2015 QCCQ 9334, 2015 QCCQ 9334

Protection de la jeunesse — 151001 2015 QCCQ 9334 COURT OF QUEBEC “Youth Division” CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] No: 610-41-000487-116 610-41-000485-110 DATE: February 4, 2015 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], human relations agent, exercising her profession at the Centre Jeunesse A, having a place of business at […] in Town A, district A, […] Applicant -and- X and Y, domiciled and residing at […] in Town B, district A, […] Children -and- A, domiciled and residing at […] in Town C, [province A], […] Mother -and- B, domiciled and residing at […] in Town D, district B, […] Father of the child X ______________________________________________________________________ JUDGMENT (Section 95 (1 and 2) and 75 of the YPA, RSQ chap.

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 ] On August 23 rd , 2012, the Honourable Nancy McKenna, J.C.Q., entrusted the children Y, born on […], 2001, and X, born on […], 2008, to a foster family until they reach majority.

Given that both children are evolving well with their current foster family and that the mother does not collaborate with the services of the Director of Youth Protection or ensures a presence in the lives of her children, the Director of Youth Protection is presenting the Court with a motion under

section 95 of the Youth Protection Act in order to withdraw certain attributes of parental authority to the parents and grant the attributes of parental authority to Mrs C and Mr D, the children's foster parents. [ 2 ] This day, both children are present and represented. The mother is absent, but represented by Me Warolin. Y has no declared father. As for X's father, he was legally served, but is not present or represented. He does not wish to be involved in the life of his child and does not collaborate with the services of the Director of Youth Protection.

The Court allows the applicant to proceed without the presence of the child X's father. [ 3 ] The mother, through her lawyer, expresses her agreement to all of the allegations concerning the child Y. She also admits the allegations concerning X, but ignores the allegations concerning the father. She agrees with the measures put forth by the applicant. [ 4 ] Both children admit all of the allegations contained in the motion and wish to stay with their current foster family.

THE FACTS [ 5 ] Since December 2010, both children have been under measures provided by the Director of Youth Protection. [ 6 ] Both children have been entrusted to a foster family until they reach their majority. They are currently living with the family of C and D. [ 7 ] Until January 2013, the mother had regular contacts with both children. Since then, she has stopped communicating with them. [ 8 ] In December 2013, the applicant had a conversation with the mother who was living in Town E. She was pregnant at the time.

She explained to the applicant that it was better for her children that they be placed in a foster family and she did not want to disturb their evolution and development with regular contacts. That was the last contact to this date between the applicant and the mother. [ 9 ] Y was diagnosed with TDA and was prescribed medication in accordance with the diagnostic. He is evolving well within his foster family, does his chores, but can be arrogant at times and provocative with the foster parents. He tries to have the last word and,

sometimes, he is caught lying. This behaviour can be explained by the fact that, while living with his mother, the youth was used to having everything he wanted. [ 10 ] Concerning the child X, he is living in the same foster family as his older brother. When the child was placed with the foster family, he used to hit, bite and have temper tantrums. The situation is improving and the foster family mentions that they are fully able to deal with these manifestations. [ 11 ] In September 2013, when X started school, it was a little bit difficult for him. The child has now matured and the situation is getting better.

Dr. Perreault recommended a psychological evaluation for the child and the school has accepted to follow any recommendations that would be provided in such an evaluation. [ 12 ] As for his father, the child X rarely speaks with him. In December 2013, the father had mentioned to the applicant that he wished to take the proper steps in order for his son to be reintegrated with him. He mentioned that he would get in touch with his lawyer and regain custody of his son. Since December 2013, nothing was done in that regard by the father.

He is currently living in Town F and does not come to Town G to visit the child. [ 13 ] Considering that the children are placed with the foster family of C and D until majority and that the parents have not been involved with their children for quite a long time, the Court considers that it is in the best interests of the children to withdraw certain attributes of parental authority from the parents and grant them to their current foster family.

FOR THESE MOTIVES, THE COURT: In the situation of the child Y [ 14 ] GRANTS the present application; [ 15 ] MAINTAINS that the security and development of Y, born on […], 2001, are still in danger; [ 16 ] REVIEWS the last order; [ 17 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents; [ 18 ] AUTORIZES Mrs C and Mr D (youth’s foster parents) to consent to any medical care that could be required for the adolescent; [ 19 ] AUTORIZES Mrs C and Mr.

D to register the adolescent for school; [ 20 ] AUTHORIZES the adolescent to participate to different activities (sports, cultural activities, school activities); [ 21 ] AUTORIZES Mrs C and Mr D to obtain a passeport for the adolescent from the Government of Canada; [ 22 ] AUTORIZES Mrs C and Mr D to travel with the adolescent outside of Canada; [ 23 ] PERMITS Mrs C and Mr D to authorize the adolescent to obtain his drivers license; [ 24 ] AUTORIZES Mrs C and Mr D to obtain a social insurance number for the adolescent from the Government of Canada; [ 25 ] MAINTAINS all the other orders that were previously rendered; [ 26 ] ORDERS any police body to collaborate for the purpose of executing this enactment; [ 27 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection for the execution of the present judgment; In the situation of the child X [ 28 ] GRANTS the present application; [ 29 ] MAINTAINS that the security and development of X, born on […], 2008, are still in danger; [ 30 ] REVIEWS the last order; [ 31 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents; [ 32 ] AUTORIZES Mrs C and Mr D (Child’s foster parents) to consent to any medical care that could be required for the child; [ 33 ] AUTORIZES Mrs C and Mr.

D to register the child for school; [ 34 ] AUTHORIZES the child to participate to different activities (sports, cultural activities, school activities); [ 35 ] AUTORIZES Mrs C and Mr D to obtain a passport for the child from the Government of Canada; [ 36 ] AUTORIZES Mrs C and Mr D to travel with the child outside of Canada; [ 37 ] PERMITS Mrs C and Mr D to authorize the child to obtain his drivers license; [ 38 ] AUTORIZES Mrs C and Mr D to obtain a social insurance number for the child from the Government of Canada;

[ 39 ] MAINTAINS all the other orders that were previously rendered; [ 40 ] ORDERS any police body to collaborate for the purpose of executing this enactment; [ 41 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of the present judgment; __________________________________ Marc E. Grimard, J.C.Q. M e Julie Lemire Counsel for the applicant M e Jean-François Lacasse Counsel for the children M e Peggy Warolin Counsel for the mother Date of hearing: December 2 nd , 2014