2017 QCCQ 10307, 2017 QCCQ 10307

Protection de la jeunesse — 174015 2017 QCCQ 10307 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31843-162 Date: June 5, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2002 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Applicant -and- A , the mother (deceased) The parent JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 5, 2017, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was also presented with a similar motion regarding the adolescent’s sibling whose situation is addressed in a separate judgment. [ 3 ] The Director of Youth Protection of A filed a Motion to declare that the security or the development of a child is in danger in the case of X , a fifteen year-old adolescent, following his mother’s death in August 2016. [ 4 ] The facts alleged in support of the motion dated November 9, 2016 are as follows: 3.1. the mother passed away suddenly, on August 10, 2016; 3.2. since that date, the child and his half sibling have been living with the maternal uncle and aunt, Mr.

B and Ms.

C; 3.3. the child suffers from cerebral palsy, is visually impaired, microcephalic, dysphagic, and suffers from regular seizures and spasms; 3.4. due to the child’s medical conditions, the child requires twenty-four (24) hours care and assistance; 3.5. the child was hospitalized for almost half of last year; 3.6. the maternal aunt quit her job and the maternal uncle went on a leave from work, in order to be able to properly care for the child; 3.7. the maternal aunt and uncle have not been able to seek legal assistance in order to obtain any written legal authority over the child; consequently, no one has any legal signing power for the child; 3.8. without any legal signing power, the maternal aunt and uncle cannot request any governmental assistance, be it financial or for an adapted vehicle (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to the foster home of his maternal uncle with aid, counsel and assistance, as well as additional corrective measures, for a period of one year.

[ 6 ] The adolescent’s mother is deceased and his father is not declared on his birth certificate. [ 7 ] Me Marceau, on behalf of the adolescent, approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Copy of Act of Death regarding the mother; D-2: Child’s birth certificate; D-3: Court Report, written by [Social Worker 2], dated January 4, 2017; D-4: Addendum I, written by [Social Worker 1], dated May 29, 2017. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] The adolescent’s maternal aunt and uncle are committed to caring for his needs despite the tremendous challenges involved as a result of his medical condition. [ 11 ] Their dedication and generosity are exemplary and the need for support from social services is not disputed. [ 12 ] Consequently, the Court is satisfied that the motion is well-founded and that the measures are in the adolescent's interest. THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and the development of the adolescent, X , are in danger under

section 38 (

a) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the adolescent remain entrusted to the foster home of Mr. B and Ms. C; [ 16 ] RECOMMENDS that the adolescent be provided with respite care, if necessary; [ 17 ] ORDERS that Mr.

B be granted the attributes of parental authority to sign any consent required for the adolescent’s educational, medical and therapeutic needs; [ 18 ] TAKES JUDICIAL NOTICE that the home is being adapted to meet the adolescent’s needs; [ 19 ] AUTHORIZES the Director of Youth Protection to exchange information with all service providers working with the adolescent; [ 20 ] ORDERS that a person working for A provide aid, counsel and assistance to the adolescent and his family; [ 21 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 22 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Heidi Lechter Attorney for the Director of Youth Protection Me Laurence Marceau Attorney for the adolescent TD/vl