2015 QCCQ 8392, 2015 QCCQ 8392

Protection de la jeunesse — 15452 2015 QCCQ 8392 JL4031 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-028927-143 525-41-028930-147 DATE: January 8 th , 2015 ______________________________________________________________________ PRESIDED BY : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ In the matter of : X born on […], 1997 Y born on […], 2004 The Director of Youth Protection A applicant ______________________________________________________________________ JUDGMENT (section 38 of the Youth Protection Act) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized with a motion under

section 38 of the Youth Protection Act requesting that the security or development of the children be declared to be in danger in relation to both parents’ death. [ 2 ] The Director is recommending that the children be entrusted to family friends (A family) for one year in the case of Y and until majority ([…] 2015) in the case of X. [ 3 ] Both children are present, assisted by an attorney. So are the A’s. [ 4 ] The facts establish that, as alleged, the children’s parents are both deceased. The father passed away in 2012 and the mother, in July 2014.

No specific provisions were made by the parents in case of their death. [ 5 ] The children were initially taken care of by the maternal grandparents but they returned to their homeland in October 2014. [ 6 ] Since then, the children have been in the care of family friends, Mr. A and Mrs. B. The children have adapted well to their new environment and agree to continue to live with them.

The A’s also agree. [ 7 ] The A’s have been assessed and accepted as being able to foster the children. [ 8 ] X is a responsible, intelligent and high-functioning adolescent. [ 9 ] Y has had certain behavioural issues at a former school but seems to be doing well in his present school. [ 10 ] The A’s offer the children a warm and caring environment. The children are treated like the A’s own children. [ 11 ] As mentioned above, the Director is recommending that Y be entrusted to the A’s for one year during which time, different legal options will be explored . CONSEQUENTLY, AND FOR THESE REASONS, THE COURT:

[ 12 ] GRANTS the motions; [ 13 ] DECLARES that the security or development of X and Y is in danger; [ 14 ] ORDERS that X and Y be entrusted to Mr. A and Mrs. B; [ 15 ] TAKES JUDICIAL NOTICE that Mr. and Mrs. A are being evaluated to become a foster family and in the eventuality that they are recognized as a foster family, ORDERS that the children be entrusted to the foster family of Mr. A and Mrs. B; [ 16 ] ORDERS that X and Y receive support services in the community, specifically pertaining to grief counselling, if deemed necessary; [ 17 ] RECOMMENDS that Mr. and Mrs.

A ensure to meet with professionals at Y’ school and follow through with any recommendations made; [ 18 ] ORDERS that Mr. and Mrs.

A be granted with the exercise of parental authority in regards for Y : school issues, health issues, extra-curricular activities, passport and military services in Israel and in regards for X : school issues, health issues, extra-curricular activities, passport, place of residence and allow independent living; [ 19 ] RECOMMENDS that X receive services from a [centre A] delegate pertaining to services geared towards independent living; [ 20 ] ORDERS that the Director be authorized to obtain and share information with all the professionals working with the family; [ 21 ] ORDERS a person working for [centre A] to provide aid, counsel and assistance to the children and the family; [ 22 ] THE WHOLE UNTIL X’S AGE OF MAJORITY; [ 23 ] THE WHOLE FOR A PERIOD OF ONE YEAR FOR Y; [ 24 ] ENTRUSTS the situation of X and Y to the Director of Youth Protection A who shall see that these measures are carried out and these measures may be executed by any peace officer, if necessary. _________________________________ CLAUDE LAMOUREUX, J.C.Q.

M e Heidi Lechter Attorney for the applicant M e Pauline R. Laforce Attorney for the children Judgment rendered verbally on January 8 th , 2015 CL/nl