2020 QCCQ 11304, 2020 QCCQ 11304

Protection de la jeunesse — 208199 2020 QCCQ 11304 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002288-196 640-41-002292-198 640-41-002291-190 640-41-002287-198 640-41-002286-190 640-41-002290-192 640-41-002289-194 DATE : July 8, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2013 Y Born on […], 2018 Z Born on […], 2017 A Born on […], 2012 B Born on […], 2006 C Born on […], 2006 D Born on […], 2014

Children and [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and E F Parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). INTRODUCTION [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on July 8, 2020. [ 2 ] The Court is seized of seven (7) applications presented by the Director of youth protection (DYP), requesting that the decision rendered on September 5, 2019, be revised and that security and development of the children be declared still in danger as expressed in the motions. [ 3 ] Consequently DYP asks the Court to entrust the children to a foster family, as well as other measures to resolve the situation until January 31, 2021.

QUESTION IN LITIGATION [ 4 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? CONTEXT AND ANALYSIS [ 5 ] Father is present at the hearing, and mother was duly served but she is absent. Both are assisted by a lawyer. [ 6 ] At the last hearing, Y and Z were entrusted to Ms. G and H. [ 7 ] As for D and C, they were entrusted to Ms. I and Mr. J. [ 8 ] Finally, X, A and B were entrusted to their maternal grandmother Ms.

K. [ 9 ] Since the last hearing their situation remains stable. [ 10 ] The children were assessed by a psychiatrist on November 8, 2019, and steps were taken by DYP for them to be assessed and followed by Marie-Vincent. Y and Z [ 11 ] Y is almost two (2) years old. She is healthy, calm easy and curious. The foster mother, Ms. G mentioned to DYP she is developing positively. She had very few contacts with her mother and she rely on the foster mother to be reassured. [ 12 ] Ms. G describes Z who is 3 years old, as needing constant attention from the adult, and developing well when he is reassured by

an adult. [ 13 ] Those children will have to be in another foster family, if the court order entrusts them to a foster family. C and D [ 14 ] Their foster mother, informed DYP that C who is almost 5 years old, improved tremendously, being no more frightened by strangers, and developing a trust relationship with her. She even speak about the sexual abuses she suffered from at home from the part of the father. [ 15 ] D is a little clown of 6 years old. Developing a healthy relationship with her foster mother.

She also disclosed the sexual abuses that occurred in her parental environment. [ 16 ] They saw their mother on face time and those contacts were not positive. [ 17 ] Those two children were assessed by Dr. Beltempo according to the last court order, and due to their age, it was difficult to assess them fully. [ 18 ] He recommends for C an assessment at Marie Vincent, even by virtual counselling. For D, he recommends individual therapy and Art therapy.

X, A and B [ 19 ] They all remain in their extended family, entrusted to their maternal grandmother. [ 20 ] A, 8 years old, and X, 7 years old, attend school regularly and they are respecting the house’s rules correctly. [ 21 ] For B, the oldest who is 13, it is not as easy. She does not respect the rules, she wants to stay at her mother’s house, even when she is out of town. She wants to go back to Town B and when it was explained she could not go back, she gave the name of two family members that DYP was investigating in January 2019. [ 22 ] DYP now intends to entrust her to her aunt Ms.

L. [ 23 ] B A and X were evaluated by Dr. Beltempo. A primary observation is that those children were living in a non-functional family system scheme. He also mentioned that the contacts with the father will have to respect the desire or the lack of desire of each child, their limits and the traumas to which they were exposed. [ 24 ] He mentioned that B has been parentified, and has taken the mother’s place even as father’s sexual partner. He describes her as very closed, like in a shock phase, and recommends immediate counselling . [ 25 ] For A, it is clear for Dr.

Beltempo that the child is afraid and traumatised of his parents. This child remembers being physically abused by both his parents. Dr. Beltempo concludes from his assessment that this child does not have interest in seeing his parents. [ 26 ] Regarding X, the psychologist mentioned she do not recall most of the abuses because her coping mechanism is to ignore or dissociate from the reality. He recommends for her a stable, safe and enriching kind of environment. [ 27 ] The evaluations were done in JANUARY 20, 2020 .

