2020 QCCQ 12522, 2020 QCCQ 12522

Protection de la jeunesse — 208259 2020 QCCQ 12522 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 640-41-002480-207 640-41-002484-209 640-41-002481-205 640-41-002485-206 640-41-002482-203 640-41-002486-204 640-41-002483-201 640-41-002487-202 Date : October 21, 2020 PRESIDED BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q.

IN THE SITUATION OF: X, born on [...], 2006 Y, born on [...], 2008 Z, born on [...], 2010 A, born on [...], 2011 B, born on [...], 2015 C, born on [...], 2016 D, born on [...], 2017 E, born on [...], 2019 Children and [SOCIAL WORKER 1] and [SOCIAL WORKER 2], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicants

and F G Parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (CQLR c. P-34.1 ) ______________________________________________________________________ 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 ] 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 October 21, 2020. [ 2 ] The Director of youth protection (DYP) submits to the Court eight (8) motions asking that the security and development of the children be declared in danger in regards of neglect in educational needs, (poor supervision of the children and poor child care, in the parental environment) psychological ill-treatment (exposure to domestic violence caused by the father) and for serious risks of neglect ( substance abuse by the parents) according to

section 38 b)1) iii,

c) and b) 2 of the Youth Protection Act . [ 3 ] Consequently DYP asks the Court to entrust Y (Y), A (A), Z, and X under the care of their mother, and to entrust E, D (D), B (

B) and C (

C) to a foster family, with a gradual reintegration under the care of their mother, as well as other measures to resolve the situation. QUESTION IN LITIGATION [ 4 ] Are the security and development of the children compromised, and on which grounds? In the affirmative, do the recommended measures answer their needs and are they in their best interest?

CONTEXT AND ANALYSIS [ 5 ] The mother is present, as well as X and Y, and the father is absent, but his lawyer is present. [ 6 ] The worker [social worker 3] testify on behalf of the DYP. [ 7 ] The parents recognize the grounds of endangerment, the father agrees with the recommendations of the DYP, the mother agrees with the recommendations for the four (4) older children but disagree with the placement of the four (4) youngest. [ 8 ] DYP is involved with the family since 2013, because of the dynamic of conjugal violence and alcohol consumption. [ 9 ] The security and development of six of the children (X, Y, Z, A, B and

X) were declared compromised in 2016, in regards of sections 38

c) and e) 2. [ 10 ] Voluntary measures were signed in February 2020. During those measures, the DYP had to intervene as the parents did not apply the protectives measures. [ 11 ] The proof reveals that around February 2020, the family situation has gotten more serious. The parents both display alcohol related issues, the father hits Y with a hockey stick, and with an IPad.

As of March 23rd, the father has conditions not to be at the family household. [ 12 ] On July 10th, the family exploded during an episode of conjugal violence, in the presence of the children, and on July 17th, the four (4) younger children were placed in a foster family in Town A, and the four (4) older were entrusted to the paternal grandmother in Town B. [ 13 ] That same day, mother was voluntarily Medevac to Town A because she was very emotional.

[ 14 ] On July 18 th , the four (4) older children were sent to Town A under the care of their maternal grandmother, waiting for their mother to be discharged from the hospital. [ 15 ] On July 24 th , the father was intoxicated in the presence of A and Z He left with the two boys, while he was intoxicated and was driving under the influence. [ 16 ] Mr. G had a prohibition of contacts with the mother and Y, and criminal condition not to go in Town B, nor to come in contact with the mother in any way. He lives in Town A. [ 17 ] At the hearing of September 8, 2020 , the Court proceed under

article 76.1 in the absence of the mother who was that morning intoxicated. [ 18 ] On September 11, 2020 the mother was intoxicated at the nursing station and the children were looking for her all day long, as they did not know where she was. [ 19 ] X is fourteen (14) and he attends school. He used to take care of his siblings with his brother Y. He arrived in Town A on July 17 th . After arriving in Town A, he was unstable and he had to be moved to three (3) different foster families, and since August he was in the family of Mrs.

