of her interest and the one of her husband to assume X until her majority. They provide her all the stability, security and care that X needs. [ 11 ] Considering the evidence and the parties’ agreement with the long-term placement in the foster family of Mrs.
B, member of the maternal extended family; THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X, born on [...], 2008, are still in danger;
[ 14 ] ORDERS her placement in the foster family of Mrs. B until her majority; [ 15 ] ORDERS the Director to supervise the visits of the child with her mother as for the frequency and all the modalities; [ 16 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and delegated to the foster mother, Mrs.
B, to sign for medical, educational, social and recreational activities including consent for the child’s travel, and applying for a passport and driver’s license; [ 17 ] ORDERS the Director to provide aid, counsel and assistance to the mother and the child until [...], 2026; [ 18 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out. Signed in City A, on November 6, 2019 _________________________________ DENYSE LEDUC, J.C.Q.
Mtre Adelia Feirrera Counsel for the applicant Mtre Marie-Josée Ayoub Counsel for the child Mtre Michel Grenier Counsel for the mother Date of hearing: October 9, 2019
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