2022 QCCQ 3145, 2022 QCCQ 3145

Protection de la jeunesse — 221668 2022 QCCQ 3145 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division»

N° : 505-41-009415-193 DATE : March 18, 2022 ______________________________________________________________________ PRESIDED BY JUSTICE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A , Applicant -and- X , born on [...], 2011 Child -and- C Mother -and- D Father J U D G E M E N T Sections 95(1) and (2) 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 offense and is liable to a fine (sections 11.2.1 and 135 Y.P.A .) [ 1 ] The child is 10 years old. She is entrusted to a foster care family, Ms. E, with her half-brother Y, according to the last order rendered on April 12, 2021. [ 2 ] The Director of Youth Protection (the Director) presents an application for revision and extension of a Court decision. [ 3 ] The Director also petitions the Court with applications for revision and extension in the matter of the child’s sibling Z, Y, A and B .

The parties agree to a joint hearing. [ 4 ] The Director alleges that there is no longer an agreement between the parties concerning the visits and that X , A , Y and B ’s needs require that the frequency of the visits with the mother and Mr. F be reduced to once a month, one parent at a time. [ 5 ] As for the contacts with the father, the Director recommends that the visits take place following the agreement of the parties. [ 6 ] The mother mentions that she does not deserve to lose her kids until their majority.

She disagrees with the reduction of the contacts and wants more visits, at her home. [ 7 ] The father wants to regain custody of his children in six months.

[ 8 ] X wishes to remain in her foster care family. She is happy with the way the contacts are going with her parents. QUESTION AT ISSUE [ 9 ] Is it in the best interest of the child to be entrusted to her foster care family until her majority? [ 10 ] Should the contacts with the mother and Mr. F be reduced in her best interest? THE EVIDENCE [ 11 ] Since the last Court orders, the children remained in their respective foster homes, except for Z who remained in a rehabilitation centre. [ 12 ] X is in the same foster care family since December 2019.

Her brother Y lives with her. [ 13 ] She takes medication for an attention deficit disorder and that has a positive impact at school. She also sees a psychologist. The school has been working very hard with her and there has been a marked improvement in her academic performance and her motivation. [ 14 ] The foster mother explains that she has changed since she is with them. She talks to her a lot now and she is able to show her emotions: she can cry and tells her how she feels. She describes her as a social butterfly. [ 15 ] The child does not really talk about her parents. She will sometimes refer to the past.

She talks about the raid that happened years ago at the parent’s house and also about the violence by saying things like: Daddy threw Mommy on the wall. [ 16 ] The contacts over the phone with the parents can be difficult. The parents are not always in a place where they can talk to the children. [ 17 ] The mother testifies that her daughter saw a neurologist. Also, she believes that she needs a speech therapist. Visits and situation of the mother and Mr. F [ 18 ] Following the last Court order, the couple continued to live together. [ 19 ] There has been no known police intervention since May 13, 2021.

On that day, the police had then to intervene because of verbal conflicts between the couple. [ 20 ] The mother dropped the charges for domestic violence, consequently no charges were pressed. However, Mr. F is still under house arrest for other charges but there is no prohibition of contacts with the mother. [ 21 ] The child has weekly visits with her mother and Mr. F.

She also has one phone or video call per week. [ 22 ] The Director explains that the visits did not take place at the parent’s house because of safety reasons and not because the house is not proper for the visits. [ 23 ] The foster care mother of X and Y testifies that the children enjoy their visits with the mother. [ 24 ] The Director decided to split the parents during the visits for many reasons one being the safety of the social workers. [ 25 ] The foster care mother of A and B testifies that the contacts over the phone are very difficult. The children don’t show much interest.

The parents do not call at the good times and the foster mother have to intervene a lot when she believes she should not. Half of the time the father is not there or coming to the last minute. [ 26 ] The mother will sometimes text the foster mother for pictures or to know if she can buy things for the children. [ 27 ] The children don’t ask for more visits but are happy to go.

