2013 QCCQ 10272, 2013 QCCQ 10272

Protection de la jeunesse — 133053 2013 QCCQ 10272 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] « Youth Division » N o : 145-41-000417-128 DATE : July 16, 2013 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, J.C.Q. ______________________________________________________________________ X , Born on […], 2003 [SOCIAL WORKER 1] , Petitioner -and- A , B , Parents JUDGMENT [ 1 ] A petition for revision and extension of an order in respect of Y (1999[…]) and X (2003[…]) is referred to The Court by the Director of Youth Protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] JP 2189 In substance, she requires that the children be entrusted at their mother and that the contacts between them and the father be authorized and supervised. [ 3 ] At the hearing, the mother, Mrs A, and Y are present and assisted by their respective lawyer. X is represented too. Mr.

B, the father, is present. [ 4 ] The parties consent of exhibits D-3 at D-9 submitted for the testimony of the author (D-3, psychosocial report by [Social Worker 1], D-4, psychological and parental abilities evaluation report by Kimberly Wilson, D-5, progress report by [Social Worker 4], D-6, progress report by [Social Worker 5] and Kimberly Wilson, D-7, letter from Steve Hutchison, D-8, access and evaluation report by Chantal Bouchard and Orien Maltais, D-9, observation and evaluation report (A Unit open milieu) by [social Worker 2] and [social Worker 3] Also, the parties agree to a common evidence. [ 5 ] The mother and the children admit, for the essential, the situation described at the petition.

However, Y wants to live one week with her mother and one week with her father. Mr. B asks for the same thing. [ 6 ] Concerning X, the youngest girl, her lawyer left to the court to decide. [ 7 ] The court studied the petitioner's exhibits and also heard Mrs. [Social Worker 1], Mrs. A, Mr. B, the father, and Y.

EVIDENCE SUBSTANTIALLY [ 8 ] Both children, Y and X are placed in a foster care since June 2012; [ 9 ] In Mrs. [Social Worker 2] report, the Tribunal learns that : « X has difficulties accepting the adult's role and decision making; oppositional, justifies with, "I don't like being told what to do." When confronted about her behaviour/attitude she blames the system; social services, [A unit]. She will go off ranting and raving, criticizing.

X will not accept responsability for her actions; argues, justifies, blames others (1) . » [ 10 ] Y has 14 years old and she does not seem to present any learning difficulties and should be able to achieve well academically. [ 11 ] X is described as an excellent child. She would not have many needs. [ 12 ] It's clear that the children were victims of neglect by both parents in the past. Mrs. Wilson wrote in her report : « It seems that drugs, violence and neglect were becoming prevalent. (…) Both parents report a past with severe substance abuse (2) . »

Therefore, it is important that the children have access to security, stability and psychological services regarding the issues. [ 13 ] Now, it is the time to rebuilt the relationship between the father, the children and the mother. Cause the children needs a safe

environment and a stable living conditions. [ 14 ] Mr. [Social Worker 5 ]r and Mrs. Wilson wrote at their report about Mrs. A : « the client is responding well to the counseling and she actively participates in her sessions. … … she shows more motivation and determination to become independent and making decisions in the best interest of her children. (3) » [ 15 ] Mr. B, the father, has been cooperative with the services for a certain period of time, but now, he has stopped any cooperation. Nobody seems understand why. Without advice, he stopped to collaborate.

But Mrs. [Social Worker 1] and Mrs. [testify that his mental health is very fragile. [ 16 ] When Mr. B testifies, he presents a great frustration, and his emotions are at a high level. He explains that he is emotive, tired, and that he needs help. It is evident that he struggles with past experience. He talks very loud, he talks about propaganda against him and finally, he tells at court that he's ready for a follow-up about his addiction problem. [ 17 ] In fact, Mr. B is not mentaly and emotionally stable.

In these circumstances, what is the best interest of the children, at that moment. [ 18 ] Does the share custody is in the best interest of Y ? Different considerations established by the Court of Appeal will guide the Tribunal :

a) interest and stability of the child;

b) the capacity of parents to communicate with each other and the absence of conflicts;

c) parental skill;

d) the residence of both parents;

e) the desire of the child;

f) a particular condition unfavourable (4) . [ 19 ] Recently, Mr. Justice Claude Tremblay, citing the author Michel Tétrault : « Si le concept d'intérêt de l'enfant peut apparaître comme un concept aux contours flous, les besoins de l'enfant sont par ailleurs mieux balisés. À ce sujet, nous citons la Cour d'appel qui s'exprime comme suit sur le sujet : les besoins de l'enfant correspondent à des valeurs concrètes, contrairement à l'acception indéfinie de l'intérêt de l'enfant. Le terme besoins a un sens précis.

Il ne s'agit pas d'un espoir lointain, ou d'une probabilité indéfinie ou éventuelle, ou encore de satisfaction des besoins de l'enfant uniquement par personne interposée. Les besoins reposent sur des éléments indissociables telles l'immédiateté et la quotidienneté (5) . » [ 20 ] Even if Y asks for a share custody, the court doesn't believe that is the best way. It is important that the children have access stability. Y says : « … that there are very little rules at home with dad … my dad lets me do whatever I want (6) . »

On the other hand, X is strongly influenced by her father. [ 21 ] Since the last court order (january 2013), Mrs. A has learned and continues to adapt to new skills and technique in dealing with everyday situations of parenting and life stresses. She's sober and she doesn't want to fell again. [ 22 ] Considering the whole evidence, reports and testimonies, the court grants the motion, according to its conclusions, including the modifications made at the hearing; [ 23 ] The Court wishes that Mr. B will cooperate in the future with the Youth protection services. It's the interest of his children.

Also, if the situation evolves in the good direction, the supervised contacts may be stopped, in a short term. [ 24 ] FOR THESE REASONS, THE COURT : [ 25 ] GRANTS the present petition for revision and extension of order; [ 26 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act; [ 27 ] ORDERS that X be entrusted to her mother, A; [ 28 ] AUTHORIZES respite in foster family when necessary; [ 29 ] ORDERS that contacts between X and her father be authorized and supervised by the Director of Youth Protection, if necessary; [ 30 ] RECOMMENDS that X receives a psychological assessment and counselling if deemed necessary;

[ 31 ] ORDERS that X and her parents actively participate in the application of the measures intended to put an end to the situation of endangerment; [ 32 ] ORDERS X and her parents benefit from external educator for the support in parenting, discipline, structure coping and communication skills; [ 33 ] RECOMMENDS that the parents actively participate in a follow-up with an addictions counsellor and in a treatment if deemed necessary; [ 34 ] RECOMMENDS that the parents provide random urine drug testing when called upon; [ 35 ] RECOMMENDS to the parents to actively participate in a psychological counselling to help them to deal with their personal issues; [ 36 ] RECOMMENDS that Mr.

B participate in a psychiatric evaluation; [ 37 ] RECOMMENDS that Mr. B actively participate to a parental evaluation; [ 38 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to X and her family until June 30, 2014; [ 39 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre Jeunesse A for the carrying out of the present measures. _____________________________ DENIS PARADIS, J.C.Q. Me Louyse Andrée Lemieux for the petitioner Me Florence Frappier-Routhier for the adolescent Me Stéphanie Carrier for the mother Mr.

B the father audition date : July 9, 2013