2019 QCCQ 16138, 2019 QCCQ 16138

Protection de la jeunesse — 1910413 2019 QCCQ 16138 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002293-196 DATE: August 6, 2019 (written judgment rendered on November 27, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized person by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2019, are endangered according to paragraphs (b) (1) iii. and (b) (2) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks the Court to entrust the child to a foster family with reintegration with the parents if the situation allows for it, until August 31, 2020. Position of the parties [ 3 ] The mother is present and represented by Me Tommasel. She admits most of the allegations, and she agrees with the recommendations. [ 4 ] The father is present and represented by Me Mocanu Culuri. He admits most of the allegations, and he agrees with the recommendations. [ 5 ] X, who is 5 months old, is absent, but represented by Me Boudreau.

The child’s lawyer has a legal mandate and at the end of the hearing, told the Court that the security and development of the child should be declared endangered and the measures proposed by the DYP should be granted. History of the situation [ 6 ] On April 1, 2019 , a provisional order was rendered and the child was entrusted to a foster family. [ 7 ] On April 26, 2019 , another provisional hearing was rendered and the status quo was maintained. [ 8 ] On May 17, 2019 , because of the lack of time to proceed, the Court maintained the status quo and postponed the hearing in August 2019.

Facts [ 9 ] The family has been well known from the DYP since 2010. The five other children of the family received services and are entrusted to foster families. The two youngest are entrusted until their majority. [ 10 ] The parents’ alcohol consumption and conjugal violence issues are the reasons motivating the intervention. The father was detained many times for assault on the mother.

[ 11 ] Although the mother completed [Centre A]’s Program on two occasions, she still displays alcohol issues, but she is able to improve her situation every time the father is detained for a long period of time. [ 12 ] On November 8, 2018, the mother was arrested and detained while intoxicated. Because she was pregnant, and a baby alert was signalled. [ 13 ] The mother gave birth to her son X on [...], 2019. The day after, the father was released from detention as scheduled.

A few days later, the mother was found intoxicated and the father was taking care of the baby with a beer in his hand. [ 14 ] The DYP worker did not know if the father had conditions regarding communication with the mother, as the father refused to give him the authorization to communicate with his parole officer. When questioned by the Court, the DYP worker admitted he was not aware that those conditions were not confidential. [ 15 ] Mid-March, the parents were met. It was asked that they suggest someone who would serve as a safety net for the baby. They submitted that an aunt would be present at home.

She was there for a few days, but left without notice. The baby had to be entrusted to a foster family. [ 16 ] On April 1, 2019, a provisional order was rendered, and the child was entrusted to a foster family. [ 17 ] Between April and May 2019, multiple events of conjugal violence occurred between the parents. The situation was deteriorating rapidly. [ 18 ] In June, some sleepovers were authorized, but were then cancelled as the parents were intoxicated. [ 19 ] On July 22, the mother called the DYP worker. She was crying.

The father would have ended the relation as he had another girlfriend in City A, and said he did not want to be involved in X’s life. Finally, by the end of the day, the parents were drinking together. [ 20 ] On July 23, the DYP worker met the parents, who had consumed a lot the prior night. They said that it was the last time, and planned to enter [Treatment Centre A].

The mother recognized that the conjugal relationship was a toxic one, but she refused to break up, even if she is conscious that this relation is one of the principal reasons for the placement of her children. [ 21 ] On July 26, another violent conjugal event occurred, and the mother was hospitalized. On July 29, the parents started a follow- up with the Social Services to register at [Treatment Centre A]. [ 22 ] Finally, the father was arrested and detained, but as the mother refused to press charges, he was released. Both were intoxicated.

When questioned about her intention, the mother said she was very ambivalent regarding her relationship. [ 23 ] At the hearing, the father was detained again in City B, waiting to be transferred in City C. His lawyer went to see him at the police station, and he accepted to come to the Court house.

He was present for the beginning of the hearing, but after the lunch break, he decided to take the plane to go down South, even if he was informed that the Court could make him travel the day after. [ 24 ] The DYP worker testifies that the mother generally exercises her accesses, except if she is intoxicated or injured. She collaborates with the services and recognizes being in an abusive relationship.

According to the DYP worker, for now, the mother’s main issue is her toxic relationship. [ 25 ] For now, X is entrusted to a non-Inuit family who clearly mentioned not being interested in fostering the child until his majority. The DYP is looking for an available, long-term basis foster family if a reintegration with the mother is not possible in order to avoid multiple displacements. [ 26 ] The mother testifies and admits that she does much better when her spouse is not there. When she is alone, she is able to take care of her children. When he is there as he consumes, she also consumes, and he becomes violent.

The relationship has been the same from the beginning, for the last 12 years. [ 27 ] She said that she has decided to end the relationship. She sees that the family situation always follows the same pattern. He is released, and after only five months, he is detained again. [ 28 ] She is able to see her baby every day and plans to exercise her accesses. She also wants to go back to [Centre A] with her baby. She feels she needs the program once more, and she also knows that when in City D, she won’t feel pressure from her spouse.

