2020 QCCQ 11084, 2020 QCCQ 11084

Protection de la jeunesse — 205564 2020 QCCQ 11084 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-001278-209 DATE : October 22, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2019 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.).

Introduction [ 1 ] The Director is requesting that the Court declare the security and development of the child X in danger for the motives of serious risk of physical abuse, psychological ill-treatment, physical neglect and serious risk of neglect. [ 2 ] As protective measures, the Director recommends entrusting the child to his mother, excluding the father, to authorize supervised contact with the father, according to the modalities and frequency determined with the Director, to authorize the lifting of the supervision if the situation allows it, and proposes that the Court address some recommendations to the parents and orders a social follow-up for a period of one year. [ 3 ] At the hearing held on August 6, 2020, the mother is present and represented by her lawyer.

She is in agreement with the recommended measures. [ 4 ] The father is also present and represented. He asks to be heard on the motive of risk of physical abuse. [ 5 ] He agrees to the recommended measures, but requests two hours of supervised contacts per week. The Director being in

agreement with this minimal frequency, there is no litigation on this request. [ 6 ] The child's lawyer, after hearing the evidence, leaves everything to the discretion of the Court. Questions in Litigation [ 7 ] Is the child’s security and development in danger for the particular motive of serious risk of physical abuse? Brief family history [ 8 ] X is the fourth child of the mother. [ 9 ] Her three other children (5, 7 and 8 years old) are from a previous union with Mr.

C. [ 10 ] These children are receiving services from the Director since 2016 under the motives of physical neglect and serious risk of neglect due to their parents’ instability. [ 11 ] Since then, additional motives of compromission were added: - serious risk of sexual abuse by the mother’s partner, who is X’s father, the latter being convicted of sexual interference with a minor; - psychological ill-treatment for being exposed to X’s father’s violence; - educational negligence by both parents of the three elders. [ 12 ] The family is also known by CSSS services through the OLO and SIPPE programs. [ 13 ] On January 9 th , 2020, the Court rendered an order revising the last decision for the three elder children, maintaining them with their mother. [ 14 ] At the time, X also was with his parents who seemed to have a stable relationship. [ 15 ] Nonetheless, a domestic quarrel in September 2019 had led to the arrest and detention of X’s father for a period of 2 weeks.

The situation of compromission [ 16 ] In March 2020, during school’s Spring break, the three elder children made disturbing comments regarding X’s father, namely that he is mean, yells at them, pulls their hair and that they are scared of him. [ 17 ] The Multisectorial Agreement process was then initiated and X’s situation was signalled to the Director. [ 18 ] When met by the police individually, the children seemed scared and were afraid of reprisals from X’s father. [ 19 ] They also mentioned being exposed to conjugal violence, both verbal and sometimes physical. [ 20 ] At the time, the mother admitted that X's father could yell at the children but denied that he was violent against them. [ 21 ] After denying all the facts, X’s father gave different versions of the events described by the children. [ 22 ] He ultimately admitted yelling at the children, and once having pulled Y's hair by accident, but denied using abusive educational methods. [ 23 ] The parents minimize the conjugal violence although it was witnessed by the three eldest children.

They also deny any possibility of separation. [ 24 ] The Director concluded that the security and development of the children were in danger for the additional motive of physical abuse and seized the Court in revision. [ 25 ] X’s situation was also signalled to the Director for the corollary motive of serious risk of physical abuse and for all the other motives still existing for the three elder that concerned their mother. [ 26 ] On March 12 th , 2020, the Court rendered provisional measures entrusting all the children to their mother, at the exclusion of X’s father. [ 27 ] According to this order, X had supervised contacts with his father. [ 28 ] At that moment, the father respected the order and left the family home. [ 29 ] The father participated in the supervised contacts until the pandemic confinement during which the father used technological means of communication to keep contacts with the child. [ 30 ] Supervised contacts resumed on May 1 st .

[ 31 ] The parents claim to have difficulty finding services to resolve their couple and personal issues.

