2019 QCCQ 15970, 2019 QCCQ 15970

Protection de la jeunesse — 1910372 2019 QCCQ 15970 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001679-130 DATE: August 6, 2019 (written judgment rendered on November 26, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2007 [SOCIAL WORKER 1], Youth Protection worker, duly authorized person by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , presently detained at Centre A, [...] Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to revise a decision rendered on February 22, 2018, regarding the adolescent X, born on [...], 2007.

At that date, the Court declared the security and development still endangered and entrusted the adolescent to a rehabilitation centre with reintegration in a foster family as soon as possible, until February 28, 2019. [ 2 ] The DYP submits to the Court that the situation does not allow a return of the youth to her parents, and recommends entrusting her to a foster family until August 6, 2020. Position of the parties [ 3 ] The mother is present and represented by Me Tommasel.

She admits most of the allegations, and she agrees with the recommendations. [ 4 ] The father is present and represented by Me Mocanu Culuri. He admits some of the allegations, and he agrees with the recommendations. [ 5 ] X, who is almost 12 years old, is present and represented by Me Boudreau. She admits some of the allegations and she wants to be entrusted back in a Group Home, so she challenges the measures. History of the situation [ 6 ] On November 28, 2013 , the situation of X was submitted to the Court. The family is known since 2010.

Between January 2010 and June 2015, the DYP received five reports regarding neglect and psychological ill-treatment. Between 2010 and 2012, X and her sister Y were entrusted on provisional agreement and four voluntary measures were signed. Since 2013, she is entrusted to extended family members. Despite her commitment, the mother continued to drink during the visits, and she had a lot of problems because of her consumption as many police interventions were made. The child voiced being afraid of her parents. The mother recognized that the only solution for her is a long-term therapy.

The Court declared that the security and development of the child were endangered [1] and entrusted X in a foster family for nine months. The Court authorized the reintegration with the parents if the situation allows for it. [ 7 ] On November 13, 2014 , the evidence reveals that X went back to her mother’s place in June 2014, and everything went well. The mother collaborated with the Social Services. The father was still detained, which help the mother a lot. He was supposed to be released in December 2014. The mother gave birth in September 2014.

The Court maintained X under her mother’s care with services until November 30, 2015. [ 8 ] On September 4, 2015 , a provisional order was rendered, and X was entrusted to her paternal grandmother.

[ 9 ] On October 14, 2015 , the Court revised the situation and the evidence revealed that, when the father came back from detention in February 2015, the consumption and conjugal violence started again. The parents also consumed drugs, and X was found under the influence of unattended drugs. In August 2015, the mother was stabbed and medevaced to Town A. Professionals feared for her life. Despite that, she seemed disinvested and did not want to visit her children.

The Court entrusted X to a foster family until June 17, 2016, and ordered that a life plan be prepared. [ 10 ] On July 13, 2016 , the Court was seized with an application for revision. In December 2015, the mother was the victim of an aggravated assault. The father was detained until January 2016, and released under the condition not to communicate with the mother. He moved to Town B but maintained contact with the mother, and on April 2, he was arrested again for assault with a weapon on the mother. The mother still displayed alcohol consumption issues. She had regular contact with her children.

In March 2016, as she was improving her situation, the visits were authorized under supervision at her place. Her three children, X, Y and Z, were entrusted to the paternal grandparents. X was going to school. She had difficulty managing her emotions.

The Court entrusted the child in a foster family until June 14, 2017. [ 11 ] On May 26, 2017 , a provisional order was rendered and X was entrusted to a rehabilitation centre. [ 12 ] On June 13, 2017 , evidence showed that the child needs the structure of a rehabilitation centre for different reasons, but mainly because of her bad behaviours, such as aggressive reactions, disrespect towards others, possible alcohol abuse, and drugs and gasoline abuse. Her entourage is overwhelmed. Dr.

Beltempo is of the opinion that the youth needs stability and time to think about her situation. [ 13 ] On December 13, 2017 , a provisional order was rendered and X was entrusted to a rehabilitation centre. [ 14 ] On February 22, 2018 , the evidence revealed that the father was detained and the mother was at [Center B] with her youngest child. X witnessed a lot of violence between her parents and with her extended family. She started to develop behavioural issues during the summer of 2017 such as sniffing gas, smoking cannabis, aggressiveness, and inappropriate sexual behaviour.

She improved her situation since she has been at the Group Home, but she still needs structure. The Court entrusted X to a rehabilitation centre with a reintegration in a foster family as soon as the situation allows for it, with the support of an external educator until February 28, 2019. [ 15 ] On February 27, 2019 , a provisional order was rendered and the child was entrusted to a foster family. [ 16 ] On April 16, 2019 , because of the lack of time to proceed, the Court maintained the status quo, postponed the hearing in May 2019, and ordered that the grandmother be evaluated as a potential foster family.

