2023 QCCQ 8878, 2023 QCCQ 8878

Protection de la jeunesse — 235276 2023 QCCQ 8878 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth division »

N os : 455-41-001599-232 DATE : July 13, 2023 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2018 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT [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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] The Director is requesting that the Court declare the security and development of the child X in danger on the grounds of physical abuse physical neglect and educational neglect. [ 2 ] As protective measures, the Director recommends that the Tribunal entrust the child to a foster family, authorize supervised contacts with the parents, upon the fre-quency and modalities agreed with the Director, authorize the lifting of the supervision, if the situation allows, take notice of the mother’s commitment to never put the child in contact with the father unless expressively allowed by the Director, authorize the progressive return of the child in the family environment according to the evolution of the situation and order various other measures including a social follow-up for a period of one year. [ 3 ] At the hearing on July 13, 2023, the mother is present and represented by a lawyer.

After discussions with the DYP and some modifications regarding the motives of compromission and the measures, she recognizes the situation of compromission and agrees with the recommendations. [ 4 ] The father is present and represented by counsel. He also agrees with the conclusions sought by the Director. [ 5 ] The child's lawyer is in agreement as well.

the situation of compromission [ 6 ] X is five years old and lives with her parents. [ 7 ] In the morning of May 3 rd , 2023, the child is found alone in the playground of the elementary school across the street from her home, although she was not attending school or daycare. [ 8 ] She approached an adult and agreed to be taken inside the school. [ 9 ] The child’s physical condition was neglected: i. She had dirty clothes, dirty hair and her clothes had a strong smell of cat urine; ii. She was wearing rain boots, pyjama shorts and a coat; iii.

She was wearing a diaper, which was soiled with urine and feces; [ 10 ] While her diaper was being changed, X said several times that she wanted to take a bath. [ 11 ] She drank three glasses of water and ate two granola bars when she arrived at the school. The child said she had not eaten or drunk anything since the previous day. [ 12 ] X said she had left the house because she was alone. [ 13 ] The child made some verbalizations about being physically abused.

She mentioned that her parents often kicked her, on her bum, but also on her back and face. [ 14 ] The police and the Director of Youth Protection were called. [ 15 ] When the delegate met with X, she said that her father often kicks her in the back, on the buttocks and on her face, but that her mother could kick her too. [ 16 ] The child also had a bruise around her eye and stated that her father had “kicked” her. [ 17 ] The child said that nobody was home when she left and that she is regularly left alone.

She added that her parents are mean. [ 18 ] The delegate, accompanied by the police, went to see the parents at their house the same day. [ 19 ] The family was being intimidating towards the delegate and the police officers and was insulting them as well as other people who had joined the parents on their front porch. [ 20 ] Right from the start, the delegate noticed that the apartment was unsanitary: i. There were many cats (at least 10) and two dogs; ii. There was an intense smell of cat urine and the litter was overflowing; iii.

The apartment was cluttered with many objects; [ 21 ] The father would not let them further in, claiming that the dog did not like strangers. [ 22 ] The father minimized the situation, explaining that he got up around 11-11:30 am, like he did every day and then took a shower. [ 23 ] He said it must have been then that the child went to the school, even though the child was found at the school around 10:00. [ 24 ] Regarding the state of the apartment, he recognized that the situation got out of control and that they are trying to get rid of some cats. [ 25 ] When confronted about their daughter’s condition when she was found, he claimed he did not understand and that X took a bath every night. [ 26 ] The mother was at work during the morning and was urged to come home. [ 27 ] When she was present, their daughter’s verbalization about being kicked was addressed and both parents denied any physical abuse.

They added that X often lies. [ 28 ] The maternal grandmother was also interviewed and mentioned she had no wor-ries for the child, having been at the home two weeks prior and that everything was fine. [ 29 ] The mother later explained that X spends a lot of time with her dad because she works every weekday and every other Saturday and does not attend daycare or school. [ 30 ] The father stays at home as he cannot work due to a back injury that causes constant back pain. [ 31 ] She claimed that the father gives the child a bath every day and that she had no indication that he hit the child.

She stated that the bruise under the girl’s eye was caused by a cat.

[ 32 ] The father later explained that when X woke up that day, she refused to let him change her diaper and wanted to wait until her mother was home for lunch. [ 33 ] On May 3 rd , an urgent protective measure was applied, entrusting the child to a foster family. [ 34 ] The urgent protective measure was prolonged on May 4 th , 2023. [ 35 ] On May 9 th , the Court rendered a safeguard order maintaining the child in a foster home. [ 36 ] On May 16 th , the Court rendered a provisional order by which the child was entrusted to a foster home and supervised contacts with the parents were authorized.

The court also ordered that the child receive all health and social services required by her state including a full medical follow up and evaluation by an optometrist. [ 37 ] Since the child’s integration in a foster family, the extent of the child’s neglect was appraised. [ 38 ] X exhibits many oppositional behaviors, fits and tantrums. She urinates and defecates on herself and does not want to be touched. [ 39 ] She may try to hide her soiled clothes.

While doing so, X once told the foster parent to let her mother hit her. [ 40 ] In fact, the child often shows a fear of being hit when she does something bad. [ 41 ] Nighttime is also very difficult for X. She can scream in the middle of the night or try to get out of the house. She may also get up to check if the foster parents are in their room before going back to bed. [ 42 ] It is also observed that X has a hard time interaction with other children. She provokes them and reacts by hitting or screaming when things do not go her way. [ 43 ] The mother recognized that it is hard for X to be told “no”.

