2022 QCCQ 11290, 2022 QCCQ 11290
Opinion
Protection de la jeunesse — 223207 2022 QCCQ 11290 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000589-202 DATE: June 15, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […]; Applicant and X, born on […], 2018; Child and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the decision rendered on May 20, 2021, in the situation of X, 4 years old. [ 2 ] The applicant recommends the extension of the child’s placement for an additional period of six months. [ 3 ] At the hearing, the parents are absent. Me Marie-José Ayoub represents the mother and Me Justine Bergeron, the father.
Me Yan Massé represents the child and Me Magdalena Lempicka the applicant. [ 4 ] A revision report is filed and the applicant modifies the duration of the placement required to six months instead of twelve. [ 5 ] The parents admit many allegations and agree upon the amended measures. [ 6 ] The evidence reveals that the child remained in the same foster home and is doing well. The child still requires special needs services. He has a regular medical follow-up. The foster parents provide all his needs. Now, they are thinking about their long term investment. [ 7 ] The parent’s situation remains the same.
They have not taken any steps to deal with their issues. The father was supposed to attend meetings for his alcohol and drug issues and an anger management program.
He wants to file an application and wants to attend treatments in Town A next August, he said. [ 8 ] The mother was supposed to attend [organism A] but did not complete her application. [ 9 ] The parents have contacts with the child when the child regularly visits both set of grandparents. [ 10 ] Considering the young age of X, the time he spent in his foster family, the bond he creates with the foster parents; the Court agrees with the shorter period of placement as requested, giving time to the foster parents and the parents to decide of the child’s future. [ 11 ] This is also the last delay for the parents to seek for services. [ 12 ] Meanwhile the Director will evaluate if a long term placement with the foster parents is feasible and in the child’s best interest.
FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X are still in danger;
[ 15 ] ORDERS the placement of X in a foster family for six months; [ 16 ] ORDERS the father to seek services for his unresolved substance abuse issues and ager management issue; [ 17 ] ORDERS the mother to seek services for her personal issues; [ 18 ] ORDERS the Director to supervise the contacts between the child and the parents as for modalities, frequency and degree of supervision; [ 19 ] AUTHORIZES the Director to share and to obtain information with service providers working with the parents; [ 20 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the child for six months; [ 21 ] ORDERS the parents to collaborate actively with the Director; [ 22 ] ENTRUSTS the child’s situation to the Director of Youth Protection who shall then see that the measures are carried out.
Signed on June 23, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Magdalena Lempicka Me Magdalena Lempicka Counsel for the applicant Yan Massé Centre communautaire juridique a Counsel for the child Marie-Josée Ayoub Ayoub Avocats inc Counsel for the mother Justine Bergeron Yves Ménard Avocats inc Counsel for the father Date of hearing: June 15, 2022
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