2017 QCCQ 19982, 2017 QCCQ 19982

Protection de la jeunesse — 1710353 2017 QCCQ 19982 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001776-142 DATE: August 25, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2010 CHILD ______________________________________________________________________ [SOCIAL WORKER A], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act, CQLR, 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 Y.P.A.). [ 1 ] The Director of Youth Protection submits a motion asking the Court to review and extend a judgment rendered by Judge Josée Bélanger, on July 7, 2016, ordering the placement of the child in a foster home for a period of one year. [ 2 ] At the present hearing, the mother is neither present nor represented by counsel. The evidence reveals that she was served with the petition. The mother is homeless. During the last Court order, she only saw her child twice, both times in April 2017.

She has neither requested information from the Social Worker nor from the foster family about the evolution of her child. She does not inform the Director of Youth Protection of her change of address and she mostly has a transient life. Given that evidence, the Court agrees to proceed without the presence of the mother and reduces the delay of service. [ 3 ] The child is represented by Mtre. Constantin Kiryakidis who agrees with the motion. The Court is informed that the current foster family is not able to continue to care for the child after the end of August.

So, a new foster family has to be found and a life plan established. [ 4 ] The evidence reveals that in April 2017, the mother came to Town A and resided at the maternal grandmother’s place. During her stay, she consumed alcohol and had aggressive behaviors. She was also seen with a black eye. [ 5 ] The Court has preponderant evidence that the lifestyle of the mother has not changed and that a placement of the child in a foster family is still warranted. FOR THE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] MAINTAINS that the security and development of X are endangered under

section 38 b) 1° iii) and under

section 38

a) of the Youth Protection Act ; [1] [ 8 ] ORDERS the placement of X, born on [...], 2010, in a foster family for a period of one year; [ 9 ] ORDERS that a new life plan be established for the benefit of the child; [ 10 ] ORDERS that a person working for the Director of Youth Protection provide aid, counsel and assistance to the child and his foster family;

[ 11 ] ORDERS that a person working for the Director of Youth Protection provide aid, counsel and assistance to the mother, if she expressly requests such services; [ 12 ] ORDERS that any access rights between the child and the mother be supervised by the Director of Youth Protection as for the modalities and the frequency and be established taking into account the best interest of the child; [ 13 ] WITHDRAWS certain attributes of parental authority such as medical care, school, social and sport authorizations, passport and INVESTS the Director of Youth Protection with the exercise of these attributes of parental authority; [ 14 ] ORDERS any police officer to collaborate with the execution of this Court order, if requested to do so by the Director of Youth Protection or one of his representatives; [ 15 ] ENTRUSTS the situation of X to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the child Date of hearing: July 28, 2017