2023 QCCQ 8510, 2023 QCCQ 8510

Protection de la jeunesse — 232715 2023 QCCQ 8510 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000748-212 DATE : JANUARY 10 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2021 Child And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A, Applicant and A , Mother and Undeclared father. JUDGMENT

Article 95 al. 1- Youth Protection Act [ 1 ] The Director of Youth Protection (DYP) submits an application for a review of the decision rendered on March 14 th , 2022, entrusting the child to a foster home for six months along with supporting measures including aid, counselling and assistance for a period of six months. [ 2 ] The Director asks the Court to order that the child be entrusted to the foster family of Mr. and Mrs. B and C for a period of six months along with supporting measures for the same period of time.

[ 3 ] The child has no paternal filiation. He has been abandoned by the mother who is absent at the hearing. [ 4 ] After having heard the whole evidence, M e Massé on behalf of the child agrees with the recommendations. [ 5 ] The evidence reveals the following facts. [ 6 ] Since the last judgment rendered on March 14 th , 2022, the child remained in the same foster home and he’s doing well. [ 7 ] The mother has not contacted the worker since the last judgment, and she has not requested contacts with the child. She is not in the community and her current whereabouts are unknown.

The mother has not made any change in her lifestyle. [ 8 ] The foster mother is committed to taking care of the child on a long term as she is doing for one of the child’s half siblings. [ 9 ] The foster mother considers the child as her own. [ 10 ] The mother is not in a position to resume care of the child. [ 11 ] On September 12 th , 2022, the foster parents have made their decision to adopt the child and another foster child who is the half- sister of the child. [ 12 ] The child is doing well under the care of his current foster family who has no concern about him. [ 13 ] Given the whole evidence, the Court concludes that security and development of the child are still endangered under

section 38 (

a) of the Youth Protection Act abandonment and under

section 38 ( b ) (2)- serious risk of neglect. [ 14 ] As for the measures, given the whole evidence, the needs of the child, the consent of M e Massé on his behalf, the fact that the recommendations are aiming at maintaining stability for the child and that the foster parents have demonstrated being able to answer all his needs, the Court concludes that the recommendations proposed are in the interest of the child. FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] REVISES the decision rendered on March 14 th , 2022; [ 17 ] DECLARES that the security and development of X born on [...], 2021 are still endangered under

section 38 (

a) and 38 ( b ) (2) of the Youth Protection Act ; [ 18 ] ORDERS that the child be entrusted to the foster family of Mr. and Mrs.

B and C for a period of six (6) months ; [ 19 ] ORDERS that frequency and modality of contacts between the mother and child be determined by the Director of Youth Protection, taking note that visits will not be authorized prior to the mother meeting with the Director of Youth Protection and visits will be supervised; [ 20 ] ORDERS the mother to inform the Director of Youth Protection of any steps she has taken to address her substance abuse and lifestyle issues; [ 21 ] WITHDRAWS form the parents the exercise of parental attributes with respect to education, health and travel be and GRANTS the exercise of said parental attributes to the Director of Youth Protection; [ 22 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family and the child’s caregivers; [ 23 ] The whole, for a period 6 months, until July 10 th , 2023 . [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdelena Lempicka Attorney for the Director of Youth Protection M e Yan Massé Advocate for the child Date of hearing : January 10 th , 2023 Last exhibit: D-9