2019 QCCQ 19757, 2019 QCCQ 19757

Protection de la jeunesse — 198152 2019 QCCQ 19757 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000968-195 DATE: September 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 child and A B parents ______________________________________________________________________ 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 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the security or development of the child is compromised [ 3 ] Today, the Director recommends that the child be entrusted to the maternal aunt and that support measures be ordered until September 30, 2020. [ 4 ] The mother agrees with the Director’s plan but asks for a minimum of four contacts per week between herself and the child. [ 5 ] The father agrees with the Director’s plan except with the condition that he cannot be left alone with the child.

Hearing the mother’s request, he asks for a minimum of six contacts per week between himself and the child. [ 6 ] The child’s attorney agrees with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] Both parents clearly love their daughters and are often able to provide for their basic needs. [ 9 ] On several occasions, the mother displayed suicidal ideations. She mentioned hearing voices. She became aggressive. She has continued to consume alcohol.

She has been impulsive and when she does not get what she wants, she can verbalize wanting to kill herself or wanting to give up on her daughters. [ 10 ] The father has not taken steps to prioritize the security of the children. Over the last few months, he has reunited with the

mother, on numerous occasions, without really working on the profound issues that affect their relationship. [ 11 ] On numerous occasions, the child was witness to the physical and verbal violence that occurred between the parents. [ 12 ] During the fall 2018, the parents began to address their issues of conjugal violence and alcohol consumption with the Youth Protection worker and with Social Services.

They refused to continue a follow up on these issues following the social worker’s unexpected departure. [ 13 ] On December 15, 2018, the police had to intervene at the family house, following a dispute between the parents, as the mother had locked herself in the bathroom with a knife. During the police intervention, the mother made suicidal comments. The mother took Y and went to her mother’s place. [ 14 ] On February 5, 2019, Y started attending daycare. [ 15 ] On […], 2019, the mother gave birth to X. [ 16 ] On April 25, 2019, the mother arrived home in the morning, following a night of drinking in town.

The parents started arguing about this situation. The mother eventually left with both children and went to her mother’s place. At some point, the police had to take the baby, X, away from the mother, as she was breastfeeding her while she was still intoxicated. The mother then expressed some suicidal comments. [ 17 ] On May 25, 2019, a suicidal risk assessment was required considering the mother’s situation. At the time, the children were babysat by their grandmother and the father was “on the land”.

The mother reported hearing voices of a dead friend telling her to commit suicide. [ 18 ] On May 27, 2019, during a dispute between the parents in the morning, the mother reported that the father wanted to bring the children to another community and kill himself. Following verification by the social worker, it was assessed that the father did not want to kill himself. [ 19 ] During the evening of the same day, the police had to intervene regarding another of the parents’ argument. It is reported that during the incident, the father punched a wall next to the mother.

He also took a knife, grabbed the mother and made a stabbing gesture in her direction. The father was eventually accused with charges of assault, assault with a weapon, possession of a weapon with dangerous purpose and failure to comply with his recognizance. [ 20 ] On May 29, 2019, steps were taken for the mother to meet with a psychiatrist who was in town. The mother did not go to this appointment. [ 21 ] On June 17, 2019, the police had to intervene as the parents were yelling loudly in their home. The children were present in the residence during the argument.

The Youth protection worker decided that, for security reasons, the children would go for that night with the mother at the grandmother’s house. [ 22 ] On June 19, 2019, the mother asked that the child and her sister be placed in foster care as she was overwhelmed. [ 23 ] On the same day, the parents had an argument, in front of the Youth Protection worker, that necessitated police intervention. At some point, the mother made threats to kill the father with a knife, while he had X in his arms. She also made threat to kill herself in front of the father and the child X.

Y was at the daycare during this altercation. [ 24 ] On June 19, 2019, the mother reported to the police that the father had licked Y’s vulva. [ 25 ] On the same day, following his arrest for sexually assaulting Y, the father also expressed suicidal ideations. He reported that he never sexually assaulted his daughter. He was released with a promise to appear.

Because of his situation, he was medically evacuated to Town A. [ 26 ] Immediate protective measures were invoked and the child and her sister were placed with their maternal grandmother. [ 27 ] On June 20, 2019, the mother recognized that she had lied about the allegation of sexual assault.

She explained that she had an argument with the father on June 17, 2019 and that she had made threats to make false accusations for him to go to jail. [ 28 ] On June 21, 2019, the mother signed a Provisional Agreement, entrusting the child and her sister to the maternal grandmother for a period of 30 days. [ 29 ] On June 25, 2019, the Youth Protection worker learned that the father had returned to his community on June 23. [ 30 ] On June 27, 2019, during a phone conversation with the parents, the Youth Protection worker learned that the father had returned home and that he was still in a relationship with the mother. [ 31 ] On July 1, 2019, the mother was arrested for assault on a police officer and failure to comply with a police undertaking (to abstain from the consumption of alcohol and to threaten or harass a police officer).

