2018 QCCQ 20394, 2018 QCCQ 20394

Protection de la jeunesse — 1811620 2018 QCCQ 20394 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002153-184 DATE: November 23, 2018 (written judgment rendered on April 12, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2013 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicant and C, residing and domiciled at [...] Mother and D , residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 95 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 revise a decision rendered on February 23, 2018, regarding the child X, born on [...], 2013.

At that date the Court declared the security and development in danger and ordered that the child remain with her mother, with aid, counsel and assistance until February 28, 2019. [ 2 ] The DYP submits that the situation has changed and suggests that the child be entrusted to a foster family until November 30, 2019. [ 3 ] The file was supposed to be heard on November 21, 2018, but because of a lack of time, it was postponed to November 22, and finally was heard on November 23, 2018. The mother was present the two previous days, but was absent on November 23.

Me Tommasel represents her, had the opportunity to obtain her position and is able to proceed on her behalf. The mother admits all the alleged facts, recognizes that the security and development of her child are in danger and she agrees with the measures. [ 4 ] The situation is the same for the father. Me Léonard has his position. He admits some of the allegations and agrees with the recommendations. [ 5 ] X who is 5 years old is absent, but represented by Me Neptune.

After hearing the evidence, she indicates that the situation of the child is still in danger and the measures should be ordered as recommended. [ 6 ] The situation of her sister Y is also submitted to the Court. Historical situation [ 7 ] On February 23, 2018 , the situation of the two girls was submitted to the Court. It was alleged that Y was sexually abused by her father in presence of X. In November 2017, while the mother was intoxicated, she fights with her cousin. She had to be hospitalized and following that she tries to commit suicide in front of her daughters.

In July 2017, the father was arrested for the sexual assaults on two other children. The evidence showed that X and Y have inappropriate sexual behaviour. They are scared about their father. The mother offered a good collaboration, and was able to answer the children’s needs. The Court declared that the security and development of X were in danger [1] , and the child was entrusted to her mother.

The Court ordered that the contacts between the child and the father could occur only if the father benefit from a minimum of three meetings with the DYP worker, the whole until the end of February 2019. [ 8 ] On November 2, 2018 , the child was entrusted to a foster family under

section 47 of the YPA, and on November 8, 2018, the child was maintained in a foster family on provisional measures. Facts

[ 9 ] The mother was in relation with Mr. E. The mother has the custody of her two daughters, X and Y and Mr. E has also custody of his two daughters, Z and A. [ 10 ] After the last order, the DYP plans to organize the contacts between the children and the father, but the father went to only one meeting. On their side, the mother and the children receive follow-up regarding the sexual abuses. [ 11 ] On May 19, 2018, the mother told the DYP worker that Y has inappropriate sexual behaviours and the mother felt overwhelmed.

She also mentioned that her daughters are scared about her new spouse since they witnessed an event of conjugal violence between them. Finally, she said that it’s difficult for her to always say “no” to her daughters when they ask to see their father. [ 12 ] At the beginning of June, while the mother was pregnant, the DYP was informed that she had consumed in the presence of her two girls. [ 13 ] During the summer, the children are frequently at their paternal grandparent’s place. The father comes frequently to see his parents.

The DYP make sure that the grandparents are aware of the Court order and engage themselves to supervise the situation. [ 14 ] On [...], 2018, B was born and a baby alert was done because the mother consumed during the pregnancy. After the birth, the mother had to go to Montreal for medical reason for B and nothing was organized for the children X and Y. Finally, they were entrusted few days to their maternal grandmother in City A. [ 15 ] In August 2018, a decision forbids the father to be at his parent’s place.

Following that he moved to City B. [ 16 ] On September 11, 2018, the mother brought B to the nursing as he was shaken by Mr. E and she disclosed that it was not the first event of violence on children from the part of Mr. E. B has a broken rib as result of the shaking. [ 17 ] On September 13, 2018, the mother went to a woman's shelter with B and one of his siblings. She went back in City C on September 27, and get back in relation with Mr. E.

