2015 QCCQ 19479, 2015 QCCQ 19479

Protection de la jeunesse — 154707 2015 QCCQ 19479 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-028308-146 Date: August 14, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother The parent JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 14, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for revision and extension of an order rendered by the undersigned, on December 16, 2014, whereby the now seven year-old child, X , was entrusted to foster care with aid, counsel and assistance, until June 30, 2015. [ 3 ] The facts alleged in support of the motion for revision and extension dated June 26, 2015, are as follows: 3.1. the child is developing well in the foster family of B; 3.2. in December 2014, the mother left for [province A] and stayed absent until the beginning of April 2015; 3.3. during this period, the mother maintained regular contact with the child by telephone; 3.4. also during this period, the mother maintained sporadic contact with the youth protection worker, stating, among other things, that she would marry C in order to provide a stable home for the child; 3.5. at the time of her return to Town A, the mother stated that C would follow soon after, but when he did not arrive as planned, she sent a letter to her therapist in [province A] claiming that she will commit suicide; 3.6. following this incident, the mother stated she would no longer be in a relationship with C, but this relationship resumed soon after; 3.7. also at the time of her return to Town A, the mother stated that she would undergo a psychological assessment, and this was carried out in mid-May 2015; 3.8. this assessment recommends therapeutic intervention and a psychiatric assessment; 3.9. from early April to early June, 2015, four supervised visits occurred between the child and mother; 3.10. in June 2015, the mother left the country again to be with C;

3.11. the mother’s lifestyle remains unstable, and she is not able to adequately care for the child; 3.12. in April 2015, the mother’s former partner, D, obtained an order from the Supreme Court of [province A], granting him joint guardianship of the child, along with the mother; 3.13.

D is willing to have the child entrusted to his care, and agreed to undergo an assessment by the social service agency in [province A]; 3.14. a preliminary positive assessment of D was communicated in late June 2015, with some concern about the mother’s potential involvement, and a final written analysis is expected in the coming weeks (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to a foster home until September 8, 2015, at the latest, and that he then be entrusted to the care of Mr.

D, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother could not be present at the hearing because she is in Japan and the Court proceeded in her absence. [ 6 ] The child’s father is not declared on the child’s birth certificate. However, Mr.

D, the child’s joint legal guardian was a party to the hearing and represented by Me Jillian Levine. [ 7 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Court Report, prepared by [social worker 1], dated July 31, 2015; D-2: Psychological Assessment of Stephanie McIntyre, written by Niki Saros, dated June 12, 2015; D-3: Order made after Application before Master Caldwell, dated March 28, 2015; D-4: SAFE Home Study Report, completed by Martinique Longstaff, on July 10, 2015, regarding the home of D. [ 9 ] On behalf of Mr.

D, Me Levine filed correspondence from the mother confirming her agreement to have the child return to [province A] be entrusted to Mr. D’s care. [ 10 ] In

summary, the evidence establishes that the child was safe and content in his foster home and was thriving academically. [ 11 ] Despite the mother’s stated intentions to take steps to provide a stable home for her child, she is not in a position to have him entrusted to her care. Her plans to move to [province B] with her fiancé have not materialized. On the contrary, their relationship is unstable and both appear to be overwhelmed. [ 12 ] The mother threatened suicide: On April 10, 2015, Dr. Hearn informed the undersigned about mother’s e-mail announcing that she committed suicide because her boyfriend, Dr.

C, did not come to Town A as planned and that he disappeared. She also stated that she cannot bear the pain of losing her son. When Dr. Hearn could not reach Ms. A on her phone, he alerted the Town A police calling 911. Later on that day, the undersigned made contact with Ms. A, who stated that she was alright and would move to her newly rented apartment at […]. This delegate provided mother with phone number of different crisis and help lines in case of need. [2] and her fiancé was hospitalized: When asked about her relationship with Dr. C, Ms.

A stated that he is presently in the emergency room of a hospital for his bipolar symptoms. She did not specify which hospital. [3] [ 13 ] The mother also displayed a lack of sensitivity to the impact on her child of her visits following long periods of absence: On April 24, 2015, this delegate explained to mother that her reappearance in her son’s life may have triggered some unforeseen emotional and psychological reaction, as X started to soil his pants in school and/or at home, even in the bathtub. This is based on Mrs.

B’s [the foster mother’s] statement, who reported that the onset of these types of incidents happened after March 16, 2015 when mother announced her coming to Town A. This worker suggested gradual increase of the visits. Ms.

A rejected the idea and expressed her disappointment on the length and the frequency of the planned supervised visits and stated that she would leave town and give X up for adoption, instead. [4] [ 14 ] The mother’s psychological evaluation provides some insight into the nature of her difficulties and chronic instability: The projective data reveals unfulfilled needs for attachment linked to parental figures and a sense of isolation from others. Ego strength is conveyed, along with limitations in the capacity to modify chronic patterns to choose healthy relationships. Ms.