During an argument with the father, the mother punched him in the face. This incident happened in the child and her sister’s presence. The decision was made to place the children in a foster family. [ 32 ] On July 3, 2019, after many unsuccessful attempts to find a foster family for the children, the Youth Protection worker convened with the parents that the children would be entrusted back to the father’s care. It was agreed that both parents could not be together in the children’s presence and that the mother could not be left alone with the children.

It was agreed that the mother would go live at her grandmother’s place.

[ 33 ] On July 16, 2019, the mother agreed that she should stop consuming alcohol and that she should register to go for treatment, but thus far, she has not taken steps to register herself. [ 34 ] On July 18, 2019, the father discussed with the Youth Protection worker around the possibility of bringing the children to Nova Scotia. It was understood that the mother had to agree with this plan and that she could not go along.

The Youth Protection worker understood that the mother would go visit family members in Town B. [ 35 ] On August 10, 2019, the Youth Protection worker learned that while they were in Nova Scotia, the parents had another violent dispute in the children’s presence. Police intervened and the father was arrested for assault on the mother.

The mother was brought to a women shelter and the children were entrusted to their paternal uncle and eventually to their paternal grandfather. [ 36 ] The children were returned to Town A, where, on August 29, 2019, an immediate protective measures was invoked. [ 37 ] On September 11, 2019, the Tribunal ordered the provisional compulsory foster care of the child in a foster family in Town A. [ 38 ] The father now reports that he wants to return living in Nova Scotia as soon as October 2, 2019. [ 39 ] During certain meetings with the Youth Protection worker, the parents appear motivated to take steps to correct and stabilize their personal and couple situation.

Nonetheless, they have not taken any concrete steps, except for the follow up with the social worker during fall 2018 that would create longstanding changes in their situation. [ 40 ] The parents ask that a minimum frequency of contact with the children be established.

Considering the children’s attachment to both parents, the Tribunal will set a realistic minimum of contact. [ 41 ] Considering the Youth Protection worker’s testimony, it appears necessary to leave the question of supervision of contacts to the Director. [ 42 ] Following the evaluation of X’s signalement of serious risk of sexual abuse, the Director concluded that the reported facts are not founded. However the child is regularly exposed to explosive arguments between her parents that are endangering her security and development. Considering her young age, she is quite vulnerable.

It has been observed that, even if the child cries during these incidents, the parents continue to engage in their conflicts. THEREFORE AND FOR THESE REASONS, THE COURT: [ 43 ] GRANTS the application for protection; [ 44 ] DECLARES that the security or the development of the child is endangered (

section 38

c) of the Youth Protection Act ); [ 45 ] ORDERS that the child be entrusted to Mrs. C (maternal aunt); [ 46 ] TAKES JUDICIAL NOTICE that Mrs.

C is undergoing an evaluation to become a foster family; [ 47 ] ORDERS that the child not be left alone in the presence of the parents; [ 48 ] ORDERS that the contacts between the parents and the children be supervised by the Youth Protection worker or be a third party authorized by the Director of Youth Protection; [ 49 ] ORDERS that only the Youth Protection worker be able to raise the issue of supervision; [ 50 ] ORDERS that the parents respect the calendar that will be done in the next few days with the Director of Youth Protection; [ 51 ] ORDERS that the parents not go to any unannounced visits at the maternal aunt’s house; [ 52 ] ORDERS that the maternal aunt collaborate with the Youth Protection worker and ensure that the measures are respected by the parents; [ 53 ] ORDERS that the child and her sister not be together in the presence of both parents; [ 54 ] ORDERS that the contacts between the child and the parents be upon agreement of the parties; if the parties do not agree, ORDERS that those contacts be at a minimum of three contacts per week; [ 55 ] ORDERS that the parents take an active

part in the application of the measures ordered and fully collaborate with the Direction of Youth Protection; [ 56 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 57 ] ORDERS that the parents remain sober in the presence of the child; [ 58 ] ORDERS that the parents refrain from engaging in any form of violence or aggression in the presence of the child; [ 59 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate for her substances issues;

[ 60 ] RECOMMENDS that the mother seek help through Social Services for her relationship, emotional and personal issues; [ 61 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 62 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 63 ] THE WHOLE until September 30, 2020; [ 64 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the child Mrs. Laurence Migué Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: September 25, 2019