She said that she will make sure he will never be alone with the children. [ 18 ] On October 11, 2018, the father was back in City C after being arrested in City B for illegal alcohol distribution. [ 19 ] On October 16 and 23, 2018, the mother reiterates that the children are victims of physical abuses from Mr. E and that she is scared of him. She explains that on September 11, 2018, she drank some beers to find the courage to tell him that the relation was over.

He became angry and shook the baby. [ 20 ] On October 25, 2018, as the mother informed the DYP that the plan for the supervision of the access between B and Mr. E does not work and she expresses the wish to get back with him, the DYP took immediate protective measure and entrusts the child to her paternal grandparents. [ 21 ] On November 8, 2018, an application for provisional measures was fixed for hearing. The day before, Mr. E beat the mother who was medevac to Montreal for appropriate medical care (cranial trauma with blood in the brain, bite mark, fractured arm, a black eye and bruises all over the body).

At that date, the Court entrusted the child to a foster family. [ 22 ] X is developing well. She suffered few ear infections and is waiting for an appointment with a specialist. She has very strong bonds with her mother and her paternal grandmother. [ 23 ] The DYP indicated that the mother suffered from many traumas and she attempted few times to her life. She still has important difficulties and need to receive help. Despite those difficulties, she is able to take care of her daughter and to seek for help when she needs.

The mother agrees to undergo to the psychological evaluation suggested by the DYP. [ 24 ] Since the last provisional hearing the children are living with the paternal grandparents. The children are very attached to them, but the DYP is not convinced that it’s the best place for them, as the grandparents do not recognize the sexual abuses from the part of their son. Analysis [ 25 ] The situation of X is unstable for few months as she suffered from many traumas.

She saw her daughter being abused by her father, she witnesses the consumption of her mother, the violence between her mother and her spouse, and the violence on her little brother. [ 26 ] Fortunately she seems to develop well actually, but the situation will have to be closely monitored. [ 27 ] The situation of the child remains in danger. As measures, the Court agrees with the measures recommended, but insists on the importance for the child to be reintegrated with her mother as soon as possible. At her age the bonds are developing quickly and it’s important to maintain very frequent contacts.

The mother has the parental capacities to take care of her daughter. Now, she has to demonstrate that she is able to protect her and keep her far from any kind of violence. [ 28 ] The mother is invited to continue to closely collaborate with the DYP and to seek help through the Social Services in her community. The children need her and love her. She has to be present and emotionally available for them.

FOR THOSE REASONS, THE COURT: [ 29 ] GRANTS the application; [ 30 ] DECLARES that the security and development of the child X, born on [...], 2013, are still in danger according to sections 38 (b) (2) and 38 (d) (2) and DECLARES that her security is also in danger under 38 (

c) and 38 (e) (1) of the Youth Protection Act ;

[ 31 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 32 ] AUTHORIZES the child’s reintegration with the mother if the situation allows it; [ 33 ] ORDERS that an intervention plan be prepared with the objective of a reintegration; [ 34 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 35 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 36 ] PROHIBITS the contact between the child and Mr.

E; [ 37 ] ORDERS that the parents remain sober in the presence of the child; [ 38 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 39 ] RECOMMENDS that the parents seek help through the Social Services concerning their personal issues; [ 40 ] ORDERS that the child receive services for young children being sexually abused; [ 41 ] ORDERS the foster family to respect all the modalities set by the Director of Youth Protection regarding the exercises of access between the father and the child; [ 42 ] Considering the agreement of the mother, ORDERS that the mother receive a psychological assessment as soon as possible; [ 43 ] ORDERS that the contacts between the child and the parents be supervised by the Director of Youth Protection as for modalities, frequency and degree of supervision; [ 44 ] Considering that the Court anticipates that the child will stay at the grandparents’ place, ORDERS the Director of Youth Protection to clearly establish the modalities of access between the father and the child and to explain those modalities to the grandparents; [ 45 ] ORDERS that before any contacts be organized between the child and the father, Director of Youth Protection will have organized three meetings with him; [ 46 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and the foster family; [ 47 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 48 ] ORDERS the execution of the present judgment by any peace officer; [ 49 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Me Marianne Léonard, attorney for the father Date of hearing: November 23, 2018