2016 QCCQ 19610, 2016 QCCQ 19610

Protection de la jeunesse — 1610314 2016 QCCQ 19610 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-020957-080 Date: November 22, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2004 [Social Worker 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 22, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the undersigned, on August 11, 2016, whereby the now eleven year-old child, X , was entrusted to the foster family of Ms. C with aid, counsel and assistance, until she reaches the age of majority, on […], 2022. [ 3 ] The facts alleged in support of the Motion for revision dated September 14, 2016, are as follows: 3.1. the child has remained in the foster family of C until August 29, 2016; 3.2. in June 2016, C was diagnosed with cancer; 3.3. Ms.

C health has deteriorated and she is presently in a coma; 3.4. on August 29, 2016, the child moved into Ms. D home, who is the foster family’s neighbor; 3.5. on September 8, 2016, a family proximity assessment started; 3.6. Ms. D has stated that she was prepared to care for the child long term (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to a new foster family, recommending that it be the home of Ms.

D, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The parents, though duly served, failed to appear without any explanation and the Court proceeded in their absence. [ 6 ] Me Pelletier, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 7 ] The Director filed Exhibits D-3 and D-4 as evidence:

D-3: Court report, by [Social Worker 1], dated November 10, 2016; D-4: Letter, written by [Social Worker 2], dated November 16, 2016. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 9 ] The child’s foster parent, Ms. C, made arrangements to ensure X’s care given her ailing health. [ 10 ] The Director of Youth Protection’s assessment confirmed that Ms. D is capable of meeting the child’s needs and Ms. D has expressed her commitment to the child on a long-term basis. [ 11 ] As indicated in the Court report , it is certainly in the child’s interest to remain in familiar sunoundings as she is faced with her foster mother’s illness: On September 8 th 2016, Ms. [Social Worker 3] [the caseworker] met with Ms.

D and she expressed that she has known X for a very long time and she would like to make herself available to care for X until her age of majority. Ms. D felt that the change for X would be hard enough without having to be moved to a stranger’s home and/or having to change schools as well. [2] [ 12 ] The child appears to be doing very well in Ms. D’s care despite the circumstances: Considering the situation, X appeared happy with Ms.

D and proud of herself for recently having a better hygiene routine and being able to follow-through. […] On October 24 th , 2016, X received her first sticker from school for completing all required assignments and was very proud to show Ms.

D. [3] [ 13 ] Given the loss that the child has experienced, it will be important to continue to ensure that consistent visits with her siblings are encouraged, as well as to protect the child form any unpredictable behavior on the part of her parents’ as they seem to have completely withdrawn from the child’s life. [ 14 ] Consequently, given the evidence and the consent expressed on behalf of the child, the Court is satisfied that the motion is well- founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child be entrusted to foster care, recommending that it be the home of Ms. D; [ 18 ] TAKES JUDICIAL NOTICE that the child will not be moved during the course of the order; [ 19 ] ORDERS that the frequency and modality of contacts between the child and Mr. B and Ms.

E be determined by the Director of Youth Protection, taking into consideration the child’s best interest and wishes; [ 20 ] PROHIBITS all contact between the child and Mr.

F; [ 21 ] ORDERS that the mother inform the Director of Youth Protection of any steps taken to improve her situation; [ 22 ] ORDERS that the mother meet the Director of Youth Protection delegate, when required; [ 23 ] TAKES JUDICIAL NOTICE that the mother and the father have not had any contact with the child since June 2015; [ 24 ] SUSPENDS contacts between the child and her mother, until the mother demonstrates a genuine commitment to become involved in the child’s life; [ 25 ] If such contacts resume, ORDERS that the frequency and modality of the contacts between the child and her mother be determined by Director of Youth Protection, taking into consideration the child’s interests and wishes; [ 26 ] ORDERS that regular contacts between the child and her siblings continue to be encouraged as much as possible; [ 27 ] WITHDRAWS from the parents certain attributes of parental authority regarding all consents required for the child and GRANTS these attributes to the Director of Youth Protection; [ 28 ] RECOMMENDS that the child benefit from grief counseling, if necessary; [ 29 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family;

[ 30 ] ORDERS that a person working for A Centres provide aid, counsel and assistance to the child and her family; [ 31 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 33 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me François Pelletier Attorney for the child TD/vl