2012 QCCQ 11230, 2012 QCCQ 11230
Opinion
Protection de la jeunesse — 121917 2012 QCCQ 11230 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004074-111 DATE: January 4, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : [...] DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents of the child JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection petitions the Court to declare compromised the security and the development of X, born on [...].
[ 2 ] The Petitioner alleges that the situation of the child is compromised for the reasons detailed in paragraph 3 of the motion. [ 3 ] As well as other measures of aid and assistance, the Petitioner recommends that the adolescent be maintained in her foster family setting until her majority. [ 4 ] The Petitioner produces the report on the analysis of the adolescent's social situation as evidence (pièce D-2) in lieu of the testimony of its author. [ 5 ] The Court dispenses service of the motion to the parents in virtue of
article 76.1 Y.P.A, as they are of unknown address and have effectively abandoned their daughter since 2003. [ 6 ] The adolescent's admits the allegation of paragraph 3 of the motion and indicates her assent as to the measures proposed by the Director. [ 7 ] The adolescent has been entrusted to her maternal aunt and uncle since January 2001, by reason of her parents exposing her to domestic and substance abuse. The adolescent has been the subject of previous court decisions in the file 760-41-007664-021. [ 8 ] The adolescent is thriving with her maternal aunt and uncle, whom are recognized as a foster family.
X has a very strong bond with her foster parents and they provide a stable and secure environment for her. [ 9 ] The parents have not communicated with social services since 2003 and resist services. The father has had no contact with his daughter since that time.
As to the mother, she sporadically sees the adolescent at family functions. [ 10 ] The adolescent is on the cusp of adulthood and it is in her best interest that her status quo be maintained in order to guarantee her continued growth and response to her needs, both physical and emotional. [ 11 ] The Court determines that the security and the development of the adolescent are compromised by reason of abandonment by her parents.
The Court further determines that the measures proposed are appropriate and in the best interests of the adolescent. [ 12 ] For those reasons, the Court: [ 13 ] GRANTS the present motion; [ 14 ] DECLARES that the security and development of the adolescent X are in danger; [ 15 ] ORDERS that the adolescent remain in her foster family until her majority on […]; [ 16 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the adolescent X and her parents until […]; [ 17 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Le Centre jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q.
Me Marie-Ève Garceau Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: January 4, 2012
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