2020 QCCQ 10214, 2020 QCCQ 10214

JJ0494 Protection de la jeunesse — 201920 2020 QCCQ 10214 JJ0494 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” Nos.: 450-41-007295-190 450-41-007296-198 450-41-007297-196 DATE: FEBRUARY 12, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARIE-PIERRE JUTRAS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND [SOCIAL WORKER 2] , duly authorized by the Director of Youth Protection of the CIUSSS A, whose offices are located at [...]; Applicant - and -

X Born on [...], 2015 Y Born on [...], 2013 Z Born on [...], 2012 Children - and – A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] X, Y and Z are 4, 6 and 7 years old, respectively.

They have been living with their mother since their parents separated a year ago.

The father sees the children every other weekend. [ 2 ] The Director of Youth Protection asks the Court to declare the children’s security and development to be in danger based on seven grounds: • The children are neglected physically and with respect to their health and schooling; • The children are exposed to a serious risk of neglect; • The children are subject to psychological ill-treatment; • The children are exposed to a serious risk of sexual abuse; • The children were physically abused by their father. [ 3 ] As protective measures, the Director recommends that the children be entrusted to a foster family for the upcoming year.

Contact between the children and their parents should take place by agreement between the parties, supervised by a third party designated by the Director. [ 4 ] The Director would like to encourage contact between the siblings and the half-siblings at least once a month, for half a day. [ 5 ] All the parties consent to the application. Facts [ 6 ] In this situation, it appears that the parents were given many chances to the detriment of the children’s interest. [ 7 ] The Director accepted a first report on March 29, 2019.

[ 8 ] Three weeks later, before the assessment had even started, the Director accepted a second report concerning neglect in connection with the children’s health and physical needs. [ 9 ] The first surprise visit by the delegate of the Director of Youth Protection to the maternal family environment revealed a completely unhealthy and cluttered environment. There was not enough food for the children. The house reeked of a foul odour. The curtains were drawn. Although it was the end of July, no window was open. [ 10 ] The mother lives with Mr.

C, who was accused of sexually assaulting the son of his former spouse. [ 11 ] Despite the deplorable condition of the premises and the mother’s lack of discernment, the Director agreed to a provisional agreement with the parents. She took the risk of leaving the children in their family environment and trusting the mother, who undertook not to allow her spouse to be in contact with the children. [ 12 ] The mother, who did not see how her spouse could be a danger for her children, disregarded her undertaking. The delegate of the Director of Youth Protection found out.

The children were then entrusted to their father once again as part of a provisional agreement. Contact between the mother and the children was supervised by a third party designated by the Director. [ 13 ] A couple of weeks passed. Y showed up at school with a mark on his eye. He confided in the school personnel that his father had hit him with a wooden spoon. [ 14 ] The children were then entrusted on an urgent basis to a foster family, which the Court would maintain until the hearing on the merits of the application for protection. The children [ 15 ] Y has major behavioural problems.

He throws repeated tantrums. He is sometimes violent towards his mother. He is believed to have an attention deficit disorder with or without hyperactivity (ADHD). He has no limits with strangers. He had to repeat kindergarten because he did not understand instructions. He has a global developmental delay and may be suffering from an intellectual disability. His speech is not clear. [ 16 ] Z has difficulties at school. He throws objects at his classmates. He does not listen to instructions. He speaks very little.

He also confirmed that his father hits him with a wooden spoon. [ 17 ] X lacks stimulation and routine. He also confirmed to his foster family that his father slaps them or hits them with a wooden spoon on their buttocks. He has gross motor delay and delayed language. He needs the services of an occupational therapist and a speech therapist.

At the foster family, he quickly became toilet trained. [ 18 ] Unlike his two brothers, Y has difficulty integrating into his foster family and they finally asked that he be moved. [ 19 ] The Court orders that Y be assessed for an attention deficit disorder with or without hyperactivity (ADHD) to help his new foster family meet his needs. [ 20 ] Currently, Y and Z are reluctant to go and visit their parents. In the next order, the Court invites the Director to be vigilant in assessing the need for these two children to continue seeing their parents.

The mother [ 21 ] The mother’s problems are significant and chronic. To date, she has taken little action to remedy the situation. [ 22 ] The mother’s understanding seems limited. [ 23 ] She has panic attacks. Her psychiatrist diagnosed her with a dependent personality disorder and suggested group follow-up. [ 24 ] The mother is now pregnant by her former spouse Mr. C. [ 25 ] She participates in the program offered by Parent-Aise but does not follow the recommendations. [ 26 ] The evidence establishes that the mother has not been able to ensure the children’s medical follow-up.

