2019 QCCQ 13593, 2019 QCCQ 13593

Protection de la jeunesse — 193827 2019 QCCQ 13593 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No.: 505-41-009479-199 DATE: June 4, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection A Applicant - and- X, born on [...], 2016 Child - and- A Mother - and- B Father ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ JM2505 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 (the Director) seeks to have the security and development of the child declared to be in danger due to a situation of psychological ill-treatment. [ 2 ] As primary measures, the Director recommends that the child be entrusted to his maternal grandparents (grandparents) and that contact with the mother take place under the supervision of a third party.

The Director proposes that contact with the father take place based on an agreement between the parties with respect to the frequency and terms, including the level of supervision. The Director recommends that the mother participate in a psychological assessment of her parenting skills. Support measures are proposed for six months. [ 3 ] The father was not present at the hearing. He received service of the application on May 17. According to the Director, the father agrees to the measures sought. [ 4 ] The mother revoked her counsel’s mandate this morning.

Advised of her right to be represented by another counsel, the mother wishes to proceed today because she wants her son to be entrusted to her care. The mother says she is the victim of false allegations from her family. The mother left the courtroom during the arguments. [ 5 ] Counsel for the child is legally mandated to act on his behalf.

After having heard the evidence, counsel for the child considers that the security and development of the child are in danger due to psychological ill-treatment, namely the mother’s indifference towards her son. [ 6 ] Counsel for the child agrees to the measures proposed with the exception of lifting the supervision between the mother and child during visits.

[ 7 ] The grandmother was admitted to the hearing under s. 83 of the Act. She was represented by counsel. FAMILY SITUATION [ 8 ] The parents are separated. According to the mother, there is no Superior Court judgment regarding child custody. [ 9 ] The mother has been in a relationship with C for about a year. [ 10 ] The mother is currently pregnant. Mr. C is believed to be the father of this child. She is expected to give birth on [...], 2019. Mr. C has five other children from previous unions. [ 11 ] The A-C couple reside at the home of Mr.

C’s mother. [ 12 ] The grandmother stated that the child has been living full-time at her home since Easter 2018. The mother denied this information and said that the child lived primarily with her until the provisional order of April 2019. [ 13 ] On April 8, 2019, Arteau-Gauthier, J.C.Q. temporarily entrusted the child to the care of his grandparents. [ 14 ] It should also be noted that the child was previously under a provisional order entrusting him to his mother in court file 505-41- 008818-173. At that time, contact with the father had to be made under the supervision of a third party.

On November 16, 2017, the Director filed a discontinuance of her application for protection. The allegations of that application referred primarily to an incident that occurred on July 8, 2017, during which the father was allegedly violent towards the mother in the presence of the child. Following that incident, the parents separated. [ 15 ] The father was subject to a probation order. Among other things, he was prohibited from communicating directly or indirectly with the mother and the members of her immediate family, except in the exercise of his access rights.

The father is allegedly now under an arrest warrant. [ 16 ] For his part, C, the mother’s spouse, faces criminal charges under ss. 264.1 and 266 (

b) of the Criminal Code and s. 4 of the Controlled Drugs and Substances Act . He has to return to court in July 2019. Some charges are apparently in connection with his former spouse. According to the undertaking given to a peace officer, signed on December 27, 2018, Mr. C has to go and pick up his children at the police station in Town A to exercise his access rights. BACKGROUND [ 17 ] The grandparents live with their son (F), who is 32 years old. He took a drug test because the mother alleges that her brother has a chemical drug abuse problem.

The results of this test were negative except for cannabis. [ 18 ] The grandparents and the extended maternal family are of the view that the mother is the victim of violence at the hands of C. They are worried for her physical and psychological safety. [ 19 ] On more than one occasion, the mother contacted the grandmother in distress for her to come and get her. [ 20 ] In February 2019, the mother went to [community A] to see her extended family. A member of the family took steps for the mother to receive therapy and scheduled an appointment for her to have an abortion.

A few days later, C contacted the mother to beg her to return. He went to [community A] to look for her. [ 21 ] In March, the mother was taking care of her son for a few days. When the child went back to his grandmother’s home, he had a serious irritation on his buttocks that required treatment. [ 22 ] On April 2, the mother contacted the grandmother following a conflict with her spouse. [ 23 ] On May 21, 2019, the mother asked the grandmother to come and get her because she had had enough of the conflict with her spouse.

During a meeting, the mother explained that her spouse was not happy and that she felt responsible for this situation. The mother also said that her spouse was angry because she had not done the laundry. The Director proposed that the mother go to a shelter for women in difficulty. The mother refused. [ 24 ] On May 23, Mr. C sent a message to the mother telling her that he was having significant health problems and could die from them. The mother therefore decided to return to live with him. [ 25 ] Since April, the mother has attended five supervised visits to see her son.

