2018 QCCQ 12624, 2018 QCCQ 12624

Protection de la jeunesse — 183185 2018 QCCQ 12624 JG1900 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No.: 550-41-002752-172 Date: February 28, 2018 ______________________________________________________________________ PRESIDING: THE HONOURABLE LINE GOSSELIN J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection Applicant and X Child and A B In their capacity as 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 ] In August 2017 , the applicant brought before the Court an application under ss. 38 and 75 of the Youth Protection Act , for the protection of X, born on […], 2017. [ 2 ] She suggested that the child be entrusted to a foster family and that various other protective measures be applied for one (1) year. [ 3 ] The reason given was the conjugal violence to which the child is exposed due to the conflicts between the parents and the psychological weakness of the mother, who appears to depend on the father to care for their son. [ 4 ] The parents, who chose not to be represented by counsel, wish to stay together and keep their son with them. [ 5 ] Mtre Claude Dostie was appointed as counsel to the child (s. 80).

He is acting under a legal mandate. [ 6 ] In this context, the hearing on the application for protection began on August 30, 2017, and then continued on September 7 and 15, 2017, and December 19, 2017.

The hearing will end on April 24, 2018. [ 7 ] The Court, however, learned at the hearing on the application for protection held on August 30, 2017, that, according to the mother, the father allegedly put his penis in X’s mouth and that despite the conflict that still exists between them, she has refused to integrate a resource that could help her. [ 8 ] Consequently, considering that the mother’s comments are incredibly perturbing, but not necessarily credible, and that the conflict between the parents continues and that they have found few solutions to prevent and/or stop them from quarrelling when their child is present. [ 9 ] The Court therefore greatly questions what is actually going on in the family home between the parents (beginning of the

testimony of the neighbour, who saw various problematic conflictual situations between the parents), who do not always appear to tell the truth. [ 10 ] That’s why on August 30, 2017 , the undersigned deemed that the evidence adduced was that, on a balance of probabilities, X’s physical security and healthy development are at serious risk if he is maintained with his parents. [ 11 ] From this moment, the security and development of the child are declared to be in danger (the parties’ recourses are reserved on this aspect of the case, for the rest of the hearing). [ 12 ] As for the protective measures, they were ordered only while proceedings are in progress.

X is living with a foster family.

He sees his parents by agreement or, failing that, their contact with him is supervised and subject to other terms. [ 13 ] These measures ordered while proceedings are in progress were continued after the hearings on the application for protection held on September 7, 2017, September 15, 2017, and until December 19, 2017. [ 14 ] On September 27, 2017 , the applicant brought an application before the Court to review the protective measures while proceedings are in progress to make the first and last names and the coordinates of the foster family henceforth confidential. [ 15 ] She raised the following grounds: twice, the father found the mother when she was living in confidential places; the conjugal violence dynamic is serious and significant because the father controls the mother and the parents react impulsively. [ 16 ] The parents contest this application.

The mother sought a postponement as her counsel was not available. The postponement was granted and the hearing on the application was scheduled for October 13, 2017. [ 17 ] On October 13, 2017 , the Court heard the application to review the protective measures while proceedings are in progress and on October 23, 2017, ordered that, in the interest of the child, the name and contact information for X’s foster family be kept from the parents.

The other protective measures while proceedings are in progress were continued until December 19, 2017. [ 18 ] On December 11, 2017 , the applicant brought a second application before the Court to review the protective measures while proceedings are in progress to suspend parent/child contact. The parents, while duly notified and summoned, were absent from that hearing. [ 19 ] That application was granted for the reasons summarized below. [ 20 ] The parents become disorganized during contact with their son in that they raise their voices and refuse to comply with any requests made of them.

Furthermore, they threaten the caseworkers and the November 28, 2017, visit was chaotic (disorganization, screams, the mother attempted to leave with the child, shoved a caseworker, etc.). [ 21 ] Thus, on December 19, 2017, following the hearing on the application for protection, the undersigned upheld her decision dated October 23, 2017, and suspended parent/child contacts until April 24, 2018, last date scheduled to wind up the case. [ 22 ] On February 6, 2018 , the father applied to the Court for a review (the third in X’s file) of the protective measures while proceedings are in progress.