But verifications demonstrate that services are available in their region. [ 32 ] In his orientation report, the Director adds a motive of compromission for serious risk of neglect due to the father’s drug and alcohol use. [ 33 ] In June 2020, the Director was informed that the father was often seen at the family home. [ 34 ] The delegates made several surprise visits and discovered in a little shed in the family garden, objects that led to believe that the father was staying there. [ 35 ] Among these, there was a pipe to smoke marijuana, empty beer bottles and an XBOX console. [ 36 ] The parents deny the father’s presence at the family home. [ 37 ] The Court is not able to believe their version, especially, when combined with the fact that the father no longer has a domicile because he has lost his apartment. [ 38 ] He actually sleeps in a camper. [ 39 ] Anyway, the father admitted that he often goes to the mother’s place to help her with the house, presumable when the children are with their grandmother. [ 40 ] On July 23 rd , 2020, in the situation of the three older children, the parties came to an agreement that was homologated by the Court. [ 41 ] By this agreement, the mother finally recognized the motive of physical abuse by X’s father.

The measures agreed were to entrust the children to the mother at the exclusion of X’s father. [ 42 ] The reports show that X’s father is a person with an impulsive temper and a criminal history. [ 43 ] During the last episodes of violence, drug and alcohol use were issues that led to criminal behaviour. [ 44 ] Despite the efforts made by the father to diminish and stop his consumption, he remains fragile and has a hard time maintaining his follow-ups. [ 45 ] The father was also not credible in his versions of events regarding the elder children. [ 46 ] In any case, the court already ruled on this issue by the previously mentioned judgment on agreement rendered on July 23 rd . [ 47 ] The mother confirms the couple’s difficulties and other personnel problems among which her own depression [ 48 ] The fact that there is conjugal violence increases the risk of physical abuse and exposes the child to violence, making him even more vulnerable. [ 49 ] In fact, exposition to violence may have different impacts on the child like psychological distress, irritability, hyper vigilance or a feeling of insecurity. [ 50 ] When the Court considers the motive of serious risk of physical abuse, it must evaluate this risk as more than a probability.

There has to be a serious possibility that the physical abuse occurs. [ 51 ] The Court finds that the facts of this case meet this burden.

The measures to put an end to the situation of compromission [ 52 ] The father’s difficulty in controlling his impulsivity, his violence against the mother and events of physical abuse against the other children are sufficient to come to this conclusion. [ 53 ] He needs to address this issue as well as his drug and alcohol consumption. [ 54 ] Despite it all, he is a dedicated father to care for X and his interactions with the child are positive. [ 55 ] Regarding physical negligence, the mother has been working on this issue for the last 4 years with the support of the Director. [ 56 ] Although there is some improvement, the apartment remains cluttered and is not always secure for a young child. [ 57 ] The mother now needs to improve her protective capacity towards herself and her children. [ 58 ] She has difficulty to see the father as a danger to her children. [ 59 ] Despite all her problems, the mother remains a good caregiver.

She involves herself in her children’s care. [ 60 ] Where her collaboration falters is where the father is involved. [ 61 ] She really needs to take steps to break free from his control.

[ 62 ] Considering all the evidence, the Court finds that the Director has met her burden to prove all motives of compromission and that the recommended measure answer the child’s needs and are in his best interest.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the child X are in danger regarding serious risk of physical abuse, psychological ill- treatment, physical neglect and serious risk of neglect; ENTRUSTS the child to his mother, excluding the father; AUTHORIZES , in favour of the child, supervised contacts with his father, by a third party designated by the Director of Youth Protection, according to the frequency and modalities agreed with the Director of Youth Protection. If the parties disagree, the contact will be of two hours per week.

AUTHORIZES the lifting of the supervision if the situation allows it; RECOMMENDS that the father undertake the necessary steps in regards to anger management and substance abuse; RECOMMENDS that the parents undergo couple therapy; ORDERS that the parents participate actively to the measures set forth to end the compromising situation, namely that they maintain their residence in order; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and her family for a period of one year; ENTRUST the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Andréanne Lacasse Counsel for the DYP M e Maryse Pinsonneault Counsel for the youth M e Érica Gosselin Counsel for the mother M e Claudel Vachon Counsel for the father Date of the hearing : August 6, 2020 Last Exhibits deposed: D-4