H, with his mother. [ 20 ] He seems to assume his role as an adolescent and he spend more times with his friends and girlfriend. This makes his siblings more vulnerable when parents are intoxicated. This adolescent is very mature for his age, and he can protect himself from dangerous situations. [ 21 ] Y is eleven (11) years old, he attends school. He is a very discreet young boy and very mature, as he is used to take care of the younger siblings with his brother X. He takes special care of the two babies D and E. He should enjoy his childhood and leaves the responsibility of his siblings to his parents.

He wishes to go live at his paternal grandfather with X. [ 22 ] He voluntarily spent a week end in a group home, following a crisis intervention. He mentioned to the worker he is afraid of his father following the event of July 10 th , since the family situation exploded. Y understands well the situation and he is able to name the consequences of his parent’s issues. He also can protect himself from potential dangerous situation. [ 23 ] Z is a ten (10) years old boy, who attends school, and is comfortable with adults. [ 24 ] A is an eight (8) years old boy who attends school and seems to develop normally.

He does not understand clearly the situation as he is too young to do so. [ 25 ] Since Y, Z and A arrive in Town A they had to move in three (3) different foster families. Since August 8 Th they remained in the family of Mrs. I with their mother. [ 26 ] B is an energetic boy of five (5) years of age who attends kindergarten. He has a strong bound with his siblings and especially with C, as they play together. He is placed with him in the same foster family but they ask to see their siblings more than they ask to see their parents. This child reacts positively to the contacts with his mother.

He needs constant surveillance and needs to be nurtured by responsible adults. [ 27 ] C , is four (4) years old, and does not attend daycare. He has strong bound with his siblings and especially with B. This child reacts normally to his placement and positively to the contacts with his mother. [ 28 ] B and C were back under their mother’s care on August 24 th . [ 29 ] D is a young girl of two (2) years old. She is born with multiple handicaps and special needs.

D was hospitalized in Town C under intensive care, because she needed a cardiac surgery to implant a pacemaker that occurred in December 2019. [ 30 ] Since she has been in Town C for long time she seems to understand what adults are saying when they speak English. She came back to the family on November 8, 2019. [ 31 ] When she arrived in Town A, on July 17 th , she was entrusted to a foster family. From August 12 th , she was entrusted to a specialized foster home in Town A, and her hearth problem seems to be fine.

This baby is highly vulnerable due to her age and hearth malformation, and depends totally on her parents for her well-being, needs and medical follow ups. [ 32 ] E is a year (1) old child, born prematurely. He needs special cares because he was born without an anus. He came back to the family on October 29, 2019. [ 33 ] On November 15, 2019, the baby was not gaining weight, and he was entrusted to a foster parent in Town C, in order to stabilize his health condition, under a provisional agreement of the family.

The child finally came back to the family after thirty days, and the parents neglected his medical follow up. The parents started to insure regularly the follow ups of the baby on December 30, 2019 and the nurse confirmed the situation of E is in control since then. [ 34 ] From August 28 th , he was entrusted to a specialized foster home in Town A. At his first night in the foster family, he did not show any signs of attachment, and does not react to his parent’s presence. He was amorphous and apathetic to his new environment. [ 35 ] Presently this child is attached to his brothers and sister.

He is looking for physical contacts with them, and he is smiling at his mother.

[ 36 ] On August 24 th , D and E were fully reintegrated with their mother. [ 37 ] While E and D were at the children’s hospital in Town C, mother was found intoxicated three (3) times in September 2019. The father was never seen intoxicated by the medical team. He was participating well for the cares of the children. [ 38 ] All the children witnessed the conjugal violence events and the alcohol intoxication of their parents. They need reliable adults to provide them with all their needs.

They need to be nurtured, and they have the need and the right to live in an environment free of alcohol and violence. [ 39 ] Since mother’s arrival in Town A, she actively works on her parental abilities and as the worker says previously “she is doing everything she can to regain custody of her children.

