2012 QCCQ 15590, 2012 QCCQ 15590
Opinion
Protection de la jeunesse — 123263 2012 QCCQ 15590 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-001249-090 DATE: June 1, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2001 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., Quebec, district A Petitioner and MRS A, residing and domiciled in Town A, Quebec, district A Mother and MR B, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ RECTIFIED JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.
P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs Suzanne Gaudreau, delegate of the Director of Youth Protection of the Inuulitsivik C.Y.P.C., submits to the Court a motion for revision of the last decision rendered on October 11, 2011 by Honourable Lise Gagnon concerning the child X, born on […], 2001. She now asks for his placement in a foster family until he reaches his majority. [ 2 ] At the hearing, both parents are present.
The mother is represented by Me Sarah Plamondon, the child by Me Angela Tommasel and the applicant by Me Robert-André Adam. [ 3 ] The mother admits all the allegations of the petition. She acknowledges that the family environment is not adequate for her son. As the parents' house burned, they live with extended family members. Some of those members drink abusively and consume drugs regularly. The house is overcrowded.
Even if it is emotionally hard for her to accept, she is convinced that it is better for her son to remain and evolve in his foster family. [ 4 ] The father disagrees with the recommendations and asks for his son's reintegration. [ 5 ] Unfortunately, the father admits that he did not collaborate with the Social Worker and did not provide her any information on his way of life. He did not visit his son and did not have contact with him. [ 6 ] In his foster family, the child feels secure. He is doing well. He refused to go in Town A at Christmas.
The foster mother accepts to assume him on a long-term basis and will always encourage contacts with his brother and parents.
She sees a major improvement in the child's behaviour since his arrival at her place. [ 7 ] Considering that the mother acknowledges that she cannot assume her child, that it is in his best interest to remain in his foster home, that the father did not proved that he has the capacities and facilities to assume him and that the foster parents are accepting to invest on the long-term project for X, the Court grants the request. [ 8 ] FOR THESE MOTIVES, THE COURT : [ 9 ] GRANTS the petition; [ 10 ] DECLARES that the security and development of X are still in danger; [ 11 ] ORDERS the placement of X in the foster family of C until his majority; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his parents for the duration of
the Court order; [ 13 ] ORDERS the Director of Youth Protection to supervise the visits and access of the child with his parents and his brother; [ 14 ] WITHDRAWS certain attributes of the parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign documents for the child's health, travel, school needs and social activities; [ 15 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 16 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Robert-André Adam, attorney for the petitioner Me Sarah Plamondon, attorney for the mother Me Angela Tommasel, attorney for the child Date of hearing: April 2, 2012
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