2023 QCCQ 8502, 2023 QCCQ 8502
Opinion
Protection de la jeunesse — 232707 2023 QCCQ 8502 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000672-214 DATE : MAY 2 nd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2018 Child And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A and B Parents .
JUDGMENT Articles 95, 75, 91 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on October 31 st , 2022, entrusting the child to a foster home for a period of six months along with supporting measures including aid, counselling and assistance to the child and the child’s family for a period of twelve months. [ 2 ] The Director asks the Court to order that the child be entrusted to the foster home of C for a period of six months and to order several assistance measures for a period of one year. [ 3 ] The mother and the father are absent.
They are not represented by a lawyer.
[ 4 ] After having heard the whole evidence M e Wylde on behalf of the child consents to the application and the proposed measures being in the interest of the child. [ 5 ] The evidence reveals the following facts. [ 6 ] The child is four years old. Since the last judgment she remained with her current foster family. [ 7 ] The parents have not yet resolved their issues. The mother is expecting another child and will give birth in June 2023. [ 8 ] Since her pregnancy, the mother has requested frequent and regular visits with the child. She did not complete any treatment program.
She has not requested any services to address her consumption issues. [ 9 ] The father still struggles with alcohol consumption issues. He did not attend any treatment program to address his personal and consumption issues. He has irregular visits with the child. [ 10 ] [Social Worker 2], Youth Protection worker, in the revision report [2] analyses the situation in the following terms: This family still needs the DYP to be involved with the children to be in security and develop normally. The mother has not taken steps to address her issues with alcohol and drug consumption use. Same goes for the father as well.
The mother was ordered to attend a treatment program but hasn't done so nor did she attend any programs/workshops from Center A. The father still struggles with alcohol and drugs but is in déniai that he has a problem with his consumption use for alcohol and drugs. [ 11 ] The goals and objectives of the measures are the following: DYP's goal is for the parents to maintain a sober lifestyle for the sake of the children. The children are young and vulnerable. Both children are at the stage when they know what is right and wrong. The children need a safe stable home environment.
The mother to attend a treatment program and a relapse prevention program after the treatment is completed. [ 12 ] The child is currently in a stable home who offers her a safe living home environment. [ 13 ] Given the whole evidence, the consent of M e Wylde on behalf of the child, the Court concludes that the recommendations are in the interest of the child and answer her needs. THEREFORE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] REVISES the decision rendered on October 31 st , 2022; [ 16 ] DECLARES that the security and development of X born on [...], 2018 are still endangered under
section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act ; [ 17 ] ORDERS that X be entrusted to the foster home of C for a period of six (6) months ; [ 18 ] ORDERS frequency and modality of contact between the child and her parents be authorized by Director of Youth Protection including supervision as required to do so; [ 19 ] ORDERS the mother to actively engage in NNADAP services, Center A, Resource A, etc.; [ 20 ] ORDERS that the parents attend a treatment program and a relapse prevention program once a treatment program is completed; [ 21 ] ORDERS the parents not to expose the child to anyone under the influence of alcohol and drugs or any form of violence; [ 22 ] ORDERS the parents to collaborate with Director of Youth Protection worker and go to the office of the Youth Protection workers upon Director of Youth Protection request; [ 23 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of twelve months, until May 2 nd , 2024 ; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. [ 25 ] The whole until May 2 nd , 2024 .
___________________________________ LUCIE GODIN, J.C.Q. M e Magdalena Lempicka Attorney for the Director of Youth Protection Parents absents, not represented M e Fanny Wylde Advocate for the child Date of hearing : May 2 nd , 2023 Last exhibit: D-12
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