2023 QCCQ 8512, 2023 QCCQ 8512
Opinion
Protection de la jeunesse — 232717 2023 QCCQ 8512 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No. 614-41-000787-210 DATE : JANUARY 12 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF: X [1] , born on [...], 2020 Child And [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection, working in Town A Applicant And A Mother JUDGMENT
Article 95- Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on December 3 rd , 2021 entrusting the child to a foster family and ordering several assistance measures including aid, counselling, and assistance for a period of nine months. [ 2 ] The Director asks the Court to order that the child be entrusted to the mother and to order assistance measures for a period of six months. [ 3 ] The mother is absent. M e Ayoub on her behalf makes a general admission of all the alleged facts.
The mother agrees with the recommendations. [ 4 ] M e Massé on behalf of the child, given the mother’s position agrees to the recommendations proposed. [ 5 ] The evidence reveals that at the end of the placement the child was entrusted back to the mother. The child is doing well. The mother and the child live in the home of the maternal grandparents. [ 6 ] The mother went to Centre A for treatment program in early July 2022 in the mother and child program. After ten days, the child joints her at Centre A. [ 7 ] On July 18 th , 2022, the mother asked to leave the treatment program.
She did not like the rules at Centre A.
[ 8 ] The mother tested positive for two substances: on THC and methamphetamine. She had consumed speed and it took her three days to recover. [ 9 ] The mother returned to Town A on July 24 th , 2022. [ 10 ] [Social Worker 1], Youth Protection worker wrote in the report [2] that: The mother has taken steps required of her. She is meeting with an after-care worker through long distance. She has come to the realization of the risks she has been exposing her child to.
She has access to resources of the social workers to ensure she continues towards her sobriety and receiving resources. [ 11 ] As long as the mother has realized the risk she has been exposing her child to and her commitment to take steps to address her issues, the presence of the Director of Youth Protection to monitor the situation, the Court concludes that the recommendations are in the interest of the child. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X born on [...], 2020 are endangered under
section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act ; [ 14 ] ORDERS that the child be entrusted to the mother; [ 15 ] ORDERS the mother to continue to receive after care to maintain her sobriety; [ 16 ] ORDERS that the mother refrain from taking any drugs and /or being under the influence of alcohol in the presence of her child at all times; [ 17 ] ORDERS the mother to undergo random drug testing; [ 18 ] ORDERS the mother to advise the Director of Youth Protection of any changes in address and/or coordinates; [ 19 ] ORDERS the mother to fully collaborate with the Director of Youth Protection and meet the worker upon request; [ 20 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and the mother; [ 21 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of six (6) months ; [ 22 ] The whole, until July 12 th , 2023 . [ 23 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 24 ] ORDERS the execution of the present judgment by any peace officer. ___________________________________ LUCIE GODIN, J.C.Q.
M e Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother M e Yan Massé Advocate for the child Date of hearing: January 12 th , 2023 Last exhibit : D-10
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