The mother also wants this review to have their son returned to the father, but also to restore their contact with X. [ 23 ] On that date, the hearing was scheduled for February 9, 2018, and then February 14, 2018 , before the undersigned, who heard the case and took the decision under advisement on February 14, 2018. [ 24 ] From all the evidence adduced to date, the undersigned accepts that WHEREAS the mother claims that she was not notified of the application to suspend parent/child contact in December 2017; [ 25 ] WHEREAS the father claims that, since the suspension, he has been strongly affected (even though the applicant informs the parents regularly of the child’s state (e.g. video of his first steps)); [ 26 ] WHEREAS the father now agrees to take steps and begin meetings at [Body A]; [ 27 ] WHEREAS the mother has been receiving services from the CLSC (Mélanie Strmurm, caseworker, distress, anxiety) since early February 2018; [ 28 ] WHEREAS she will begin meetings to improve her parenting skills in April 2018 and to manage her emotions in May 2018; [ 29 ] WHEREAS the parents state that they have conflicts that are no different from those that any other couple may have, usually; [ 30 ] WHEREAS, however, on January 21, 2018, police had to intervene with the parents , who were quarrelling; [ 31 ] WHEREAS the parents agree that they will comply with all the conditions imposed on them during visits with their son and that they appear to be in good faith before the undersigned when they state that they will comply with all that is asked of them; [ 32 ] Consequently, the undersigned deems that, in light of the new facts presented, the decision to suspend parent/child contact may be reviewed. [ 33 ] Yet, WHEREAS the mother’s actions concerning the services she wishes to take

part in are very recent and the father has just now agreed to go to [Body A]; [ 34 ] WHEREAS the couple’s situation remains unstable (the mother claims that she leaves for Town A when things break down),

while another police intervention took place during a quarrel they had in January 2018; [ 35 ] WHEREAS X knows his parents, with whom he lived until he was moved to a foster family at eight (8) months old, and whom he saw until November 2017, so that this child does in fact have a bond with them; [ 36 ] WHEREAS the security of X remains this Court’s priority even though the parents must have quality time with their son, which should be their sole priority; [ 37 ] WHEREAS it must be ensured that the parents follow through on the intentions they expressed before the undersigned; [ 38 ] WHEREAS the principles of the Act are those of the interest of the child (s. 4); [ 39 ] In these circumstances, the parents may see X once (1) in March 2018 and once (1) in April 2018 (before April 24, 2018) for a period of one (1) hour each time, separately.

Other conditions for contact will also be ordered to ensure that they unfold smoothly.

FOR THESE REASONS, THE COURT: [ 40 ] CONTINUES THE HEARING, ONCE AGAIN, on the application for protection to April 24, 2018, at 9:30 a.m., room 13, for the day; [ 41 ] DECLARES, once again, the security and development of the child to be in danger; [ 42 ] RESERVES, once again, the parties’ recourses as to this endangerment; [ 43 ] ALLOWS the parents application in part; [ 44 ] REVIEWS once again the protective measures while proceedings are in progress; [ 45 ] DECLARES that new measures while proceedings are in progress must be ordered; [ 46 ] ORDERS the execution of the new protective measures while proceedings are in progress until April 24, 2018 :

a) That the child be entrusted to a foster family ;

b) That , in the interest of the child, and while proceedings are in progress, the name and contact information of X’s foster family be kept from his parents;

c) That a person working for an institution or body provide aid, counselling, or assistance to the child and his family;

d) That contact between the child and his parents be supervised at all times, by a third party chosen by the Director (who may be the applicant), at a place named by the Director, according to the security rules that the Director deems most appropriate, separately and on condition that the parents remain polite, calm, respectful, and cooperative at the following frequency and duration: - Once (1) in March 2018, each parent, for a period of one (1) hour; - Once (1) in April 2018 (before April 24) each parent, for a period of one (1) hour;

e) That the parents take an active

part in the application of the measures ordered: 1. That they cooperate with the person responsible for social follow-up; 2. That they take

part in all the follow-up services to which they have agreed before the undersigned; ENGLISH [ 47 ] GRANTS in part the motion from the parents; [ 48 ] DECLARES, again, that the security and the development of X are compromised; [ 49 ] RESERVES the recourses of all the parties concerning that compromission; [ 50 ] REVISES the protective measures already ordered; [ 51 ] DECLARES that some new protective measures must be ordered; [ 52 ] ORDERS the following protective measures until APRIL 24 th , 2018 :

a) ENTRUSTS the child to a foster family;

b) DECLARES, in the interest of the child, that the personal information of the foster family be not disclosed to the parents;

c) ORDERS a follow up by the applicant;

d) ORDERS that the parents collaborate to that follow up and that they implicate themselves in all the follows up that they said they will do at the audience of February 14 th ;

e) ORDERS that the parents see the child separately, in the presence at all time of a third person chosen by the social worker (it can be her), in a place designated by her, under the condition that each parent respects the rules of security implemented by the social worker and under the condition that each parent be polite, calm, respectful and cooperative at each contact that will be: - Once in March 2018, for each parent, one 1 hour ; - Once in April 2018 (before April 24 th ), for each parent, one hour; [ 53 ] INDICATES that any review of this decision must take place before the undersigned (except s. 47) who is seized of the case; [ 54 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of this decision. __________________________________ Line Gosselin , J.C.Q.

Mtre Vanessa Chasle, for the Director of Youth Protection Mtre Claude Dostie, for the child The parents, representing themselves Date of hearing: February 14, 2018 Date of filing with the registry: February 28, 2018 /mr