2015 QCCQ 12771, 2015 QCCQ 12771

Protection de la jeunesse — 152607 2015 QCCQ 12771 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000635-144 DATE: July 29, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...] [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection exercising her profession at the Centre Jeunesse A, having a place of business at [...] in Town A, district A (Quebec) [...] Applicant and A , residing and domiciled at [...] in Town B ([ Province A] ) [...] Mother and B , residing and domiciled at [...] at Town A , district A (Quebec) [...] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 Director of Youth Protection asks the Court to review the Court's orders rendered on November 27, 2014 in the child's situation. [ 2 ] On November 27, 2014 the Court maintained that the security or development of X was still in danger pursuant to the law and entrusted him to his mother. [ 3 ] The Director of Youth Protection asks the Court to review its decision because the mother and the child moved in [Province A] and intended to live there permanently.

Furthermore on February 27, 2015 the Children's Aid Society A district signed a Temporary Agreement and thus the child was placed in foster care under the custody of the Society. A Court hearing had been scheduled in June and had been postponed on July, 15. [ 4 ] Thus the Director of Youth Protection asks the Court to declare that the child's security or development is no more in danger according to the Youth Protection Act of the province of Quebec considering that he is now domiciled in the province A.

Furthermore the Director of Youth Protection asks the Court to acknowledge that he will close the child's file as soon as the orders are rendered. [ 5 ] The mother is present and represented by counsel. She agrees with the Director of Youth Protection's recommendations. [ 6 ] The father is absent but duly represented by counsel. Counsel stated having a clear mandate from her client. She agrees with the Director of Youth Protection's recommendations. [ 7 ] The child is represented by counsel.

The facts [ 8 ] The Court considers the following facts as proven by preponderant evidence. [ 9 ] The mother now lives with the child in Town C [Province A] since August 30, 2014. [ 10 ] On February 27, 2015 the child was placed in foster care by Children's Aid Society A. On that date the mother signed a Temporary care agreement stipulating that the child will remain in a foster home until May 27, 2015. [ 11 ] The mother signed that agreement because she wanted to attend a treatment center for a drug addiction problem.

Reports from the caseworker of the society indicated that the mother was found to be addicted to prescribed medication Oxycodone sold on the streets. The mother agreed to have the child placed. [ 12 ] According to those reports the mother had been doing very well and had set up a new home for her and the children. She joined

as well a women's group specific to women who have been impacted by domestic violence. [ 13 ] The mother continues to have a difficult time removing herself from the situation with the father. The parents have been reported to be together on many occasions. She still takes the part of the father and expresses to the service providers that they don't understand her spouse. [ 14 ] The mother was required to move away to Town C [Province A] with her child because the father refused to leave the family house.

A few months later he was required to leave the house as well because the rent was not being paid. [ 15 ] The father lives at his mother's place in Town A. He has not made any effort to work with any services provided to him. He is not collaborating with any Youth Protection services at all. [ 16 ] X is a two years old child. He has been subjected to many conflicts and instability. He is healthy physically and tends to be happy regardless. His siblings are placed as well in foster homes. [ 17 ] The mother had created a good bond with her child. [ 18 ] The father expressed that he had a good bond with his child.

However he had not had a visit with X since Christmas 2014. Decision [ 19 ] Considering the evidence tendered the Court is convinced that the security or development of the child is still in danger. [ 20 ] Nevertheless the Court acknowledges as well that the mother is now domiciled in another juridiction where the Youth Protection authorities have withdrawn with the mother's consent her child from her environment to have him fostered in a foster family.

For these motives the Court: [ 21 ] Grants partially the motion; [ 22 ] Maintains that the security or development of X , born on [...] is still in danger pursuant to the Youth Protection Act ; [ 23 ] Acknowledges that the mother and the child are domiciled in another juridiction; [ 24 ] Acknowledges that the Youth Protection authorities in that juridiction have taken legal procedures concerning the child; [ 25 ] Recognizes that the Director of Youth Protection is not in a legal position to execute the applicable measures ordered on November 27, 2014; [ 26 ] Recommends that the Director of Youth Protection communicate and transfer to the Youth Protection authorities in [Province A] in accordance with the dispositions of the Youth Protection Act all relevant information to the child's situation. __________________________________ Josée Bélanger, J.C.Q.

Me Julie Lemire, attorney for the Director of Youth Protection Me Sébastien Lebel, attorney for the child Me Michel-Étienne Parayre, attorney for the mother Me Peggy Warolin, attorney for the father Date of hearing: July 8, 2015