2021 QCCQ 15245, 2021 QCCQ 15245

Protection de la jeunesse — 218791 2021 QCCQ 15245 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002645-213 DATE: August 10, 2021 (written judgment rendered on October 27, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2010 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C. working in Town A, district A (Quebec) Applicant and A, deceased Mother ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2010, are endangered under paragraph (a) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to Ms. B and Mr. C until August 30, 2022. Position of the parties [ 3 ] The mother is deceased. [ 4 ] The child is absent, but represented by Me Cassandra Neptune. She recognizes that her security and development are endangered under

section 38

a) and she agrees with the measures. [ 5 ] The child has a sister, Y aged 9 years old. The Court is also seized with her situation. Facts [ 6 ] The mother died on […], 2021. Since that time, the two girls live from one family member to another one and some of them are not able to provide a safe place for the children. [ 7 ] The biological father is undeclared. [ 8 ] Ms. B, a maternal aunt, raised her hand to become a tutor for the children, but she lives in Town B and everybody agrees that the children could finish their school year in Town A.

Doing so, the children were entrusted under the care of another maternal aunt Ms. D. [ 9 ] By the end of the school year, Ms. B and her spouse moved to Town B with their daughter. Ms. B went in Town A and pick-up the 2 girls. [ 10 ] Ms. B is a retired and her husband, Mr. C is the president of A. They have no criminal record. They collaborate very well with the DYP services. [ 11 ] The couple still wants to become the tutor for the children. Waiting for this process to be completed, it is in the best interest of the children to be entrusted to their maternal aunt and that the DYP continue to be a tutor for them.

FOR THOSE REASONS, THE COURT: [ 12 ] GRANTS the application;

[ 13 ] DECLARES that the security and development of the child X, born on [...], 2010, are endangered under paragraph (

a) of

section 38 of the Youth Protection Act ; [ 14 ] ENTRUSTS the child to Ms. B and Mr.

C; [ 15 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the Director of Youth Protection, namely regarding health, school, extracurricular activities, travelling and passport; [ 16 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the child and the foster family; [ 17 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 18 ] THE WHOLE until August 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Date of hearing: August 10, 2021