2013 QCCQ 17462, 2013 QCCQ 17462

Protection de la jeunesse — 135927 2013 QCCQ 17462 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001475-125 DATE: September 20, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection A working in Town A Applicant -and- X, residing and domiciled in Town A, Quebec, district A Child -and- A, deceased Mother -and- B, residing and domiciled in Town B, [Province A] Father ______________________________________________________________________ JUDGMENT (Sec. 95 (par. 1) and 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The Director of Youth Protection makes an application for the review and extension of an order rendered by the Court on December 18, 2012, concerning X, born on […], 2008.

More specifically, the applicant is seeking a placement for the child until her majority. [ 2 ] The child's mother is deceased and the father doesn't accept his paternity despite the fact that his name appears on the child's birth certificate. He was duly served and decided not to be present in court. The child is represented by her lawyer, who considers the Director's recommendations to be in her client's best interest. THE FACTS [ 3 ] Since the last Court order, the child's mother passed away. As previously stated, the father refuses to assume his parental responsibilities towards the child.

The child is now in a situation of abandonment, following

section 38

a) of the Youth Protection Act . [ 4 ] Fortunately, X has been under the nurturing care of Mrs C for nearly two years now. What started out as a temporary placement became a life project, as the child could not be entrusted to neither of her parents and that a solid bond has developed between the child and her foster mother. [ 5 ] When she first started fostering X, Mrs C was living and working in Town A. In June she moved back to Town C Quebec. The fact that the foster mother is no longer living in Town A does not weaken her commitment to care for the child until her majority.

The child clearly identifies to her foster family.

She has established solid bonds in that environment. [ 6 ] Considering the previous placements, the fact that the child cannot live with her father and that she needs a secure, permanent and loving environment, the Court is convinced it is in the child's best interest that she be placed in the foster home of C until her majority. [ 7 ] FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the petition; [ 9 ] MAINTAINS that the security and development of X, born on […], 2008, remain endangered; [ 10 ] ORDERS that the child be entrusted to a foster family until she reaches her majority;

[ 11 ] ORDERS the placement of the child with the foster family of C; [ 12 ] ORDERS that the child receive all health services required by her state; [ 13 ] ORDERS that the contacts between the child, her maternal grandparents and her father be supervised by the D.Y.P. as to terms and conditions provided they are in the child’s best interest; [ 14 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance for the child and the foster family; [ 15 ] WITHDRAWS from the father the exercise of certain parental responsibilities such as authorization for medical treatment, travel, school, social activities for the child and ENTRUSTS those responsibilities to the foster family Mrs C; [ 16 ] ORDERS the police to collaborate in the execution of the present judgment; [ 17 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing the measures. __________________________________ NANCY McKENNA, J.C.Q.

M e Gabriel Gaudreault Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Cassandra Neptune Legal Aid Lawyer for the child Date of hearing: August 20, 2013