2017 QCCQ 693, 2017 QCCQ 693

Protection de la jeunesse — 1730 2017 QCCQ 693 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000036-154 DATE: January 18, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2009 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, deceased Father ______________________________________________________________________ JUDGMENT (Sections 95 and 75 Y.P.A., R.S.Q. c.

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 ] The Court is seized with a motion in revision of the judgment rendered on January 6, 2016 by Honourable Lucille Beauchemin, J.C.Q., concerning the situation of X, 7 years old. [ 2 ] The applicant, Mrs [social worker 1], asks that the child be placed in foster family until his majority. [ 3 ] At the hearing, the mother is present, assisted by Me Myriam Gaudreault.

The child is represented by Me Yan Massé and Me Camille Champeval assists the applicant. [ 4 ] The mother admits most of the allegations and agrees with the measures recommended in the revision report. [ 5 ] Since the last judgment, the child remained in the foster home of Mr C and Mrs D. The child is well adapted to his living environment and has developed a strong emotional bound with the foster parents. [ 6 ] Last June 2, his father passed away. After the father’s death, the mother remained absent from her child’s life for a period of two months. She remains homeless until few months ago.

She moved from Town A, Town B and Town C. She continues to drink abusively and to use drugs. She visited her son irregularly. She took some steps to begin treatment for addiction, but has not followed through. [ 7 ] The foster father testifies and declares that the child is doing very well. He is committed to the child and he and his wife are ready to assume him until his majority. He is able to favour and to organize contacts and visits of the child with the mother.

He was a good friend of the child’s father and believes that X would need services to understand his father’s death. [ 8 ] For the paternal grandfather’s contacts with X, the foster father can organize such contacts with the supervision of the Director of Youth Protection. [ 9 ] Considering the mother’s agreement and the evidence, THEREFORE, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of X are still in danger;

[ 12 ] ORDERS the placement of X in a foster family until his majority and TAKES NOTICE that he will remain with the foster parents, Mrs D and Mr C; [ 13 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and the mother and the paternal grandfather (frequency and modalities); [ 14 ] WITHDRAWS certain attributes of parental authority from the mother and AUTHORIZES the Director of Youth Protection to sign all medical, educational, social, travelling authorizations including the request to obtain a passport; [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his mother until the age of majority; [ 16 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Myriam Gaudreault Attorney for the mother Me Yan Massé Attorney for the child Date of hearing: December 5, 2016