2013 QCCQ 8613, 2013 QCCQ 8613

Protection de la jeunesse — 131895 2013 QCCQ 8613 JA0940 QUEBEC COURT Youth Division Canada PROVINCE DE QUÉBEC DISTRICT [...] N° : 525-41-024227-118 DATE : April 18 th , 2013 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X Born[…], 2011 THE DIRECTOR OF YOUTH PROTECTION Applicant and A, mother B, father Respondents ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ Warning : Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. , sections 11.2.1 and 135] [ 1 ] The Director of Youth Protection (the Director) seizes Court, on February 19 th , 2013, of a motion for extension of a decision rendered by the undersigned on March 16 th , 2012. The Director is asking that the child continue to be entrusted to her paternal aunt, C , for a period of nine months and that aid, counsel and assistance be provided during that period of time.

It is the intention of the Director to pursue the steps in order to have the child adopted by the paternal aunt. [ 2 ] The father is not present at the hearing but his lawyer, on his behalf, informs the Court that the father is in agreement with the recommendations of the Director save and except the recommendation requesting that his contacts with his daughter be suspended.

The father wishes to maintain the possibility to have contacts with his daughter in the presence of the paternal aunt of the child. [ 3 ] As for the mother, she is also absent at the hearing but has informed the worker that she is not opposed to her daughter being entrusted to Mrs. B. [ 4 ] The evidence reveals the following. [ 5 ] Although the father has seen his daughter, from time to time, when visiting with his sister, he has not taken any steps in order to correct his situation and regain custody of the child. On the contrary, Mr. B has expressed his desire to have his sister, C , adopt the child.

[ 6 ] As to the mother, she has had no contact with her daughter nor has she requested to have any visit. [ 7 ] Under the circumstances, the Court questions why the Director has not taken steps to achieve the permanent plan that has been made for the child. Consequently, the Tribunal invites Mrs.

C and the Director to ensure, if it is still their intention, that concrete steps be taken in order to provide the child with a plan ensuring continuity of care, stable relationships and living conditions corresponding to the child's needs and age on a permanent basis. [ 8 ] AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 9 ] DECLARES that the security and the development of X are still compromised; [ 10 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 11 ] ENTRUSTS the child to her maternal aunt, Mrs.

C for a period of nine (9) months; [ 12 ] ORDERS both parents to collaborate with the Director of Youth Protection; [ 13 ] ORDERS that contacts between the child and his father take place by agreement between the father and the maternal aunt, in the presence of the latter, and that the Director of Youth Protection determine the modality of said contacts; [ 14 ] ORDERS that the modality, frequency and duration of contacts between the child and her mother be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 15 ] RECOMMENDS to the father to submit to random drug testing if required by the Director of Youth Protection; [ 16 ] RECOMMENDS to the father to participate in a program concerning conjugal violence; [ 17 ] TAKES NOTE that the father has integrated a drug rehabilitation program and RECOMMENDS to the father to pursue the steps he has taken; [ 18 ] ORDERS that aid, counsel and assistance be provides to the child and her family for a period of nine (9) months; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Batshaw Youth and family Centres, who shall then see that the measures are carried out.

Signed in City A on April 25 th , 2013 __________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Isabelle Loranger Attorney for the Director of Youth Protection Me Bernard Sepinwall Attorney for the child Me Paul Ménard Attorney for the mother Me Alain Beausoleil Attorney for the father Date of hearing : April 18 th , 2013