2021 QCCQ 16002, 2021 QCCQ 16002

Protection de la jeunesse — 217760 2021 QCCQ 16002 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” Nos.: 450-41-007295-190 450-41-007296-198 450-41-007297-196 Date: April 14, 2021 PRESIDING: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection, working at [...]; Applicant - and- X Born on [...], 2015 Y Born on [...], 2013 Z Born on [...], 2012 Children - and- B - and- C Parents JUDGMENT

______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or a child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection (DYP) seeks the review of an order rendered on February 12, 2020, by Marie-Pierre Jutras, J., entrusting the children to a foster family and ordering the clarification of a permanency plan for the children. [ 2 ] On September 9, 2020, however, Y’s situation in his foster family deteriorated, and Pascale Berardino J., ordered that Y be entrusted to a rehabilitation centre. [ 3 ] Today, the DYP argues that Y is making progress at the rehabilitation centre and is now ready to live with a foster family.

As for the two other children, she believes that maintaining them in their foster family until February 2022 would meet their needs and be in their interest. [ 4 ] With respect to contact with the parents, the DYP believes that unsupervised contact can continue between the children and their father. Regarding the mother, the DYP announced that she intends to update the contact to have it take place at the mother’s home and that supervision may soon be lifted. [ 5 ] The father agrees with most of what is proposed for X and Z. However, he would like to have greater access to them.

As for Y, the father believes it would be better that he return to live with him after his stay at the rehabilitation centre so that he can avoid changing schools. Although the father is aware that the task will be difficult, he believes that he can do it, with same help. [ 6 ] The mother believes that entrusting Y in a foster family would be the better option. As for contact with the children, she says she is happy to know that contact will now take place at her home.

She looks forward to the supervision being lifted. [ 7 ] Once all the evidence was presented, counsel for the children stated that the father must stabilize his situation before the return of Y to his care can be contemplated. Counsel argued that the father has just emerged from a period of instability. Given Y’s particular needs, returning him home would be premature. [ 8 ] The Court agrees with counsel for the child for the following reasons. [ 9 ] Here are the Court’s reasons.

Summary of the situation since February 12, 2020, and analysis [ 10 ] X (5 years old) still lives in the foster family of Ms. D and Mr. E, where he is doing well. X needs constant and consistent supervision because he can have outbursts and can be oppositional, especially after visits with his parents. Given his developmental delays, X is enrolled in junior kindergarten at [School A]. He also receives all the medical follow-up his situation requires. [ 11 ] The parents acknowledge that X is doing well in the D-E foster family. [ 12 ] Z (8 years old) has been living in Ms.

F’s foster family since October 2019 and is doing well there. Z has a positive relationship with his foster family, who is able to contain his outbursts. Since he began living with the foster family, Z has caught up on all his academic delays. [ 13 ] Y, for his part, has been living at the rehabilitation centre since September and has made remarkable progress there. The educators believe that he is ready to be placed with a foster family. [ 14 ] Y is still dealing with an attachment disorder and an attention deficit hyperactivity disorder, for which he takes medication. This medication is being adjusted.

Y also has enuresis, which the educators are trying to control by reminding him during the day.

A support system has also been implemented. [ 15 ] Y therefore needs a living environment that is stable and capable of dealing with his challenges. [ 16 ] Can the father provide this? [ 17 ] For the moment, the Court concludes that Y’s needs require a living environment that is more stable than the one the father can offer. [ 18 ] While it should be acknowledged that the father fully respected his undertakings at the beginning, his motivation waned in the fall. [ 19 ] Indeed, until September 2020, the father was very motivated. He wanted to learn to better manage his emotions. He took

part in treatment at [Centre A]. When the worker at the [Centre A] left, the father thought he had dealt with the issue and no longer needed this type of treatment. He felt stronger and decided not to continue any follow-up. [ 20 ] In fact, throughout this first period of intervention, the youth worker believed that the father was really doing well. He could see his progress. [ 21 ] Surprisingly, however, in September 2020, the father’s cooperation deteriorated. He missed appointments. He was no longer

transparent. The youth worker found out about events that happened to the father at the last minute. For example, the father was in an accident with his three children, but he did not tell the youth worker. The father explained that he had told the children’s foster families and felt it was enough since he had evaluated it was a minor incident. [ 22 ] As the Court told the father at the hearing, while a big deal should not be made of a minor incident, the fact that the youth worker was not informed led him to wonder about the actual seriousness of the accident.

Furthermore, because the mother was not informed, she could have found out from the children and pointlessly worried. [ 23 ] It is therefore important for the father to give the youth workers information in a timely manner. [ 24 ] The Court also notes that during the fall of 2020, the father was late for his visits with his children. His tardiness created insecurity in the children. The Court reminds the father that the children have become fragile due to their difficult past.

They need unfailing commitment if they are to gradually start to trust again. [ 25 ] The Court also found out at the hearing that the father had just ended a romantic relationship that had begun in the fall. The Court notes that the period during which the father lived with this person coincides with the period during which he was less cooperative. The father seems to realize that this relationship was unhealthy. Quickly moving in with a woman he did not know well while trying to establish a relationship of trust with his children was not a good idea.

Introducing a new spouse to just as quickly have her disappear from the children’s lives did not meet their needs. [ 26 ] This leads the Court to conclude that it is too early to allow Y to return to live with his father in the short term. The father must show greater stability. [ 27 ] As for the mother, the Court is happy to hear that she has permanently ended her relationship with Mr. G.

