2017 QCCQ 20114, 2017 QCCQ 20114

Protection de la jeunesse — 1710324 2017 QCCQ 20114 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000069-163 DATE: September 26, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2015 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 ] The Director of Youth Protection submits a motion asking the Court to review a previous court order dated March 22, 2017 ordering the placement of the child in the foster home of B and F, and this until the child reaches the age of majority. [ 2 ] For the present hearing, Mtre. Michel Grenier represents the mother, who is not present. Mtre. Constantin Kiryakidis acts on behalf of the child and Mtre.

Adelia Ferreira acts on behalf of the applicant. [ 3 ] On May 17, 2017, the Director of Youth Protection received a report regarding the foster family and X had to be removed under immediate protective measures. [ 4 ] The present motion is not challenged. [ 5 ] Given the admissions made by the parties and the content of the report filed, it appears necessary to change the life plan of the child and, to this day, there is still no foreseeable return of the child with her mother, who continues to live a transient lifestyle. [ 6 ] The Director of Youth Protection requests a placement for a period of nine months to establish this new life plan. [ 7 ] These measures are in the best interest of X. [ 8 ] FOR THESE MOTIVES, THE COURT : [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X are still endangered; [ 11 ] ORDERS the placement of X in a foster family for a period of nine months; [ 12 ] ORDERS the Director of Youth Protection to prepare a new life plan for the child; [ 13 ] ORDERS that any access rights between X and her mother be determined by the Director of Youth Protection as for the frequency and the modalities, taking into account the best interest of the child; [ 14 ] STRONGLY RECOMMENDS that the mother take the necessary steps to address her personal issues (substance abuse); [ 15 ] ORDERS the mother to be and remain sober when in presence of X;

[ 16 ] ORDERS the mother not to put the child in the presence of people under the influence of intoxicating substances; [ 17 ] ORDERS that certain attributes of parental authority be withdrawn from the mother and INVESTS the Director of Youth Protection with these attributes for the purpose of signing any consents for medical, recreational and educational purposes including a passport for travelling purposes; [ 18 ] AUTHORIZES any service providers working with the child or her family to share information with the Director of Youth Protection regarding their clients; [ 19 ] ORDERS that aid, counselling and assistance be provided to the child and her family for a period of nine months; [ 20 ] ORDERS any police force to collaborate with the execution of the court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira DYP, A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Mtre. Michel Grenier Lawyer for the mother Date of hearing: July 26, 2017