June 3, 2023 | Youth Protection

A New Family Law Precedent:  $25,000 Awarded Neglected Women In The System

In a very unfortunate case, a young Inuit woman endured 10 years of neglect in an unaccredited foster family that she was placed in. Within her foster home, she was subject to a lot of violence and substance abuse. The Director of Youth Protection failed to provide her with follow-up and support, which resulted in her being forced to live in a harmful environment without intervention for 10 years.
It is becoming more common for Quebec judges to acknowledge the violation of children’s rights by social services within youth protection programs. Usually, when children’s rights are violated, the judge will order to change the foster family, to increase child support or even impose that the child be seen by a psychologist. In this particular case, the woman’s attorney decided to set a precedent. She asked for compensation from the DYP. Her attorney did not want to go through a long and costly lawsuit for damages, so she asked for the compensation directly within the Youth Division.
A decision was rendered by the Honourable Judge Peggy Warolin last year (2022) awarding the woman with $25,000 in compensation. This decision has yet to be made public, however, it will be interesting to follow how this precedent will impact future decisions and bring awareness to the lack of accountability of the DYP with respect to neglected children within their programs.
It is important to note that you are the best advocate for yourself and your children.
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