2011 QCCQ 19582, 2011 QCCQ 19582

Protection de la jeunesse — 118782 2011 QCCQ 19582 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-006243-101 DATE : January 27, 2011 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2007 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A (deceased), B, Parent of the child and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, JUDGMENT

Section 38 of the Youth Protection Act [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act; [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: [ 3 ] The child is subject to a signalmen due to physical abuse. She is subject to a provisional measure in [Province A] entrusting her to her half-brother, Y. [ 4 ] On October 14 th , 2010, the child is subject of an immediate protective measure entrusting her to Mr. C, the uncle of her half- brother. [ 5 ] During the summer of 2010, a similar signalmen was made and closed.

During Thanksgiving weekend, the child was seen with bruises on her face. The half-brother explained that the child fell on two separate occasions. [ 6 ] On October 14 th , 2010, the child was seen by a doctor whereas several bruises were observed and could not be explained by falling alone. [ 7 ] Since the last court order, the child does not have any contact with her father. Since November 11 th , 2010, the child is entrusted to D. The child does not have her Medicare card, nor does she has any other documents required. [ 8 ] The father, well be informed of the hearing, is not present.

The Court proceeded in his absence pursuant to

Article 77 of the Act on the protection of youth. [ 9 ] The child, by attorney, ignores most of the allegations of the declaration and agrees to the conclusions. [ 10 ] By consentent of the parties, the following reports are filed, Rapport d'évaluation written by [Social Worker 1] dated November

8th 2010 on D2, Rapport d'orientation written by [Social Worker 1] dated January 17th 2011 on D3 and Évaluation médicale written by Docteur Marie-Josée Roy dated November 9 th 2010 on D4. [ 11 ] Even though X is only three years old, she has already been through a lot more than most children will ever have to face. She lost contact with her father before the age of one, saw her mother's violent death at the age of two, stayed with a foster family before being entrusted to her half-brother where she was victim of violence. [ 12 ] X needs a stable environment, which her uncle, Mr. D and his wife, Mrs.

E can provide. [ 13 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 14 ] GRANTS the present motion; [ 15 ] DECLARES that the security and the development of the child are in danger; [ 16 ] ENTRUSTS the child X to D; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 18 ] ORDERS that the child receives all the health services required by her situation; [ 19 ] ORDERS that the contacts between the child and E and G be upon agreement of all the parties and in the presence of a third party; [ 20 ] WITHDRAWS partially from the parents their parental authority regarding the signature of all authorizations as for medical, scholar, extra-curricular activities, passport and trips abroad Canada, and grant the Director of Youth Protection with the parental authority; [ 21 ] TAKES ACT that the Director of Youth Protection will elaborate a permanent life plan during the present measures; [ 22 ] ENTRUST the situation of the child to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 23 ] THE WHOLE without one (1) year; [ 24 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Marie-Pierre Blouin Attorney for the child Me Marie Laroche Attorney for the declarant