She is doing more than asked: she has serious follow up with the Social Services and the addiction program, she participates and is active during all the visits with her children, she is open to coaching regarding her parental skills, she asked questions to the worker in order to improve herself and her situation, and she is extremely collaborative”. [ 40 ] The mother agreed to follow a new program at the Social Services, call “Wise Choices”, notably to reduce her consumption. This program will begin on October 26, 2020.

In the meantime, she started a follow up with the Social Services to improve her parental capacities and regarding her alcohol issues. [ 41 ] It is impressing to see how the mother, was able to manage her life to be able to take good care of her eight (8) children.

She had already made good choices in trying to stop her alcohol consumption. [ 42 ] It was explained that the gradual reintegration of the younger ones will begin as soon as possible according to the restrictions due to COVID-19, because D and E, as they receive health care in Town C, they have to remain in quarantine when they come back, and as mother will begin a new program at the end of this month. [ 43 ] Then the mother mentioned that she agrees with the recommendations. [ 44 ] Hopefully she will reach her goals and be a role model for her children. [ 45 ] As for the father, he recognized his anger management problem. [ 46 ] The external educator pointed out in his complementary report that the mother is very involved in her children’s life.

As for the father he mentioned that his alcohol consumption was less than the one of the mother and that he was the main caregiver for the children, when he was living with them. He took his distance when the children were removed. [ 47 ] There are no doubt that the parents, when sober, are showing very good parental skills. The mother’s alcohol consumption has been very harmful for the two youngest children and jeopardised their health situation.

The father’s violence issues had an important impact on the siblings. [ 48 ] The Foster Family of the youngest children have recently moved to Town B, and since then, the contacts with the mother and with the siblings are easier. [ 49 ] The objectives of DYP is for the parents to address their personal issues, and work on their relationship. [ 50 ] The parents must understand that it is not the role of X and Y, to take care of their younger siblings. [ 51 ] The maternal family lives in Town A and they are available to help the mother, in case of emergency. [ 52 ] The paternal grandparents who are in Town B, can be mobilized if needed. [ 53 ] 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 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: [ 54 ] GRANTS the application; [ 55 ] DECLARES that the security and development of the children are compromised in regards of neglect in educational needs, (poor supervision of the children and poor child care, in the parental environment) psychological ill-treatment (exposure to domestic violence caused by the father) and for serious risks of neglect ( substance abuse by the parents) according to

section 38 b) (1) iii,

c) and b) (2) of the Youth Protection Act , [ 56 ] ENTRUSTS Y, A, Z, and X under the care of their mother; [ 57 ] ENTRUSTS E, D, B and C, to a foster family chosen by the institution operating a child and youth protection center; [ 58 ] AUTHORIZES a gradual reintegration of E, D, B and C, under the care of their mother as soon as the situation allows; [ 59 ] ORDERS DYP to make unannounced visits at mother and until the end of the measure; [ 60 ] ORDERS DYP to prepare a safety net plan with the mother; [ 61 ] ORDERS that the children of school age attend a school;

[ 62 ] ORDERS that all the children receive specific health care and services such as medical follow up and dental follow up (C), and the specialized health services required by their situation, especially regarding D and E ; [ 63 ] ORDERS that the contacts between the children and their parents be determined by DYP as for the modalities, the frequency and the degree of supervision; [ 64 ] ORDERS the parents to report periodically to the director 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 or development of the children is in danger; [ 65 ] ORDERS the parents to take an active

part in the application of the measures ordered by the tribunal; [ 66 ] ORDERS the parents to report in person, at regular intervals, to the DYP to inform him of the current situation; [ 67 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the children; [ 68 ] ORDERS the parents to seek help through the Social Services regarding their alcohol and personal issues; [ 69 ] TAKES JUDICIAL NOTICE that the mother will begin a new program at the end of this month; [ 70 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 71 ] ENTRUST the situation of the children to the DYP who shall then see that the measures are carried out; THE WHOLE , until October 31 st , 2021. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Me. Karianne Asselin Counsel for the Director of Youth Protection Me. Geneviève Lucas Counsel for the children Me. Angèle Tommasel Counsel for the mother Me. Cassandra Neptune Counsel for the father