However, they have reactions after the visits. [ 28 ] When the visits are canceled, the children are not surprised, saying that the parents are always late. [ 29 ] One social worker explains that she observes that the children act very differently in presence of their foster care family and in the presence of the parents. They are more agitated when the parents are there. They don’t seem comfortable. [ 30 ] The mother says she does not sleep during the video calls. She acknowledges that it is harder with B because she does not always want to talk and wants to watch TV.

However, when she talks, she will ask to see the dogs and the fish. Apart from that, she does not show much interest. As for A he will answer questions if you ask him. He is easily distracted with what is around. [ 31 ] According to the mother, Y will participate, depending if he is in his emotions or not and X , talks a lot. It is going well with her. [ 32 ] There have been a few changes of social workers since the last court order. Some of them left for their own safety, considering the aggressivity of Mr.

F. [ 33 ] He is described as a very short-tempered person and can have aggressive reactions during meetings with the Director. Criminal complaints had to be made by the social workers. [ 34 ] When meetings happen, the Director can’t ever assess the situation deeply. The parents never know why they are coming to meet the social workers.

[ 35 ] The Director suggests that for all the children, except for Z , the visits should be diminished with the parents. [ 36 ] As for the phone contacts, she recommends that they be put on hold. The foster care families are not comfortable to supervise and the social workers have to do it. B never wants to be on the call. The parents seem under the influence sometimes. [ 37 ] The mother testifies that she wants to have more time with her children. She wants them to know she is doing better and considers that the best way to heal is to do it with her family.

She does not understand why it is OK to see Z at the same frequency and not the others. [ 38 ] She recognizes that the foster care families provide a lot for her children. But she still wishes to be their mother and does not believe that she deserves to lose her children until they are 18. [ 39 ] She also believes that the visits can be chaotic but explains it’s a lot of emotions and people. She thinks the visits could be reorganized. She would like to have weekend’s visits from Friday to Sunday. She adds that supervised visits are hard and she does the best she can do in a small room. [ 40 ] About Mr.

F she explains that she knows that deep down inside, he is a good man and he did what he did to her to help and save her. He is calmer and more attentive. She says he is not verbally and physically aggressive. [ 41 ] The mother has a steady job since November 2021. She explains that the social worker does not facilitate the

schedule for the contacts with her children, which make things harder for her. [ 42 ] She stopped her follow up with the CLSC. She feels she was going in circles and did not have anything to say anymore. She also stopped getting help from the [Centre A] but mentions that she can call there if she needs help. [ 43 ] Eventually, she would like to do family therapy and blames herself for what happened. [ 44 ] Her long-term goal is to get her kids back. She believes it’s a work in progress and she wants to make sure it’s perfect before it happens.

During her testimony she explains that she agrees with the placement until their majority if she can stay in their life. [ 45 ] She wants her children to have a bound together. She also wants to be more involved and considers that she does not get all the information that she should have from the Director. [ 46 ] Mr. F testifies to the fact that nothing happened since a year and that there is no violence. He recognizes that his children have traumas and PTSD and take responsibility for it. [ 47 ] He does not agree with the Director concerning his presence during the video calls.

He mentions that he is always present. He thinks that the contacts are too close together since the physical contacts are on Mondays and video calls on Tuesday. [ 48 ] He explains that he can help and reassure his children. As for personal help, he does not believe he needs any since he learns from his mistakes. He adds that he will never touch the mother again. He did it before because he was lost and hurt.

Visits and situation of the father [ 49 ] The father sees his children on a regular basis, under the supervision of the Director. [ 50 ] The Director explains that the father needs to focus on his kids during the visits. He talks a lot about himself, money, friends, or girlfriend. However, he is receptive for ideas to entertain his children. As for example, he once brought homemade spaghetti sauce which Z likes. He tries, but is not consistent. [ 51 ] He has difficulty dividing his attention between his two children.

X often feels left out of the conversations and disappointed after the visits because she does not get enough attention. [ 52 ] The father’s perception is that he did nothing wrong. He always says that he does not understand why he cannot have the children.