On May 17, 2019 , still because of the lack of time to proceed, the Court maintained the status quo and postponed the hearing in August 2019. Facts [ 17 ] In March 2018, X started to visit her aunt who said she was available to foster her after the rehabilitation centre, and it went well. [ 18 ] In May, X started saying that she misses her mother a lot. During the same period, the DYP was informed that X displayed sexual behaviour and that she had stolen at the Coop store. [ 19 ] X was met and disclosed having been sexually abused by a man when she was at her grandparent’s place.

This report is still under investigation. [ 20 ] In June, the mother came to visit X at the Group home, and the visit went well. [ 21 ] In August, X came to Town C for her birthday, and the home visit also went well. [ 22 ] X was able to improve her behaviour enough in order to start a progressive integration with her aunt in November 2018. The request for an external educator’s services was made. [ 23 ] On December 29, 2018, X revealed being afraid of her foster family, as alcohol consumption and violence were present in the home. X was immediately entrusted to an emergency foster family.

The aunt was met and on January 22, 2019, the aunt said she was overwhelmed with X’s behaviours, and asked the DYP to find another foster family. [ 24 ] On January 16, X went to Town C for a funeral, during which time she stayed at her grandmother’s place. [ 25 ] The paternal grandmother offered to foster X and Y, but the DYP worker wanted to investigate the environment prior to a placement.

The grandmother is very attached to her granddaughters, but as she just lost her son, and the father is supposed to come back at her place soon, the DYP would like to be sure that she would be able to deal with the situation and to impose routine and structure to the children. [ 26 ] X was entrusted at another aunt, Ms. C, in Town D, who also has some issues. The DYP planned to monitor the situation closely and to keep in mind that the grandmother could be an option. [ 27 ] The situation evolved positively and X was doing well at her aunt’s.

The aunt was accredited as a foster family and the mother agreed with this placement. X confirmed being well at her aunt’s. [ 28 ] X’s behaviour also improved at school, but her attendance was difficult. As she had difficulty to wake up in the morning, she was only going to school in the afternoon. The DYP worker was able to convince her to go all day, and she went. She said she loved the school in Town D and she is not willing to go to school in Town C. [ 29 ] The grandmother fosters Y and welcomes X for home visits and supervises the accesses with the parents.

[ 30 ] At the hearing, X asked the Court to be entrusted to the rehabilitation centre because she feels safer there. She said that she is tired of being surrounded by intoxicated people. The DYP worker, who was also informed of this desire at the hearing, committed herself to proceed to an investigation and to find solutions that will stabilize the situation. According to her, X has no issues that could justify a placement at the rehabilitation centre.

She also knows that X likes her school in Town D, but according to her, there is no other foster families in this village. [ 31 ] The mother testifies that she agrees with the psychological evaluation for X. [ 32 ] Since the last order, the mother did not seek help regarding her personal issues. She had the intention to stay in Town A after her therapy, but despite the help offered to find a place to stay in Town A, she decided to come back in Town C. [ 33 ] On November 8, 2018, the mother was arrested and detained while intoxicated.

Because she was pregnant, a baby alert was signalled. [ 34 ] In November 2018, the DYP worker spoke with the parents twice to obtain their consent for a psychological evaluation for their son D, but they refused each time. [ 35 ] The father was supposed to be released in March 2019.

When the DYP worker asked him what his plan for the future was, he said he had the intention to live at his mother’s place, and that he was ambivalent regarding his relation with the mother. [ 36 ] Although the mother completed A’s program on two occasions, she still displays alcohol issues, but she is able to improve her situation each time the father is detained for a long period of time. [ 37 ] In March 2019, as scheduled, the father was released from detention. The oldest children, X and Y, were very frequently at their parents’ place. A police intervention was needed to remove X from the house.

She had an important crisis and had suicidal ideation. [ 38 ] The DYP worker did not know if the father had conditions regarding communication with the mother, as the father refused to give him the authorization to communicate with his parole officer. When questioned by the Court, the DYP worker admitted he was not aware that those conditions were not confidential. [ 39 ] Between April and May 2019, multiple events of conjugal violence occurred between the parents. The situation was deteriorating rapidly. [ 40 ] On July 22, the mother called the DYP worker. She was crying.

The father would have ended the relation as he had another girlfriend in Town B, and said he did not want to be involved in B’s life. Finally, by the end of the day, the parents were drinking together. [ 41 ] On July 23, the DYP worker met the parents, who had consumed a lot the prior night. They said that it was the last time, and planned to enter B Treatment Centre.

The mother recognized that the conjugal relationship was a toxic one, but she refused to break up, even if she is conscious that this relation is one of the principal reasons for the placement of her children. [ 42 ] On July 26, another violent conjugal event occurred, and the mother was hospitalized. On July 29, the parents started a follow- up with the Social Services to register at [Center C]. [ 43 ] Finally, the father was arrested and detained, but because the mother refused to press charges, he was released. Both were intoxicated.

When questioned about her intentions, the mother said she was very ambivalent regarding her relationship. [ 44 ] At the hearing, the father was detained again in Town C, waiting to be transferred in Town E. His lawyer went to see him at the police station, and he accepted to come to the Court house.

