2016 QCCQ 10987, 2016 QCCQ 10987

Protection de la jeunesse — 164788 2016 QCCQ 10987 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No.: 640-41-001794-145 DATE: August 11, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2013 MRS [SOCIAL WORKER A], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MRS B, residing and domiciled in Town A, Quebec, District A Father and MRS C, residing and domiciled in Town A, Quebec, District A and MR D, presently detained Interested parties ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) YPA, RSQ 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 YPA). [ 1 ] The Court is seized with a motion asking for the revision of the judgment rendered on November 12, 2015 by Honourable Jean Gravel, J.C.Q.

The petitioner, Mrs [social worker 1], delegate duly authorized by the Director of Youth Protection of the Inuulitsivik C.Y.P.C., asks now for the placement of X until his majority. [ 2 ] At the hearing, the adoptive parents are present. The adoptive mother, interested party, is assisted by Me Angela Tommasel, the petitioner by Me Aubrée Coutanson, and the child is represented by Me Cassandra Neptune. The biological parents are absent, even if served.

After having heard the petitioner and been informed that the biological parents are not involved in the child's life, even if the adoptive parents never legalise the adoption and they always assume the child, the Court agrees to proceed in their absence. [ 3 ] The adoptive mother admits few allegations but disagrees with the measures. She wants the child back with her and so does the adoptive father. [ 4 ] The evidence is completed with the testimonies of the social worker, the adoptive mother, the adoptive father and the foster mother.

A revision report is filed. [ 5 ] The biological father and mother are not involved in the life of the child. Over the last months, they only have a short contact with him at the airport. The adoptive parents are the ones carrying for him but they have alcohol and conjugal issues. Mr A is serving time since the last Court hearing and he expects to be released in March 2017. [ 6 ] The adoptive mother consumes alcohol abusively when she is in the community. When she is in land, fishing or hunting, she drinks less. On a child's visit, last December, the adoptive mother got very drunk in presence of the child.

The biological mother intervened but clearly said that she did not want to take care of X. The adoptive mother spent the night in cell to sober up. She behaved the same way when another child visited her. [ 7 ] Even if she meets regularly the social worker, she does not acknowledge yet her drinking problem nor the violence in her relationship. [ 8 ] Over the last year, X remained in the foster family of Mrs E in Town B. The foster mother takes well care of him and is very attached to the child. The child is happy and he attends a daycare a few days per week. His development is normal. Because of his young

age and the fact that he is placed since a long time, the child does not miss his parents. The foster mother offers a stable and safe home to the child and agrees to assume him on a long-term basis. [ 9 ] Considering the parents' situation, they are not in a position to assume the child in a reasonable delay. The duration of the placement as stipulated by the legislation at

section 91 YPA is reached. Consequently, we must ensure a life project to the child knowing that all his needs are answered and a attachment link is developed. [ 10 ] For the child's cultural development and to maintain bound with the caregivers, the Director of Youth Protection will organise at least three visits per year.

FOR THESE MOTIVES, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X are still in danger; [ 13 ] ORDERS the placement of X in a foster family, namely Mrs E, until his majority; [ 14 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the child to the caregivers (frequency, duration and the degree of supervision); [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and the caregivers; [ 16 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the adoptive mother Me Cassandra Neptune Attorney for the child Date of hearing: July 11, 2016