2018 QCCQ 20719, 2018 QCCQ 20719

Protection de la jeunesse — 1811513 2018 QCCQ 20719 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033099-177 DATE : February 5, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2018 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security and the development of the child are endangered as a result of a serious risk of negligence as well as psychological ill-treatment. [ 2 ] The applicant alleges that the parents have a highly volatile relationship leading to concerns of conjugal violence. Furthermore, both parents have serious substance abuse issues and the child was born with traces of cocaine in her system.

These circumstances have led to a provisional foster care placement order. [ 3 ] Being of the opinion that the child cannot return to her parents’ care, the Director is asking the Court to maintain the child in a foster family for nine months along with a social follow-up and various other measures. [ 4 ] The majority of the allegations are admitted by the parents who concede that the child has been exposed to the father’s verbal violence towards the mother. The parents both consent to the measures proposed.

The State of Endangerment [ 5 ] Essentially, the evidence establishes the following: [ 6 ] The child was born with a low birth weight and tested positive for cocaine. In a meeting with the social worker, the mother admitted to consuming cocaine at various times throughout the pregnancy and as recently as a month before the birth. [ 7 ] When asked about allegations of conjugal violence, the mother denied any physical altercations but conceded that there were frequent disputes leading to yelling. She also admitted that the father tends to be controlling at times.

The social worker was able to observe an example of such behaviour when the father demanded that the mother not be interviewed outside his presence. [ 8 ] The father confirmed that he has a history abusing crack cocaine but insists that he ceased consuming eighteen months ago with the exception of two relapses in the past year.

He continues to consume marihuana on a daily basis. [ 9 ] Regarding his relationship with the mother, the father admits a certain level of verbal violence and denigration towards her although he tends to downplay the seriousness of his behaviour. [ 10 ] A verification of the father’s background reveals an extensive criminal history including multiple convictions for offenses

including the obstruction of a police officer, drug possession and breach of an undertaking. [ 11 ] An inspection of the couple’s home revealed limited furnishings and a lack of appliances. Furthermore, there are certain security concerns, for example, exposed wiring and the lack of a smoke detector. On the other hand, the parents are sufficiently equipped for the baby’s needs.

Conclusion on The State of Endangerment [ 12 ] The evidence presented and the admissions made by the parties support the conclusion that the security and the development of the child are endangered for the reasons submitted by the Director. [ 13 ] The mother’s drug consumption issues have had a direct impact on the child’s physical well-being. Furthermore, the parents’ difficulties pertaining to their relationship exposes the child to a harmful and damaging environment.

It should be noted that during the course of a supervised visit, the social worker observed the father speaking aggressively to the mother while holding the child. The worker’s intervention was necessary to put an end to the situation. [ 14 ] The evidence highlights legitimate concerns regarding both the mother and the father’s parental capacities in the context described and the Director’s intervention is clearly required. The Measures [ 15 ] Following the signalement regarding this matter, the child was provisionally placed with the paternal grandmother.

Although she was initially considered a potential long-term resource, the grandmother has since advised that she feels unable to assume such an enormous responsibility. Consequently, the child has since been transferred to a regular foster family. [ 16 ] Considering the mother’s drug issues, the possibility of attending the inpatient program offered at [Center A] has been discussed.

Until now, the mother has shown reluctance to commit to such a program but maintains that it remains in her future plans. [ 17 ] Since the Director’s involvement, the mother has been inconsistent with both the social follow up and visits to her child. She communicates minimal information regarding her situation and is often difficult to reach. [ 18 ] For the most part, the father has been consistent with visits although more recently he has cancelled two visits with little or no notice. During the visits, he demonstrates affection towards his daughter.

Regarding basic care however, he requires some guidance. [ 19 ] Neither parent has committed to any services for their personal issues. It should be noted that their recent drug tests came back positive for both marihuana and cocaine. Although the parents have expressed a desire for services in that area, neither has taken any concrete steps to that effect. Furthermore, their relationship remains unstable and volatile. The evidence as a whole indicates that the father would benefit from anger management therapy.

The court encourages him to consider such an option. [ 20 ] Bearing in mind the vulnerability of the child, the current situation precludes any possibility of returning her to the care of the parents.

Taking into account the absence of any other resources within the extended family, a foster family is best suited to meet the child’s needs. [ 21 ] After considering all of the evidence together with the consent of the parties, the Court concludes that the measures proposed by the Director are in the child’s best interest. [ 22 ] FOR THESE REASONS, [ 23 ] THE COURT: [ 24 ] GRANTS the motion; [ 25 ] DECLARES that the security and development of the child are compromised as a result of psychological ill-treatment and a serious risk of negligence; [ 26 ] ORDERS that the child remain in foster care; [ 27 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director; [ 28 ] ORDERS that the parents do not expose the child to any type of conflict whether verbal or physical; [ 29 ] RECOMMENDS that the father receive therapy regarding conjugal violence and substance abuse; [ 30 ] RECOMMENDS that the mother receive therapy for substance abuse and TAKES JUDICIAL NOTICE of the fact that the mother’s intent is to look into participating at the [Center A] therapy program; [ 31 ] TAKING JUDICIAL NOTICE of their consent, ORDERS that the parents undergo random and alcohol testing at the Director’s request; [ 32 ] TAKING JUDICIAL NOTICE of the parents’ consent, AUTHORIZES the Director to exchange and obtain information with all service providers;

[ 33 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 34 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A who shall then see that the measures are carried out; [ 35 ] THE WHOLE for a period of nine months . SIGNED IN TOWN A On February 27, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Heidi Lecter Attorney for the D.Y.P. Me Sylvie Piriou Attorney for the child Me Lilian Stah Attorney for the mother Me Nathalie Croteau Attorney for the father Date of hearing: October 26, 2017 and February 5, 2018 KO/lf