2012 QCCQ 9094, 2012 QCCQ 9094

Protection de la jeunesse — 12807 2012 QCCQ 9094 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-023024-102 DATE: March 15, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Youth and Family Centres Applicant - and - X Born on […] - and - A Respondent ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ 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 Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of March 15, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision by the Director of Youth Protection of an order rendered March 24, 2011, entrusting the child to foster care with aid, counsel and assistance for a period of one year. [ 3 ] The principal facts alleged in support of the motion are the following: • The child remained in the foster home of his maternal grandmother until December 2011; • The child was reported to be doing well under the care of his maternal grandmother and continued to receive the necessary medical follow-up through doctors in his community; • Up until September 2011, the traditional adoption of the child could not be formalized due to the absence of the adoption commissioner; • At the end of October 2011, police intervention was needed at the maternal grandmother’s home for issues of conjugal violence; • At the same time, the maternal grandmother was reported to no longer be working for the Social Services A; • There was a reassessment of the home of the maternal grandmother; • The reassessment revealed that the maternal grandfather, who lives in the home, is a convicted sexual child abuser and that there is ongoing conjugal and domestic violence in the home; • As a result, and the fact that no other resource could be identified to receive the child in his community, the child was brought back to [City A] on December 9, 2011, and was placed in the foster family of Mr. and Ms.

B, where he was living before being entrusted to the foster home of his maternal grandmother; • The mother met the child at the airport. The child was observed to be uncomfortable in her presence;

• Before December 9, 2011, there had been no contacts between the child and the mother; • The mother has not collaborated wit the Director of Youth Protection. [ 4 ] The Director of Youth Protection recommends that the child be entrusted to foster care for a period of twelve months and that a social follow-up be provided to the family for the same period. [ 5 ] The mother is not present at the hearing and her whereabouts are unknown. The mother had one contact with her son in February in the presence of the maternal grandmother.

Under the circumstances, the Court proceeded in the absence of the mother. [ 6 ] Counsel for the child considers that the recommended measures are in X’s best interest. [ 7 ] The Court also read the report the Director filed as proof of the child’s situation. The evidence reveals that the maternal grandmother is no longer in a position to care for the child. The child has been entrusted to the foster care of Mr. and Ms. B where he was living before being entrusted to his maternal grandmother.

The Director of Youth Protection will be looking for a mixed bank home for the child once his medical condition has been assessed. [ 8 ] Under the circumstances, it is in the child’s best interest to be entrusted to foster care for a period of one year.

The Director of Youth Protection must ensure that the child receives all health care services required by his situation. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the child, X; [ 13 ] ORDERS that the child be entrusted to foster care for a period of one year; [ 14 ] ORDERS that the frequency and modality of contacts between the child and his mother and his extended family be determined by the Director of Youth Protection; [ 15 ] ORDERS that the child receive all health care services required by his situation; [ 16 ] ORDERS that the Director of Youth Protection be authorized to sign all documentation pertaining to the child, including for medical needs; [ 17 ] ORDERS that DYP be authorized to obtain and share information with mother’s service providers; [ 18 ] ORDERS that aid, counsel and assistance be provided to the child and his family for period of one year; [ 19 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 20 ] ORDERS the execution of the present order by any peace officer.

Signed February 15, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Patricia O’Connor Counsel for the Director of Youth Protection Me Robert Hamel Counsel for the child Date of hearing: March 15, 2012