2011 QCCQ 17116, 2011 QCCQ 17116

Protection de la jeunesse — 115979 2011 QCCQ 17116 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” DATE: June 10, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE JOSÉE BÉLANGER, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : 640-41-001121-083 X 2008[…] ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., province of Quebec, district A Applicant -and- A, domiciled and residing in town A, province of Quebec, district A Mother -and- B , domiciled and residing in town B, province of Quebec, district A Father ______________________________________________________________________ JUDGMENT Sections 95 (par. 1) and 75 of the Youth Protection Act ______________________________________________________________________ [ 1 ] [The social worker 1], delegate of the Youth Protection A C.Y.P.C., asks the Court to revise the decision rendered on February 9 th 2011, by the Honourable Ellen Paré, J.C.Q. [ 2 ] The attorney for the Director of Youth Protection asks the Court to modify the conclusions of the motion. [ 3 ] Originally the Director of Youth Protection was asking the Court to place the child X, in her current foster home for a period of four (4) months in order to complete a life plan for that child. [ 4 ] But the situation is no more the same.

Recently X’s foster family encountered some problems and because of this situation, the family is no more available as a foster family. [ 5 ] Because of this situation, the Director of Youth Protection is now asking the Court to place X in a foster family for a period of six (6) months in order to find another family and to complete a life plan. [ 6 ] In the meantime the current foster home accepts to keep the child with them. [ 7 ] The Director of Youth Protection says that the life plan is still in process.

[ 8 ] The mother agrees with the Director of Youth Protection’s motion and still asks the Court to be a part of her child’s life plan. [ 9 ] The father agrees with the motion. [ 10 ] Both parents are present. [ 11 ] The father lives in town B. He has seen his child only a couple of times.

He has low cognitive functioning. [ 12 ] He calls Mrs A occasionally to see how the child is doing. [ 13 ] The mother has intellectual limitations and because of the very important child’s needs, it’s not possible for her to take care of X. [ 14 ] The child has a very fragile health condition. [ 15 ] The mother is very attached to her daughter and wants to be involved in her life. [ 16 ] According to all the evidence including the revision report filed on D-2, the Court considers that the present motion is in the child’s best interest. [ 17 ] FOR THESE REASONS, THE COURT: [ 18 ] GRANTS this motion; [ 19 ] DECLARES that the security or development of the child, X, born on […], 2008, continues to be in danger; [ 20 ] ORDERS the placement of the child, X, in a foster family, for a period of six (6) months, in order to elaborate a life plan, involving the mother; [ 21 ] ORDERS that the contacts with the child, X, and her parents be supervised by the Director of Youth Protection in terms of modality, frequency and length; [ 22 ] ORDERS that aid, counsel and assistance be provided to the parents and the child, X, for a period of six (6) months ; [ 23 ] ORDERS that the police collaborate in the execution of this order; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A Health Center, who will see that the measures are carried out. __________________________________ JOSÉE BÉLANGER, J.C.Q.

M e Stéphanie Lachance Attorney for the D.Y.P. M e Yan Massé Attorney for the child M e Sarah Plamondon Attorney for the mother M e Jacques Stuart Attorney for the father Date of hearing: May 31, 2011