2012 QCCQ 9646, 2012 QCCQ 9646

2012 QCCQ 9646 Protection de la jeunesse — 121385 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] CITY OF [...] « Youth Division »

N o : 640-41-001225-090 DATE: February 28 th , 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on [...], 2000 [SOCIAL WORKER], person duly authorized by the Director of Youth Protection A, working in Town A (Quebec), district A; Petitioner -and- A , residing and domiciled in Town A (Quebec), district A; Mother -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE . ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits to the Court a motion for revision of a Court decision rendered September 27 th , 2011 by Justice Nancy McKenna in which the Court entrusted X to a foster home for a period of six (6) months during which a life plan was to be put in place. [ 2 ] Today, the D.Y.P. recommends to the Court that X be entrusted to his foster family until his majority and that the contacts with his mother be maintained. [ 3 ] The mother is in agreement with the recommendations and so is the child. [ 4 ] X is placed in foster care since August 2009.

He lives in the same foster home since September 21 st , 2011. He is adapting well there. [ 5 ] The foster family testified in Court in a very touching way. Mrs. B loves X. It is obvious from the way she speaks about him. She says her family appreciates X's spirit and his willingness to learn. Her husband testifies in the same way. They both commit themselves to keep him until his majority. [ 6 ] Mrs. B and her husband have been living in the North for four and a half years. If ever they go back to Toronto, they will maintain contacts with the Inuit culture.

They also have a good relationship with the mother and agree to maintain contacts between her and X. They know the child is attached to his mother.

[ 7 ] Mrs. C, X's teacher, says that in the last few months, X has made remarkable progress. He has become a different student, she says. He is confident and happy. He is excited to learn and his vocabulary has greatly improved. He is now self-motivated and wants to stay at the head of the class. [ 8 ] X has many reasons to be proud of himself. [ 9 ] On the mother's side, her situation is stable, but the mother is not ready to take back her son with her. [ 10 ] The mother realizes that X's needs are well met by the foster family. But that does not mean she is abandoning him.

The mother wants to maintain regular contact with him. She wants him to benefit from the best of both worlds. [ 11 ] The mother's decision is clearly made in the best interest of her child. [ 12 ] The attorney for the child says X is happy in his foster family and appreciates his contacts with his mother.

FOR THESE REASONS, THE COURT: GRANTS this motion; REVISES the decision rendered on September 27 th , 2011 by Justice Nancy McKenna; DECLARES that the security and the development of X are still in danger; ORDERS that X be entrusted to the foster home of D and B until he reaches the age of majority; ORDERS that the contacts between X and his mother be maintained; ORDERS that the contacts between X and his siblings be maintained; ORDERS that aid, counsel and assistance be provided to X and his mother if she desires; ENTRUSTS the situation of the child X, to the Director of Youth Protection A, who shall then see that the measures are carried out; ORDERS the police to collaborate in the execution of this order; __________________________________ LISE GAGNON, J.C.Q.

M e Robert-André Adam Attorney for the D.Y.P. M e Yan Massé Attorney for the child M e Sarah Plamondon Attorney for the mother Date of hearing: February 28 th , 2012