She is disorganized. [ 27 ] After Mr. C left, the mother returned to live with the children’s father. During a conflict, the father tried to strangle her. She ended up in the hospital. [ 28 ] The mother is currently housed in a shelter for women who have been victims of domestic violence, where she has not made much effort to find an apartment. [ 29 ] The Director monitors the mother’s older son, born from another union. He has been entrusted to a rehabilitation centre for several months.

The mother already had questionable parenting skills with her eldest. [ 30 ] During supervised visits, the mother is present in body but not always in spirit. She often stares into space. She has difficulty supervising her children. [ 31 ] The mother is still awaiting mental health follow-up care from the local community service centre (CLSC). She goes to the Maison de la famille to take

part in a self-help group and attend individual meetings on occasion. [ 32 ] The mother benefits from the OLO (oeufs-laits-jus d’orange) support program.

The father [ 33 ] The father admits having hit Y on his hands once. [ 34 ] The father talks a lot but there is little action. He contacted the Seuil A organization but did not follow through. However, he applies the advice received during visits.

The father is affectionate but does not supervise his children. [ 35 ] The evidence reveals that the parents have a lot to do over the next year to remedy the situation of endangerment. [ 36 ] The Director has proved, on a balance of probabilities, all the grounds of endangerment she alleges. [ 37 ] The protective measures proposed by the Director, agreed on by all the parties, respect the demonstrated interests of these three children.

FOR ALL THESE REASONS, THE COURT: [ 38 ] GRANTS the present application for protection; [ 39 ] DECLARES that the security and de development of the children X, Y and Z are in danger for the following reasons : • 38 b) 1 i) (physical neglect); • 38 ) 1 ii) neglect concerning healthcare; • 38 b) 1 iii) neglect on the educational level; • 38 b) 2 serious risk of neglect; • 38

c) psychological ill-treatment; • 38 d) 2 serious risk of sexual abuse; • 38 e) 1 physical abuse. [ 40 ] ENTRUSTS the children X, Y and Z to a foster family; [ 41 ] TAKES NOTICE of the Director’s intention to clarify a long-term plan for the children X, Y and Z during this period; [ 42 ] AUTHORIZES in the children’s X, Y and Z favour, contacts with their parents, supervised by a third party designated by the Director of Youth Protection, upon agreement and according to the modalities set with the Director of Youth Protection.

Failing agreement, the contacts will take place one a week, for a period of one and a half hour for each parent on the condition that the parent participate to a meeting with the delegate before the next contact and that they confirm their presence 24 hours in advance; [ 43 ] AUTHORIZES the possibility of lifting the supervision according to the evolution of the situation; [ 44 ] TAKE NOTICE Director of Youth Protection intends to encourage contacts between the siblings and half siblings at least once a month for half a day; [ 45 ] PROBITS all contacts between Mr.

C and the children X, Y and Z; [ 46 ] ORDERS that the children X, Y and Z receive specific healthcare and health services particularly for Y, an evaluation for an attention-deficit hyperactivity disorder (ADHD); [ 47 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or in their children’s X, Y and Z regards to put an end to the situation in which the security or development of the children X, Y and Z are in danger; [ 48 ] ORDERS that the children X, Y and Z and their parents take an active

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan and the social follow-up; [ 49 ] RECOMMANDS that the mother continue with her efforts to get help regarding her personal difficulties and that she follow the recommendations of the professionals; [ 50 ] ORDERS that the parents keep the Director of Youth Protection informed regarding any changes in their personal situation; [ 51 ] ORDERS that the children X attend a childcare establishment (or daycare); [ 52 ] ORDERS that the children Y and Z attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 53 ] ORDERS that a person, working for the Director of Youth Protection of the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children X, Y and Z and their family for a period of one (1) year from February 12 th , 2020 ;

[ 54 ] ENTRUSTS the children X, Y and Z to the Director of Youth Protection to see that the measures are carried out. [1] Signed on April 9 th , 2020. ___________________________________ Marie-Pierre Jutras, J.C.Q. Mtre Me Idil Omar Abdi Counsel for the DYP Mtre Marco Pierre Caza Counsel for the children Mtre Céline Gallant Counsel for the mother Mtre Karolanne Bonin Counsel for the father Date of hearing: February 12 th , 2020