The psychologist mentioned that for all the children , a family intervention therapy, individual counselling and Art Therapy is necessary. Mother [ 28 ] Even if the last court order authorised the mother to have home visits with Y and Z, few ones happened. The last one was on January 6, 2020. [ 29 ] She still presents alcohol consumption issues.

She drinks almost every day. [ 30 ] The contacts between the mother and the children were irregular. [ 31 ] She did not mobilize herself to meet with DYP. [ 32 ] She left in November 2019 to attend an addiction program treatment, but unfortunately, she resumed drinking few days after she finished the program. [ 33 ] She knew that contacts between the father and the children were prohibited but she manage to be with the children on face time, accompanied by the father. [ 34 ] The proof is at the effect that mother cannot be protective for her children.

Father [ 35 ] Two (2) unplanned contacts occurred between the father and his children, in September 2019. [ 36 ] In November 2019, a report of sexual abuse from the father on his step-mother was made and DYP is unable to reach him since then.

[ 37 ] In January 2020, he went with the mother, to Town B, and they both called C and D. Then he came back with the mother in Town A, and he was arrested for a breach of condition because he could not be in Town A. [ 38 ] DYP was informed that B had been in contact with the father. [ 39 ] Since February 2020, he is detained. [ 40 ] The father was assessed by Dr.

Rouleau and the psychosexual assessment reveals that the diagnosis of “pedophile” applies to him, and the contacts with his children will have to be monitored. [ 41 ] He must also undergo a specialised treatment program for sexual deviance and in parallel a treatment for alcohol abuse. [ 42 ] Considering the whole situation of the family, a return of the children with their parents is impossible to foresee in long or mid- term. [ 43 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are still in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 44 ] GRANTS the motions; [ 45 ] DECLARES that security and development of the children are still in danger; [ 46 ] ENTRUSTS the children in a foster family chosen by the institution operating a child and youth protection center; [ 47 ] TAKES JUDICIAL NOTICE that for C and D it will be the foster family of J and I; for X and A, the foster family of their maternal grandmother, Ms.

K, and for B, the foster family of L; [ 48 ] ORDERS that contacts between the children and their mother, be determined by the DYP as for the modalities, the frequency and the degree of supervision, according to their wishes and capacity; [ 49 ] ORDERS that contacts between the children and their father, be determined by the DYP as for the modalities and frequency and be supervised at all time by the DYP or a third party chosen by DYP, according to their wishes and capacity; [ 50 ] ORDERS the parents to report periodically to the DYP on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security and the development of the children is in danger; [ 51 ] ORDERS the parents to take an active

part in the application of the measures ordered by the tribunal; [ 52 ] ORDERS the parents to report in person, at regular intervals, to the director to inform her of the current situation; [ 53 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the children; [ 54 ] ORDERS that the children receives specific health care and services, as recommended by Dr.

Beltempo, as soon as possible ; [ 55 ] ORDERS the parents to seek help at the Social Services, concerning their alcohol and personal issues and follow-ups; [ 56 ] WITHDRAWS from the parents the attribute of parental authority regarding psychological services; [ 57 ] GRANTS the exercise of this attributes of parental authority to DYP; [ 58 ] ORDERS DYP to put in place a life plan for the children; [ 59 ] ORDERS that a person working for an institution or body provide help counselling and assistance to the children and their family, and foster family, including the services of an external educator in the foster families, if necessary and as long as deemed necessary; [ 60 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who shall then see that the measures are carried out. [ 61 ] ORDERS the execution of the present decision by any peace officer if necessary THE WHOLE UNTIL July 31, 2021. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Me Adèle Cyr

Counsel for the Director of Youth Protection Me Cassandra Neptune Counsel for the children Me Angèle Tommasel Counsel for the mother Me Raphaëlle Desvignes Counsel for the father