2011 QCCQ 17117, 2011 QCCQ 17117

Protection de la jeunesse -- 116938 2011 QCCQ 17117 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” DATE: June 28, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE JOSÉE BÉLANGER, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : 640-41-001312-104 X 2009[…] ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A of Health and Social Services of town A, province of Quebec, district A Applicant -and- A, domiciled and residing in town B, province of Quebec, district A Mother -and- B , domiciled and residing in town B, province of Quebec, district A Father ______________________________________________________________________ JUDGMENT Sections 95 and 75 of the Youth Protection Act ______________________________________________________________________ [ 1 ] [The social worker 1], youth protection worker for the Director of Youth Protection asks the Court to revise the decision rendered on November 30 th , 2010 by the Honourable Ellen Paré, J.C.Q. [ 2 ] On November 30 th , 2011, X was placed in a specific foster home, to wit his grandmother’s home. [ 3 ] The Director of Youth Protection asks the Court to entrust the child X to his grandmother, C, until the age of his majority. [ 4 ] The mother agrees with the Director of Youth Protection recommendations.

However she said that she would have preferred that her child been placed at her parent’s place. She said that they love the child very much. [ 5 ] The father agrees with the Director of Youth Protection recommendations. [ 6 ] The paternal grandmother is the primary caregiver of this child since his birth. [ 7 ] After her recent separation with her spouse, the grandmother moved into the house of her son, X’s father.

[ 8 ] Even if the child’s father, B, lives with his mother, she still is the main caregiver of the child. He helps her to take care of X. [ 9 ] The mother continues to reject the child. She testifies before the Court and says clearly that she doesn’t want to be involved with X in any way. [ 10 ] The paternal grandmother also testifies. She says she takes care of this child since his birth. She has a very good relationship with the child. She’s very happy to have X with her until he reaches his majority.

She’s aware about the legal responsibilities that are part of a long-term placement and she accepts them. [ 11 ] According to the evidence, X is also very bonded to his grandmother. [ 12 ] The Court is convinced that the Director of Youth Protection’s motion is in the child’s best interest. [ 13 ] FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security or the development of the child is still in danger; [ 16 ] ENTRUSTS the child, X, to his grandmother, C, until the age of his majority; [ 17 ] ORDERS that the father continue to have regular contacts with X; [ 18 ] ORDERS that the father continues to seek professional help for his anger management problems; [ 19 ] ORDERS that the contacts between X and his mother be supervised by the Director of Youth Protection in terms of modality, frequency and length; [ 20 ] ORDERS that aid, counsel and assistance be provided to X until his majority; [ 21 ] ORDERS that aid, counsel and assistance be provided to X’s parents upon request: [ 22 ] ORDERS that the police collaborate in the execution of this measure; [ 23 ] ENTRUSTS the child's situation to the Director of Youth Protection of A C.Y.P.C., for the purpose of executing this enactment. __________________________________ JOSÉE BÉLANGER, J.C.Q.

M e Stéphanie Lachance Attorney for the D.Y.P. M e Yan Massé Attorney for the child M e Sarah Plamondon Attorney for the father M e Jacques Stuart Attorney for the mother Date of hearing: May 31, 2011