He does not understand his children’s needs and the impact of what they experienced. [ 53 ] The Director tried to do one visit at the father’s apartment but there were big reactions from the children. [ 54 ] The Director recommends that the visits should happen once a month and that supervision be gradually lifted. [ 55 ] The father testifies that he did everything he was asked to do by the Director. He believes that he should have his kids back in six months.

He considers they would be better at his home. [ 56 ] Is it in the best interest of the child to be entrusted to her foster care family until her majority? [ 57 ] It is in the best interest of X , Y , A and B to be entrusted in their respective foster care family until their majority.

The maximum delay for their placement is expired and we must ensure them the continuity of care, stable relationships and stable living conditions corresponding to their needs and age on a permanent basis. [ 58 ] They have found security and stability in their respective foster care families. [ 59 ] The mother is not in a position to take back her children but she can still play a part-time role in their life while making sure she does not interfere with their permanent placement. She must accept that she cannot be their main caregiver.

[ 60 ] The father must also accept the placement of X and keep playing his role with her. He has been collaborating with the Director and the visits with his children are going well. He just needs to give X all the attention she deserves. [ 61 ] Eventually, the supervision could be lifted, following an agreement between the parties. [ 62 ] Should the contacts with the mother and Mr. F be reduced in her best interest? [ 63 ] The contacts must be in the best interest of the children.

The decision must also be made in accordance with their own personal situation and needs and with the life plan that is ordered for them. [ 64 ] The evidence shows that all children experience severe traumas from their past life with their parents. The older ones have vivid memories of the violence that was present in their home and show signs of fear. [ 65 ] However, they have seen their parents on a regular basis over the last years and have a bond with them. [ 66 ] The contacts with the mother and Mr.

F need to remain under the supervision of the Director and take place in a neutral and secured environment. [ 67 ] For X and Y a minimum of two contacts per month should permit them to maintain their bond with the mother and Mr. F while ensuring that negative reactions before and after the visits be less present.

The two children live in the same foster care family and even though Y is younger, they should have the same frequency of contacts with the parents. [ 68 ] As for the video contacts or phone call, they should take place minimally twice a month when there are no physical contacts. [ 69 ] A and B , who live together in another foster care family, should have contacts with the parents minimally once a month. They are younger and experience important reactions such as regression. We must ensure that they remain secure and stable in their foster family.

The video contacts or phone call should also be organized once a month, a week that there are no physical contacts. [ 70 ] Since the Court orders are rendered until the children’s majority, it is difficult to predict the evolution of the situation, especially for the younger ones who have been living with their parents for a shorter period considering their age.

The Director will have to monitor closely the situation to make sure the contacts remain in the children’s best interests. [ 71 ] Each child has different needs and the Director must ensure an intensive social follow up to make sure that they get proper services. [ 72 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 73 ] GRANTS partially the application; [ 74 ] DECLARES that the security and the development of the child are still in danger; [ 75 ] REVISES AND EXTENDS the Court order rendered on April 12, 2021; [ 76 ] ORDERS that the child be entrusted to the foster care family of Mrs.

E; [ 77 ] ORDERS that the contacts between the child and her mother be following agreement between the parties and in absence of an agreement, the contacts be in the presence of a third party at a minimum frequency of two physical contacts per month; [ 78 ] ALLOWS contacts by videoconference or phone twice a month; [ 79 ] RECOMMENDS that the contacts be determinate in advance and following a schedule; [ 80 ] ORDERS that the contacts between the child and her father be following an agreement between the parties and that, on absence of an agreement, the contacts be in the presence of a third party; [ 81 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 82 ] ORDERS that a person working for an institution or body provides aid, counseling or assistance to the child and her family; [ 83 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the measures ordered; [ 84 ] THE WHOLE until her majority on [...], 2029. ________________________________ Mélanie Roy, J.C.Q.

Mtre Caterine Caron Attorney for the DYP Mtre Nancy Côté Attorney for the child Mtre Gisèle Tremblay Attorney for the mother Dates of the hearing : October 20, 2021 and January 31, 2022 Judgment signed on : March 18, 2022