2011 QCCQ 13586, 2011 QCCQ 13586

Protection de la jeunesse — 114748 2011 QCCQ 13586 JD 2182 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-003643-106 DATE: September 12, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: [...], 2009 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Declarant -and- A , residing at [...], CITY A ([...]); -and- B , actually incarcerated; Parents of the child -and- COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A motion for extension of a court decision is submitted to the court concerning the child X, born on [...], 2009.

[ 2 ] In support of the procedure, the director of youth protection asks the extension of order rendered on September 17, 2010. [ 3 ] Since the last court order, the child has remained in a foster family where he is evolving positively.

The child benefits for a regular medical follow-up. [ 4 ] Since the last court order, the mother has been released from jail, but has been arrested for accessory after the fact on a murder charge. [ 5 ] Since the last court order, the father has been arrested for murder and remains incarcerated. [ 6 ] During her incarceration, the mother refused to have contact with the child, but sends pictures and letters to him. [ 7 ] The maternal grandmother has asked for contacts, but has not attended every planned contact.

She is asking for the child to be with her. [ 8 ] The foster family is ready to take care of the child on a long-term basis. The child is in a same foster family since February 11, 2010. It is noted that the foster parents are paternal relatives of the father and had also fostered him when he was younger. [ 9 ] The child is very comfortable with the foster parents and has developed a strong bond with them and their children. [ 10 ] The court is convinced that the security and development of the child are still in danger because of a situation of neglect.

The recommendations of the youth protection director are appropriate and in the interest of the child. [ 11 ] Considering the admissions and after the reading of the report, the Court is satisfied and therefore: [ 12 ] MAINTAINS the present motion; [ 13 ] DECLARES that the security and development of the child X are still in danger; [ 14 ] EXTENDS the Court order rendered on September 17, 2010; [ 15 ] ENTRUSTS the situation of the child X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of six months : [ 16 ] ORDERS that the child be entrusted to a foster family and TAKES ACT that the foster family will be Mrs.

C and Mr.

D; [ 17 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 18 ] TAKES ACT that the youth protection director elaborate a life time project for the child; [ 19 ] AUTHORIZES the contacts between the child and his parents be according to an agreement between the parties and with the presence of a third party designated by the youth protection director; [ 20 ] ORDERS that the contacts between the child and the maternal grandmother will be according to an agreement between the parties and with the presence of at third party designated by the youth protection director; [ 21 ] WITHDRAWS the exercise of certain rights of parental authority from the parents and AUTHORIZES the youth protection director to sign the authorizations required for medical and travel purposes including the application for a passport; [ 22 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS, J.C.Q.

Me Caterine Caron Procureure de la directrice Me Béatrice Clément Procureure de l’enfant Me Danielle Plante Procureure de la mère Date of hearing: September 12, 2011