When she ever refused to go to [Centre A], it was because the father promised to change and to help her get the children back, but he did not respect his promise. She does not want her baby to be entrusted as are the five others. [ 29 ] She says that today, she has more evidence of his lack of collaboration, as he preferred going to City C instead of staying here to support her in her request. [ 30 ] The mother is sad to see that her young daughters could be entrusted until majority down South.

She fears that when her children are older, they won’t be able to connect with their family, and they won’t have an attachment with them. She recognizes her mistakes, but she loves her children nonetheless, and she will always love them. She is very scared to lose them. She is not able to see her children leaving anymore. [ 31 ] The mother spoke with family members who mentioned being available to foster her two youngest daughters.

Unfortunately, they are in Montreal for a vacation, therefore not present at the Court to testify to that effect. [ 32 ] The mother has been a prenatal worker at the hospital for nine years. She is now on maternity leave. She would like to use this time to meet with Social Services before going to [Centre A].

[ 33 ] She is financially independent and she was the only one with a job in the household. The mother pays for everything (rent, food, etc.). Analysis [ 34 ] As admitted by the parties, the evidence shows that the situation of X is endangered because of his parents’ alcohol consumption and conjugal violence issues. [ 35 ] The father is detained and does not plan to have the children back under his care in the near future. [ 36 ] The situation of the mother is not an easy one. For the last 12 years, she has stayed in a toxic and violent relationship.

She is able to regain some form of stability each time the father is detained. Today, the placement of her two youngest daughters is requested, and she really feels that she needs to take drastic steps. [ 37 ] She is scared for her daughters. She is also scared for her baby, and wants to be sure that he won’t have the same childhood as the others. [ 38 ] She realizes that everything that happened in her life is due to her toxic relationship. She was hospitalized many times because of injuries.

Her children were placed in foster families and moved from one to another because of the parents’ relationship. [ 39 ] She seems to realize the seriousness of the situation, and she is able to name the origin of her difficulties. The Court encourages her to continue in this path, but told her that it wouldn’t be easy. The risk that the father comes back when he will be released is present.

The further risk that she gets back with him is high. [ 40 ] The Court also told her that her desire to enter [Centre A] to be far from the father is not a good reason to attend a therapy, but the Court understand her needs. [ 41 ] The mother will have to be supported with her desire to change her way of life. The DYP will have to be present to accompany her through difficult changes, as it is always easier to remain in the same pattern.

Changes are challenging, and require a lot of energy and willingness. [ 42 ] The mother deeply loves her children, and the Court is convinced that, if she is well supported, the mother will be able to achieve her goals. [ 43 ] X is very young. He is well taken care of by his current foster family, but they are not available on a long-term basis. The Court reminds the parties that this is not the objective. The objective of the YPA is to put an end to a situation in which the child is endangered. The mother demonstrated her willingness to change.

She will have to be supported in order to achieve that, and even if her other children are entrusted, the Court has to give her the opportunity to resume the care of her baby. [ 44 ] The mother plans to attend [Centre A] with her son. There is no reason to deny this request. She has to be encouraged in this process, and it would be the best opportunity for her to address her issues while developing strong bonds with her baby at the same time. FOR THOSE REASONS, THE COURT: [ 45 ] GRANTS the application; [ 46 ] DECLARES that the security and development of the child X, born on [...], 2019, are endangered under

section 38 (b) (1) iii. and (b) (2) of the Youth Protection Act ; [ 47 ] ENTRUSTS X to a foster family chosen by the institution operating a child and youth protection centre with a reintegration with the mother as soon as possible. [ 48 ] If the mother enters [Centre A] Mother and Child Program, ENTRUSTS X under her care as soon as [Centre A] can accept him. [ 49 ] If the mother leaves the therapy without having completed it, ORDERS that the child be entrusted back to a foster family until the reintegration with the mother is possible; [ 50 ] ORDERS that X benefit from daily contact with his mother; [ 51 ] AUTHORIZES the Director of Youth Protection to refuse access with X if the mother does not respect the prohibition to be intoxicated in his presence; [ 52 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between X and his father be determined by the Director of Youth Protection; [ 53 ] ORDERS that contacts between the child and his siblings be favoured; [ 54 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 55 ] ORDERS that the parents report in person or by phone, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 56 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child;

[ 57 ] STRONGLY RECOMMENDS that the mother seek help through the Social Services or other resources in the community ([Centre A] after care program, AA meetings, etc.), or Therapy Center concerning her alcohol and personal issues; [ 58 ] RECOMMENDS that the father seek help through the Social Services or other resources in the community concerning his alcohol and anger management (violence) issues, once he is released from prison; [ 59 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the family; [ 60 ] ORDERS the police to collaborate to the execution of the enactment; [ 61 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 62 ] THE WHOLE until August 6, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Caroline Daniel, attorney for the Director of Youth Protection Me David Boudreau, attorney for the child Me Angèle Tommasel, attorney for the mother Me Ana-Maria Mocanu Culuri, attorney for the father Date of hearing: August 6, 2019