A characterized her life to have always been chaotic. Although she would like to provide her children with an upbringing different from her own, a generational cycle of relational problems and maternal absence has been repeated. [5] [ 15 ] A possible borderline personality disorder is suspected: Ms. A indicated she has borderline personality disorder, although not formally diagnosed. In the DSM-V, “the essential feature of borderline personality disorder is a pervasive pattern of instability of interpersonal relationships, self-image, and affects, and marked

impulsivity that begins by early adulthood and is present in a variety of contexts.” 10 [DSM-V, pg.663] From the personal history, features of borderline personality may account for impulsive behavior, suicidal gestures, and unstable interpersonal relationships, as well as contributing to problems with decision-making and judgment. [6] A psychiatric assessment is recommended to further assess symptoms, as is a parental capacity assessment and therapeutic intervention: Given the significant psychosocial stressors, therapeutic intervention is recommended to assist Ms.

A to work through emotional barriers that prevent her from integrating emotional experiences and formulating pragmatic plans.

Stability in functioning is considered an on- going risk factor. [7] [ 16 ] Prior to the hearing, the mother decided to travel to Japan and her plans for the future are unknown. [ 17 ] Should she return to [province A] it is recommended that her contacts with the child be closely monitored to ensure that they are in the child’s interest and that she is capable of maintaining consistency in her contacts with the child. [ 18 ] Given the mother’s current inability to care for the child and the positive outcome of Mr.

D’s Home Study Report , as well as the child’s expressed desire to return to [province A] to live with Mr. D, as well as the mother’s consent, the Court is satisfied that the measures recommended by the Director of Youth Protection are in the child’s interest. [ 19 ] The Court notes the child’s positive history with Mr. D, Mr.

D’s ability to nurture his daughters, his attachment to X, as well as his commitment to monitor the child’s contacts with his mother and to seek support services. [ 20 ] As noted in the Home Study : D has demonstrated that he is able to provide a stable, caring home for his daughters and that he is an active, involved parent willing to work with various professionals and supports in order to best meet his daughter’s needs. He is very loving and caring with them and speaks in the same manner with regard to X. He has become emotional multiple times with this worker during this process when discussing X’s absence.

He and his daughter’s miss him a great deal and would be able to provide a safe, caring, stable home for him should he be returned to D’s care . [8] […] X previously lived with D and his daughters; D has been involved in X’s life since he was an infant. While D is capable of caring for and providing for him, there may be some adjustments as X has been out of their home for so long and experienced potential trauma stemming from his mother’s instability, subsequent removal and time in care.

D has mentioned that he is open to working with support services in order to ensure a smooth transition for X ; he has worked with a Family Support Worker (voluntary family supports) previously and found the service helpful. [9] […] Judgment: While D is generally objective and thoughtful with regard to his decisions, he has demonstrated in the past that the trusted A or given her the benefit of the doubt when in hindsight he should not have.

He now recognizes this in himself and while he still speaks positively about her and wants her to be a part of the children’s lives, he understands that he needs to strictly monitor her access to the children in order to ensure that she is well and stable . Given the lengthy history between D and A, it is recommended that should X return to D’s care, that he be given very clear guidelines with regard to monitoring and providing access between A and the children .

With guidance, support and monitoring, D will be able to provide safe access and determine when and if it is appropriate to have access [10] (reproduced with errors and/or omissions) (emphasis added). [ 21 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 24 ] ENTRUSTS the child to a foster home TAKING JUDICIAL NOTICE that the child will remain in his current foster home in Town A until such time as arrangements may be made for him to return to Town B to the care of Mr.

D; [ 25 ] TAKES JUDICIAL NOTICE that the child has been registered and is expected to be attending school in Town B beginning on September 8, 2015 and, consequently, ORDERS that the child remain entrusted to the care of the foster parent in Town A until September 8, 2015, at the latest; [ 26 ] ORDERS that the child be entrusted to the care of Mr. D upon his arrival in Town B no later than September 8, 2015; [ 27 ] TAKES JUDICIAL NOTICE that arrangements have been made with social services in Town B to ensure a smooth transition for the child to the care of Mr. D; [ 28 ] TAKES JUDICIAL NOTICE of Mr.

D’s undertaking to collaborate with social services in Town B; [ 29 ] AUTHORIZES the Director of Youth Protection to communicate with the professionals involved with the family, including

child welfare authorities in [province A]; [ 30 ] AUTHORIZES the Director of Youth Protection to sign consents regarding medical, travel and educational services for the child until such time as he is integrated into the care of Mr.

D; [ 31 ] ORDERS that the child attend school in a recognized educational program TAKING JUDICIAL NOTICE that he is registered to attend school in Town B; [ 32 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection, including supervision if necessary; [ 33 ] STRONGLY RECOMMENDS upon the child’s entrustment to Mr. D that contacts between the child and his mother be determined by child welfare authorities in [province A]; [ 34 ] TAKES JUDICIAL NOTICE that Mr.

D has agreed to benefit from support services in [province A] to ensure a smooth transition for the child to his care and that he has worked with support workers in the past (see Exhibit D-4, p.11); [ 35 ] STRONGLY RECOMMENDS that he do so upon the child’s integration to his care; [ 36 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and his family; [ 37 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 38 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 39 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Jullian Leslie Levine Attorney for Mr. D TD/vl