Even the potty training is difficult because, although the child is able to go to the toilet, she decides not to go when she does not feel like it. [ 44 ] The father also said that the child has no morning routine and that he lets her get up at different times. On the other hand, he said that the child does not react when he refuses her something. [ 45 ] When the delegate meets with X, she always maintains that both her parents can kick her butt, but her dad can kick her elsewhere to.

Mainly she says this happens when she pees her pants. [ 46 ] She also mentioned that her mother could be kicked by her dad and that she cries when his happens. [ 47 ] Furthermore, she states that she was often alone at home. [ 48 ] Despite her verbalizations, it was difficult for the child to give specific details about a specific situation or tell a sequence of events, even about other types of situations.

Evolution of the situation [ 49 ] Over time, the parents modulated their position as to the situation of compromission. [ 50 ] The mother mentioned that the father was uncomfortable with seeing X naked, although he did change her diaper. [ 51 ] On the other hand, the father says he has never changed a diaper in his whole life and never will.

He says he waits for the mother, has X do it, or asks a woman friend. [ 52 ] He also said that he never gave the child a bath for this reason. [ 53 ] After completely denying any physical abuse of their child, they recognized some of it. [ 54 ] The mother was the only parent present at the orientation table on June 19. She admitted to being worried about the father’s supervision and said she was ready to make changes so that X would never be left alone with him. [ 55 ] On June 19 th , X was brought to the doctor whom she had not seen in two years.

The doctor said the only concern was potty training that has to be done with consistency. [ 56 ] On June 26, the child was taken to an optometrist, who concluded that the child had a severe case of farsightedness and astigmatism and needed to wear glasses. [ 57 ] The father reacted negatively and challenged the tests made and the professional’s conclusion. [ 58 ] He later explained that he was having a hard day dealing with the death of a close friend. [ 59 ] He has since shown a change of attitude toward the delegate, stating that he will engage in the social follow up. [ 60 ] During the supervised contact, the mother is observed as being adequate with the child’s and answer her needs.

[ 61 ] The father is more passive and was seen hiding his eyes when the mother changed X’s diaper. [ 62 ] On July 4 th , X was transferred to another foster home, near the parent’s domicile where she is doing much better. She is the only child in the home, which seems to appease her. She is making progress in her potty training. [ 63 ] The state of the parent’s home has much improved.

They aim at keeping only two cats with their dogs. analysis [ 64 ] The evidence and the admissions by the party allow the court to find that the security and development of X are compromised for the alleged motives. [ 65 ] The Court agrees with the modulation of the grounds of the compromission between the father and the mother regarding the physical abuse. The verbalization showed that the situation was not the same with each parent. [ 66 ] The Court must give credit to these verbalizations of the child because they have been constant and maintained in time and she has nothing to gain by lying about this.

On the contrary, the child says that she misses home. [ 67 ] Since the hearing on provisional measures, they have evolved significantly to the point where they were able to negotiate and agree on the application with the Director. [ 68 ] The court is confident that the situation will continue to evolve so that the reintegration in the parents’ care can occur within the current order. [ 69 ] This being said, there is much to be done to make sure that this situation does not reoccur. [ 70 ] The main issue for the parents is how to deal with X’s behavior; not letting her do what she wants, but at the same time gently enforcing rules that are reassuring to her and allow her to grow. [ 71 ] X also has her own challenges to address; potty training and social interactions with her peers, especially as she will start attending school. [ 72 ] She will need the support of her parents and to see them regularly, so it is important to continue to be present at all the contacts. [ 73 ] Considering the evidence produced by the reports and the documents filed by the Director completed by the testimony of the social worker, the court finds that the recommended measures are in the child’s best interest.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application for protection; DECLARES that the security and development of the child X are in danger on the following grounds: - Physical abuse by the father (unreasonable educational methods); - Serious risk of physical abuse by the mother; - Physical neglect (failure to meet the child’s needs in respect to hygiene); - Educational neglect (the child is left alone, inappropriate parental attitudes and lack of stimulation of the child); ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection center; AUTHORIZES , in the child’s favour, supervised contacts with the mother, upon the frequency and modalities agreed with the Director of Youth Protection; failing agreement, the frequency and modalities will be determined by the Director; FORBIDS all direct or indirect contacts between the child and the father; AUTHORIZES, in the child’s favour the resumption of supervised contacts with the father, upon the frequency and modalities determined by the Director of Youth Protection, if the father participates actively and politely with the Director; AUTHORIZES the lifting of the supervision of the contacts with the parents, if the situation allows it; TAKES JUDICIAL NOTICE of the mother’s commitment to never put the child in contact with the father unless expressively allowed by the Director of Youth Protection; AUTHORIZES the progressive return of the child in the family environment according to the evolution of the situation; TAKES JUDICIAL NOTICE that the change of school will not be an obstacle to the return of the child with the parents; ORDERS that the child’s parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; ORDERS that the child’s parents take an active and honest part to the application of any of the measures ordered by the tribunal, to the elaboration of the intervention plan and to the psychosocial follow-up;

ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family for a period of one year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Christine Loubier Counsel for the DYP M e Rosalie Duval Counsel for the child M e Audrey Roch Genest Counsel for the mother M e Mireille Leblanc Counsel for the father Date of hearing: July 13, 2023 Exhibits filed: D-1 to D-4