2012 QCCQ 9809, 2012 QCCQ 9809
Opinion
Protection de la jeunesse — 121480 2012 QCCQ 9809 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000368-107 DATE: March 14, 2012 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for extension of an order in respect of X (2010-[…]) is referred to the Court by the Director of youth protection pursuant to
section 95 of the Youth Protection Act. [ 2 ] On March 2, 2011, the Court declares that the security and development of this child are in danger and orders that she be entrusted to a foster family with a social follow-up until February 28, 2012 and that a long term life project be clarified for X for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :
a) X has been with the same family since over a year ;
b) X has been provide with a loving and stable environment ;
c) the parents did not change their idea about adoption ;
d) both parents agree to have X adopted ;
e) the foster family of X want to adopter her, they already take care of her as their daughter ;
f) it is in the best interest of X that the Director of Youth Protection take the appropriate measures to actualize the adoption project. [ 4 ] At the hearing, the parents are absent and unrepresented. [ 5 ] The child is represented by a lawyer who admits the situation described at the petition and consents to its conclusions. [ 6 ] The Court studied the petitioner's follow-up report. [ 7 ] Considering the report's content, the position of the child's lawyer and the absence of the parents, the Court grants the petition in the sense of its conclusions. WHEREFORE, THE COURT : [ 8 ] DECLARES that the security and the development of X are still considered to be in danger according to
section 38 of the Youth Protection Act ; [ 9 ] ORDERS that X be entrusted to a foster family ; [ 10 ] ORDERS the Director of youth protection to clarify as soon as possible a long term life project for X ; [ 11 ] ORDERS that the parents’ right to exercise their parental authority with regards to the authorizations to be given concerning the routine or urgent health services and the social, academic and extracurricular activities be withdrawn and DELEGATES these rights to the Director of youth protection ; [ 12 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 13 ] ENTRUSTS the situation of to the Director of youth protection of the Centre Jeunesse A until August 30, 2012 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.
Me Lynn-Ann Smith, for the petitioner Me Mathieu Racine, for the child Mr A, the father (absent) Mrs B, the mother (absent)
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