2023 QCCQ 8503, 2023 QCCQ 8503
Opinion
Protection de la jeunesse — 232708 2023 QCCQ 8503 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000673-212 DATE : MAY 2 nd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2016 Child And [SOCIAL WORKER 1] youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A Anf 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 a foster family for a period of six months and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of twelve months.
[ 3 ] The mother and the father are absent. The father is represented by M e Ayoub who on his behalf consents to the measures. [ 4 ] The child is represented by M e Wylde who after having heard the whole evidence consents to the proposed measures. [ 5 ] The evidence reveals the following facts. [ 6 ] The child is six years old. Since the last judgment she has remained in her current foster home and is reported doing well. [ 7 ] The parents have not resolved their issues.
The mother is expecting a child and will give birth in June 2023. [ 8 ] Since her pregnancy, the mother has requested frequent and regular visits with the child. The mother did not complete any treatment program. She has not requested any services to address her consumption issues. [ 9 ] The father is not involved in the child’s life. He states not being the father of the child. [ 10 ] The mother’s situation remains the same. Up until now, she has taken no action to address her issues.
The Youth Protection intervention is still necessary in the family. [ 11 ] [Social Worker 2]in her revision report [2] identifies the goals and objectives of the measures in the following terms: DYP's goal is for the mother to maintain a sober lifestyle for the sake of the child. The child is young and vulnerable. The child is getting at the stage where she knows.
The children need a safe stable home environment. [ 12 ] Given the whole evidence, the consent of the father and 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: [ 13 ] GRANTS the Application; [ 14 ] REVISES the decision rendered on October 31 st 2022; [ 15 ] DECLARES that the security and development of X born on [...], 2016 are still endangered under
section 38 ( b ) 1) iii. and 38 (b) (2) of the Youth Protection Act ; [ 16 ] ORDERS that X be entrusted to the foster home of C for a period of six (6) months ; [ 17 ] ORDERS frequency and modality of contact between the children and their parents be authorized by Director of Youth Protection including supervision as required to do so; [ 18 ] ORDERS the mother to actively engage in NNADAP services, Center A, Resource A, etc.; [ 19 ] ORDERS that the parents attend a treatment program and a relapse prevention program once a treatment program is completed; [ 20 ] ORDERS the parents not to expose the children to anyone under the influence of alcohol and drugs or any form of violence; [ 21 ] 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; [ 22 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of twelve months; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 24 ] The whole, until May 2 nd , 2024 . ___________________________________ LUCIE GODIN, J.C.Q.
M e Madgalena Lempicka Attorney for the Director of Youth Protection Mother absent, not represented M e Marie-Josée Ayoub Attorney for the father M e Fanny Wylde Advocate for the child Date of hearing : May 2 nd , 2023 Last exhibit: D-12
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