2012 QCCQ 13598, 2012 QCCQ 13598

Protection de la jeunesse — 124895 2012 QCCQ 13598 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N o : 640-41-001430-120 DATE: September 25, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2002 MRS [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, Quebec, district A Petitioner and MRS A , residing and domiciled in Town A, Quebec, district A Mother and MR B , residing and domiciled in Town B, Quebec, district A Father (not legally declared) ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mrs [Social Worker 1], delegate of the Director of Youth Protection A, asks the Court to review the judgment rendered on March 20, 2012 by Honourable Judge Daniel Bédard. The youth was entrusted to C for a year with possibility of reintegration with his father after four months.

She now asks that X be entrusted to Mr B, known as the biological father of the child, but not declared on the birth certificate. [ 2 ] At the hearing, the youth and his mother were present and represented by Me Cassandra Neptune and Me Angela Tommasel. The father is absent, but represented by Me Sarah Plamondon. The biological father is well known by the parties, but is not legally declared. Over the years, he never made any legal procedure to be acknowledged as the father.

Me Robert-André Adam represents the petitioner. [ 3 ] With the admissions made by the parties, the revision report filed, the agreement of the parties with the recommendations and the social worker testimony, the Court has evidence of new facts justifying the revision. [ 4 ] Evidence reveals that the biological father has improved his situation. He offers a good collaboration with the social worker in Town A. He wants his son back with him and is ready to receive counselling. He cares for him and also has kept in touch.

The youth stayed for a while with Mrs C, but on June 6, 2012, he was placed with his maternal grandparents because of Mrs C breakdown. [ 5 ] The mother agrees that X and all her children be reunited with their father, as her situation remains the same. [ 6 ] Considering the evidence, [ 7 ] FOR THESE MOTIVES, THE COURT : [ 8 ] GRANTS the petition; [ 9 ] DECLARES that the security and development of X are still in danger; [ 10 ] ENTRUSTS the youth to Mr B for a period of nine months; [ 11 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and his parents for a period of nine months; [ 12 ] ORDERS the Director of Youth Protection to supervise the visit rights and access of the youth with his mother;

[ 13 ] ORDERS the father to collaborate actively with the social worker; [ 14 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q. Me Robert-André Adam, attorney for the petitioner Me Sarah Plamondon, attorney for the father Me Angela Tommasel, attorney for the mother Me Cassandra Neptune, attorney for the child Date of hearing: August 28, 2012