Although she speaks with him a few times a week, it appears that this relationship is now in her past. [ 28 ] The Court recalls that the mother suffers from emotional dependency and this has led her to get involved in inappropriate relationships that had impact on the children. The mother tends to trust too quickly. [ 29 ] At the hearing, the Court urged both parents to be careful with any romantic relationships they may begin in the future. It is pointless to introduce the spouse-of-the-moment to the children.

The parents must first ensure that these individuals have a positive outlook and are committed in the long term before introducing them to their children. [ 30 ] The intent is not to prevent the parents from having relationships with people they meet, but to make them aware of the importance of not introducing a partner too quickly to the children. [ 31 ] The children need two stable parents who are entirely focused on meeting their needs. [ 32 ] Currently, the mother needs all her energy to meet the needs of A, her youngest child, whom the Court decided to entrust her with on March 26, 2020.

The mother undertook to keep the apartment tidy and to start serious personal follow-up to conquer the emotional dependency she has been carrying like a millstone around her neck for years now. The mother must not forget her undertakings to the Court. [ 33 ] The Court is counting on the presence of the maternal grandmother and grandfather to support the mother in her efforts to keep A in her care. If the mother successfully maintains A in an environment free of neglect and inappropriate spouses, it will be a great step forward.

X, Z, and Y will also benefit from this better version of their mother. [ 34 ] In closing, since stability must be at the heart of this judgment, the Court suggested to the parties at the hearing that this order be extended to the end of the children’s school year on June 30, 2022. [ 35 ] The Court understood that the parents agreed with this proposal. If new significant facts were to crop up before the end of the term, the Court may review the situation. [ 36 ] For the moment, the proposed measures are in the children’s interest.

FOR ALL THESE REASONS, THE COURT: GRANT the present application; DECLARE that the security and the development of the children X, Y and Z are still in danger for the following reasons : • 38 b) 1°i) (physical neglect): • 38 b) 1°ii) (neglect concerning healthcare); • 38 b) 1°iii) (neglect on the educational level); • 38 b) 2°(serious risk of neglect); • 38 c) (psychological ill-treatment); • 38 d) 2°(serious risk of sexual abuse);

• 38 e) 1° (physical abuse); REVISE the Court order rendered on February 12 th , 2020 for the children Z and X; REVISE the Court order rendered on October 7 th , 2020 for the child Y; FOR X AND Z ENTRUST the children X and Z to a foster family; TAKE NOTICE of the Director’s intention to clarify a long-term plan for the children during this period: AUTHORIZE, in the children’s favour, contacts with their mother, supervised by a third party designated by the Director of Youth Protection, upon agreement and according to the modalities set with the Director of Youth Protection.

Failing agreement, the contacts will take place once a week, for a period of two hours; AUTHORIZE the possibility of lifting gradually the supervision according to the evolution of the situation; AUTHORIZE , in the children’s favour, contacts with their father, upon agreement and according to the modalities set with the Director of Youth Protection.

Failing agreement, the contacts will take place once a week, for a period of two hours; TAKE NOTICE that the Director of Youth Protection intends to encourage contacts between the siblings and half siblings at least once a month for half a day; PROHIBIT all contacts between Mr.

G and the children; ORDER that the children receive specific healthcare and health services, such as follow-ups in ergotherapy, speech therapy, ORL and orthopedics for X, and an ADHD assessment for Z; ORDER that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or in their children’s regards to put an end to the situation in which the security or development of the children are in danger; ORDER that the parents take an active

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan and the social follow-up; ORDER that the parents keep the Director of Youth Protection informed regarding any changes in their personal situation; RECOMMAND that the mother continue with her efforts to get help regarding her personal difficulties and that she follow the recommendations of the professionals; ORDER that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children X, Y and Z and their family until June 30 th , 2022 ; ENTRUST the situation of the children X and Z to the Director of Youth Protection to see that the measures are carried out; FOR Y ORDER that the child Y be entrusted to a rehabilitation center; AUTHORIZE the integration of the child Y in a foster family, as soon as the situation allows ; ENTRUST the child Y to a foster family, when the integration will be completed, for the rest of the present court order; AUTHORIZE , in the child’s favour, contacts with his mother, supervised by a third party designated by the Director of Youth Protection, upon agreement and according to the modalities set with the Director of Youth Protection.

Failing agreement, the contacts will take place once a week, for a period of two hours; AUTHORIZE the possibility of lifting the said supervision according to the evolution of the situation; AUTHORIZE , in the child’s favour, contacts with his father, upon agreement and according to the modalities set with the Director of Youth Protection.

Failing agreement, the contacts will take place once a week, for a period of two hours; TAKE JUDICIAL NOTICE that the contacts between the child and his father are presently semi-supervised; ORDER that the child receives all health and social services that he requires, including a speech therapy and a follow-up with his pediatrician Dr Choker; ORDER that a person, working for the Director of Youth protection of the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child Y and his family until June 30 th , 2022 ; [1]

___________________________________ Lise Gagnon, J.C.Q. Mtre Idil Abdi Counsel for the Director of Youth Protection Mtre Marco-Pierre Caza Counsel for the children Mtre Stéphanie Brard Counsel for the mother Mtre Karolanne Bonin Counsel for the father Date of hearing: April 14, 2021