2017 QCCQ 17180, 2017 QCCQ 17180
Opinion
Protection de la jeunesse — 177664 2017 QCCQ 17180 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002020-169 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2016 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicants and A, unknown address City A , district A Mother ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 Director of Youth Protection A (D.Y.P.) asks the Court to review the decision rendered on January 27, 2017, by Honourable Louis Grégoire, concerning the situation of X, 17 months old. [ 2 ] The applicant, Mrs. [Social Worker 1], asks the Court to extend the child’s placement in a foster home until February 2018. [ 3 ] At the hearing, the mother is absent but represented by Me Angèle Tommasel. The status of interested party given previously to Mr.
C is cancelled because he is not involved with the child and he learned, since the last court hearing, he is not the father declared of the child, contrarily to the mother’s declaration done to the social worker. [ 4 ] Me Tommasel admits few allegations and declares she does not know the mother’s opinions concerning the recommendations. [ 5 ] The evidence is completed with the revision report and the testimony or the social worker. [ 6 ] The child is placed in foster home since July 23, 2016. Since the last court measures, the mother did not collaborate with the D.Y.P. nor get any contact with her daughter.
The mother left for City A on May 18 and did not came back since. Nobody knows where she is City A. The social worker contacted several homeless and woman shelters City A without success. [ 7 ] Before her leaving for City A, the mother was still struggling for her alcohol issues and did not seek for any help. [ 8 ] The child is doing well in her foster family. She shows appropriate attachment to the foster parents.
She has regular contacts with her oldest sister Y, placed in a foster family in the same community. [ 9 ] Considering that the mother did not see her daughter since the last judgment; [ 10 ] Considering that the mother does not offer any collaboration with the D.Y.P. and the social services; [ 11 ] Considering that it is impossible to reach the mother if an urgent authorisation is required for the child; [ 12 ] The Court withdraws the parental authority from the mother and entrusted the D.Y.P. of such authority and recommends the D.Y.P. to determine a life plan for the child.
FOR THOSE REASONS, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child X, born on [...], 2016 are still in danger; [ 15 ] ORDERS the placement of the child in a foster family chosen by the institution operating a child and youth protection centre,
until February 23, 2018; [ 16 ] ORDERS the D.Y.P. to supervise the contacts between the child and her mother as for the modalities, the frequency and the degree of supervision; [ 17 ] WITHDRAWS from the mother some parental authority attribution and AUTHORIZES the D.Y.P. to sign all the consents regarding the child, namely regarding medical, daycare, travelling, passport; [ 18 ] RECOMMENDS the mother to seek help through the social services concerning her alcohol and personal issues; [ 19 ] ORDERS the mother to collaborate actively with the social worker; [ 20 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and her mother until February 23, 2018; [ 21 ] ENTRUSTS the situation of the child to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.
Me Cassandra Neptune Attorney for the child Me Aubrée Coutanson Attorney for the applicants Me Angèle Tommasel Attorney for the mother Date of hearing: August 16, 2017
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