2018 QCCQ 15966, 2018 QCCQ 15966

Protection de la jeunesse — 185641 2018 QCCQ 15966 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] […] Youth Division No: 650-41-002615-165 DATE: May 29, 2018 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person for the Director of Youth Protection, Applicant v.

X, Child ______________________________________________________________________ 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 Court is seized with an application for review and extension pursuant to sections 95 and 75 of the Youth Protection Act. [ 2 ] In support of her application, the Director of Youth Protection (DYP) produces a report written by [Social Worker 2], authorized member of her staff, on May 16, 2018, under D-3. [ 3 ] In the application, it is alleged that the security or development of the child is in danger due to abandonment, the child’s mother having passed away and the father failing to recognize his paternity. [ 4 ] At the hearing, the child, through her lawyer, admits the allegations of the application and agrees to the conclusion sought. [ 5 ] X is now 3 years old.

The child has always been entrusted to her great-aunt Mrs. A. [ 6 ] The child has a very positive and stable relationship with her great-aunt. All the child’s needs are being met and she is developing very well. The child is attending a day care center in the community where she gets along with other kids and where she has positive interactions with the adults in charge. [ 7 ] Mrs. A loves the child and considers her as a family member. The bond between the child and Mrs. A is very strong and she is already taking good care of her and catering to all her needs. Mrs.

A is very concerned with the wellbeing and stability of the child. She also offers very good collaboration with the DYP worker. [ 8 ] In April 2017, Mrs. B began the procedures to have his paternity recognized. According to a Court order from the Superior Court, the child had to be submitted to a DNA test. However, Mr. B did not follow-up on that procedure. For now, Mr. B is not keeping in touch or requesting to see the child. [ 9 ] The child has a right to a permanent life project to ensure continuity of care, stable relationships and stable living conditions that correspond to her needs.

The DYP worker’s orientation is one of adoption. In the next few months, legal applications should be taken for Mrs. A to adopt the child. [ 10 ] The evidence, especially Mrs. [Social Worker 2]’s report under D-3, leads to the conclusion that the security or development of the child is still considered to be in danger. [ 11 ] The child needs are being met and it is her best interest to be maintained with her great-aunt Mrs. A, who will also benefit from other assistance. WHEREFORE, THE COURT: [ 12 ] GRANTS the present application; [ 13 ] REVIEWS and EXTENDS the last order;

[ 14 ] DECLARES that the security and the development of the child remain in danger; [ 15 ] ENTRUSTS the child to Mrs.

A for a period of twelve (12) months; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for the same period; [ 17 ] ORDERS that the child receive all the care and health services that she needs; [ 18 ] WITHDRAWS certain parts of the parents’ parental authority and AUTHORIZES the Director of Youth Protection or the person appointed by her to consent to any health care and services, schooling and after school activities, cultural and sport activities during the present order; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ VICKY LAPIERRE, J.C.Q.

M e Lyne Monger For the applicant Turgeon, Monger, Cormiers avocats M e Chantal Gaudreau For the child Centre communautaire juridique A Date of hearing: May 29, 2018.