2020 QCCQ 11247, 2020 QCCQ 11247

Protection de la jeunesse — 208669 2020 QCCQ 11247 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001064-200 DATE: September 30, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2018 child and A mother B party ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 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 September 30, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the mother is failing to meet the child’s basic physical needs and that a situation of serious risk of neglect exists. [ 3 ] Information is to the effect that Mr. B’s name does not appear on the child’s birth certificate. All parties agree that he be recognized as a party in this file.

Consequently, the Tribunal will grant him this status. [ 4 ] Today, the Director recommends that the child remain entrusted to his maternal grandmother’s care and that support measures be ordered until September 30, 2021. [ 5 ] The mother and Mr. B agree with the Director’s plan. The mother wants to be involved with the child on a daily basis. [ 6 ] The child’s attorney also agrees with the Director’s recommendations. She adds that it would be in her client’s best interest to be registered in daycare and/or participate in a stimulation program.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The child is outgoing and playful. She has not yet started to attend daycare. [ 9 ] On October 25, 2018, the parties signed a Voluntary Measures Agreement by which the child was entrusted to the parents’ care and support measures were put in place until April 30, 2019. At the time, the parties recognized the following facts:

• the family had been followed by the Director since March 2016 (for the older sibling Johnny); • in the last year and a half, the parents have been involved in at least eight incidents of physical violence; • it is mostly the father who is physically aggressive towards the mother; • the mother is able to protect herself by pressing charges, but constantly comes back in a relationship with the father; • the child is constantly exposed to his parents’ conflicts; • the parents do not realise the impacts that the conjugal violence has on the child; • the mother had suicidal and homicidal thoughts about the child; • on one occasion, the mother hit herself to the point that she got a black eye. [ 10 ] On May 1, 2019, the parties convened of a second set of Voluntary Measures Agreement maintaining support measures until November 30, 2019. [ 11 ] In September 2019, the mother was diagnosed with borderline personality and anxiety disorders. [ 12 ] On November 22, 2019, the parties agreed to sign a third set of Voluntary Measures providing support to the family until October 22, 2020.

At this time, the parties recognized the following facts: • the child was still exposed to recurring incidents of anger and violence; • the father aggressed the mother while she was carrying the baby on her back; • the father’s aggression is triggered by recurring provocation from the mother; • the mother has difficulties connecting with the children’s emotional cues; • the parents had not taken steps for the child to attend daycare. [ 13 ] On December 12, 2019, the police had to intervene as the father was in the mother’s presence and breaching his conditions. [ 14 ] On April 4, 2020, the police had to intervene again.

They reported the following [1] : Every day, (the father) is mad at (the mother) and at the kids. Few time each week, (the father) did some fake punch to his kids. It is like if he punch the kid in the face, but he stop just before touching the face of the kids.

When he is mad and he have something in his hand, he fake to throw it to his kids, he do the move with his arm, but he keep the object. [ 15 ] A signalement of potential risk of physical abuse from the father was made, but is still under investigation. [ 16 ] The mother reported that the father had been physically aggressive with her on numerous occasions. At the time, the mother was afraid of him.

Again he was not respecting his criminal conditions. [ 17 ] On April 10, 2020, the father was sent in detention to Town A. [ 18 ] On July 6, 2020, the mother reported to the police that the father had sent her a letter, apologizing and asking her to drop the criminal charges and not show up at Court. This letter was sent despite the father’s criminal conditions. [ 19 ] Upon the father’s release from prison in mid-August 2020, the mother reported to the Youth Protection worker that she wanted to reunite with him. [ 20 ] The father also wants to reunite with the mother whenever it will be possible.

At this point, the father is residing with different family members. He does not have a stable residence. He got a job as a water truck helper. [ 21 ] On July 27, 2020, the mother made threat to commit suicide if Social Service did not remove the children from her care. On the same day, immediate protective measures were invoked and the children were placed under the maternal grandmother’s responsibility.

It is important to note that the mother is living in her parents’ home as well. [ 22 ] On August 10 and 11, 2020, the mother called requesting that the children be removed from the family home. [ 23 ] On August 11, 2020, the Youth Protection worker arranged for the children to be place at the A family house until the grandmother returned from camping. Upon the grandmother’s return, two days later, she took the children back with her. [ 24 ] On August 13 and 15, 2020, the mother called again, asking for the children’s placement.

The mother wants “ to be free like the father ”. [ 25 ] The maternal grandmother is able and willing to care for the children. She has been significant and present in their lives. [ 26 ] It remains a concern that when the grandmother goes camping or travelling, the children remain under the mother’s sole responsibility. This concern was addressed by the Youth Protection worker with the grandmother. Alternative plans should be made in these situations.

[ 27 ] Despite four years of support, the parents have not dealt with their alcohol consumption issues. They are still arguing and their relationship remains volatile. The father made threats to hurt the child. Even if, at times, the mother takes protective measures, she does not always maintain them. The parents collaborated rather passively to the Director’s follow-up. The mother remains centred on her own personal preoccupations and does not understand the impacts of her actions on the child. She is not able to respond to the child’s needs on her own.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the application for protection; [ 29 ] DECLARES that the security or the development of the child is endangered; [ 30 ] ORDERS that the child be entrusted to the maternal grandmother, Ms. C; [ 31 ] TAKE JUDICIAL NOTICE that Ms. C will be assessed as a potential foster family for the child; [ 32 ] ORDERS that the mother and Mr. B report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 33 ] ORDERS that the mother and Mr. B take an active

part in the application of the measures ordered; [ 34 ] ORDERS that the mother and Mr. B remain sober in the child’s presence; [ 35 ] ORDERS that the mother and Mr. B refrain from any kind of violence in the presence of the child; [ 36 ] ORDERS that the contacts between the child, the mother and Mr. B be determined by the Director as for the modalities, frequency and degree of supervision; [ 37 ] RECOMMENDS that the mother and Mr. B seek help concerning their relationship issues; [ 38 ] RECOMMENDS that Mr.

B seek help concerning his anger management and personal issues; [ 39 ] RECOMMENDS that the mother seek help concerning her mental health and personal issues; [ 40 ] STRONGLY RECOMMENDS that the Director of Youth Protection register the child in a daycare and/or in a stimulation program; [ 41 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 42 ] THE WHOLE until September 30, 2021; [ 43 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 15, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly-Ann Sinnett Counsel for the child Mtre Ève Laoun Counsel for the mother Mtre Nada Boumeftah Counsel for Mr. B (party) Date of hearing: September 30, 2020