He was present for the beginning of the hearing, but after the lunch break, he decided to take his plane to go down South, even if he was informed that the Court could make him travel the day after. [ 45 ] The DYP worker testifies that the mother generally exercises her accesses, except if she is intoxicated or injured. She collaborates with the services and recognizes being in an abusive relationship. According to the DYP worker, for now, the mother’s main issue is the toxic relationship. [ 46 ] The mother testifies and admits that she does much better when her spouse is not there.

When she is alone, she is able to take care of her children. When he is there as he consumes, she also consumes, and he becomes violent. The relationship has been the same from the beginning, for the last 12 years. [ 47 ] She said that she has decided to end the relationship. She sees that the family situation always follows the same pattern.

He is released, and after only five months, he is detained again. [ 48 ] She says that today, she has more evidence of his lack of collaboration, as he preferred going to Town E instead of staying here to support her in her request. [ 49 ] The mother has been a prenatal worker at the hospital for nine years. She is now on maternity leave. She would like to use this time to meet with Social Services before going to [Center B]. [ 50 ] She is financially independent and she was the only one with a job in the household. The mother pays for everything (rent, food, etc.).

Analysis [ 51 ] The situation of the child remains endangered mostly because of the toxic conjugal relationship and the alcohol consumption.

[ 52 ] The father is detained and does not plan to have the children back under his care in the near future. [ 53 ] The situation of the mother is not an easy one. For the last 12 years, she has stayed in a toxic and violent relationship. She is able to regain some form of stability each time the father is detained. Today, the placement of her two youngest daughters is requested, and she really feels that she needs to take drastic steps. [ 54 ] She is scared for her daughters.

She is also scared for her baby, and wants to be sure that he won’t have the same childhood as the others. [ 55 ] She realizes that everything that happened in her life is due to her toxic relationship. She was hospitalized many times because of injuries. Her children were placed in foster families and moved from one to another because of the parents’ relationship. [ 56 ] She seems to realize the seriousness of the situation, and she is able to name the origin of her difficulties. The Court encourages her to continue in this path, but told her that it wouldn’t be easy.

The risk that the father comes back when he will be released is present. The further risk that she gets back with him is high. [ 57 ] The Court also told her that her desire to enter [Center B] to be far from the father is not a good reason to attend a therapy, but the Court understand her needs. [ 58 ] The mother will have to be supported with her desire to change her way of life. The DYP will have to be present to accompany her through difficult changes, as it’s always easier to remain in the same pattern.

Changes are challenging, and require a lot of energy and willingness. [ 59 ] The mother deeply loves her children, and the Court is convinced that, if she is well supported, the mother will be able to achieve her goals. [ 60 ] In the situation of X, the Court has a lot of concerns regarding the foster family. She seems to be well in Town D, she loves her school and being with her friends, but the situation at home does not seem to be ideal. As her lawyer said, a lack of investigation before the placement is suspected, and it looks like the decision was taken to entrust her there because it was the lesser evil.

When a youth asks to go to a rehabilitation centre without being in need of rehabilitation services, she sends the DYP a very clear message. [ 61 ] The mother plans to attend [Center B] with her youngest son. There is no reason to deny this request. She has to be encouraged in this process, and it would be the best opportunity for her to address her issues while developing strong bonds with her baby at the same time.

FOR THOSE REASONS, THE COURT: [ 62 ] GRANTS the application; [ 63 ] DECLARES that the security and development of the child X, born on [...], 2007, are still endangered; [ 64 ] ENTRUSTS the youth to a foster family, chosen by the institution operating a child and youth protection centre; [ 65 ] ORDERS that a psychological evaluation of X be performed and all recommendations be followed including any other evaluation recommended by the psychologist; [ 66 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 67 ] ORDERS that the parents report in person or by phone, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 68 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the youth; [ 69 ] STRONGLY RECOMMENDS that the mother seek help through the Social Services or other resources in the community (A after care program, AA meetings, etc.) or Therapy Center concerning her alcohol and personal issues; [ 70 ] RECOMMENDS that the father seek help through the Social Services or other resources in the community concerning his alcohol and anger management (violence) issues, once he is released from prison; [ 71 ] ORDERS that the modalities, the frequency and the degree of supervision of the contact between the youth and the parents be determined by the Director of Youth Protection; [ 72 ] ORDERS that the contacts be as frequent as possible with her mother; [ 73 ] ORDERS that X benefit from phone or video calls with her mother at least once a week; [ 74 ] ORDERS that contacts between the youth and her siblings be favoured; [ 75 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the family; [ 76 ] ORDERS the police to collaborate to the execution of the enactment; [ 77 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out;

[ 78 ] THE WHOLE until August 6, 2020. __________________________________ PEGGY WAROLIN , J.C.Q. Me Caroline Daniel, attorney for the Director of Youth Protection Me David Boudreau, attorney for the child Me Angèle Tommasel, attorney for the mother Me Ana-Maria Mocanu Culuri, attorney for the father Date of hearing: August 6, 2019