The mother asked that a family member supervise the visits, which was authorized by the Director. The person identified by the mother (aunt) withdrew due to health problems. The mother finally agreed to have the grandmother act as supervisor. [ 26 ] The mother cancelled several visits with her son. She did not show up for her son’s medical appointments or make any dental appointment for him as recommended by the physician.

The mother was authorized to see her son at least three times a week for a duration of two hours. [ 27 ] It should be noted that the mother also refused to allow the child to go to [province A] with his grandparents for an Easter dinner. [ 28 ] The grandmother said that the mother may visit her son at any time at her home. On Mother’s Day, the grandmother bought flowers for the mother on the child’s behalf. The grandmother would agree to have the mother come and live at her home full-time. [ 29 ] For his part, the father sees his son under the supervision of the paternal grandmother.

The father prefers not to be left alone in the presence of his son. Contact has been irregular.

ANALYSIS [ 30 ] The Director has proven, on a balance of probabilities, that the mother is under the control of her spouse and has abandoned her son. The testimony given by the grandmother and three cousins is credible. [ 31 ] The mother’s testimony, however, is vague and imprecise. The mother was not able to respond to simple questions such as the reasons for her recent breakups with Mr. C. She remains convinced that her family is plotting against her but is unable to prove it. She shows signs of impatience. [ 32 ] The mother would like her son to return to live with her and Mr.

C, who was not present at the hearing, however, even though he had indicated to the social worker that he would appear before the Court to defend his position. [ 33 ] The mother believes that there is no reason for her son to be entrusted to the care of his grandmother. The Court, however, is of the view that the mother is in a toxic relationship and that her son is no longer her priority, without minimizing the love she has for the child. Just like her spouse, the mother has developed a negative perception of her family.

She is now isolated. [ 34 ] The family wants to help the mother, but she prefers to work on building her conjugal relationship. The Court notes that one day the mother asks the grandmother for help, and another day she rejects it. It is difficult to follow the mother’s thoughts. [ 35 ] During her testimony, the mother agreed to undergo an assessment of her parenting skills. This assessment will provide more information about the mother’s situation. [ 36 ] The child’s needs are met at his grandparents’ home. He lives in a stable environment, which is free of violence.

The child is described as a happy boy, who is involved in his living environment. Therefore, the child will remain with the grandparents for the next six months. [ 37 ] Contact between the child and his mother will be encouraged to the extent that she ensures a constant presence with her son. Supervised visits are still necessary due to the mother’s worrying state. [ 38 ] After having analyzed the evidence, the Court is of the view that the child is in need of protection and that the measures sought respond to his best interests.

FOR THESE REASONS, THE COURT: [ 39 ] GRANTS the application; [ 40 ] DECLARES that the security and development of the child are in danger due to psychological ill-treatment (the mother’s indifference); [ 41 ] ORDERS that the child be entrusted to the care of his maternal grandparents, Ms. D and Mr.

E; [ 42 ] ORDERS that contact between the child and his father take place according to an agreement between the parties, including the terms, frequency and level of supervision; [ 43 ] ORDERS that contact between the child and his mother take place according to an agreement between the parties, in the presence of a third party designated by the Director of Youth Protection; [ 44 ] ORDERS the mother not to put the child in contact with C; [ 45 ] ORDERS the parents to periodically report to the Director of Youth Protection on the measures being applied in their own regard or in their child’s regard to put an end to the situation endangering the security or development of the child; [ 46 ] ORDERS the parents to take an active

part in the application of the measures ordered. [ 47 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 48 ] ORDERS the maternal grandmother to provide the necessary health care and services for the child. [ 49 ] ORDERS the Director to inform the mother of the child’s medical and dental appointments; [ 50 ] RECOMMENDS that the mother undertake steps to have her parenting skills assessed and follow the recommendations made. [ 51 ] RECOGNIZES that the mother agrees to participate in an assessment of her parenting skills; [ 52 ] ORDERS that this judgment be translated into English and a copy to be sent to the parents within 30 days; [ 53 ] ENTRUSTS the child’s situation to the Director of Youth Protection A for the execution of this order; [ 54 ] THE WHOLE for a period of six months. __________________________________ Lyne Morin , J.C.Q.

Mtre Caterine Caron Counsel for the Director of Youth Protection Mtre Myriam Couillard Counsel for the child Date of hearing: Judgment signed: June 4, 2019 July 4, 2019