2020 QCCQ 14408, 2020 QCCQ 14408

Protection de la jeunesse — 20736 2020 QCCQ 14408 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-033484-189 DATE : January 10, 2020 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION FOR THE CENTRE INTÉGRÉ UNIVERSITAIRE DE SANTÉ ET DE SERVICES SOCIAUX A Applicant and X [1] born on [...], 2014 child and A B parents ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to a fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of an Application filed pursuant to

Section 95 of the Youth Protection Act by a person duly mandated by the Director of Youth Protection ( the Director ) to extend an order rendered by the undersigned on February 20, 2019, entrusting the child to a foster family with other corrective measures for a period of six (6) months. [ 2 ] X, who is five years old, was provisionally entrusted to a foster home in December 2018. The main issues leading to this placement were the mother’s serious alcohol abuse problems and the child witnessing serious conflict in the home between her mother and her own ‘parents’ (her mother and the latter’s husband).

The child’s security or development were therefore declared compromised for “serious risk of neglect” and “psychological ill-treatment” and on February 20, 2019 , the undersigned ordered, as a final measure (sec. 38 YPA) that she remain entrusted to a foster home for six months. This Court order also provided for the mother to have minimally one contact and two phone calls per week with her child. [ 3 ] In May 2019, the Director received a new “signalement” report alleging that prior to her placement, X was sexually abused by a 10 year old cousin living in the home.

Following an investigation, the Director concluded in August 2019 that the child had indeed been sexually abused by the said cousin. [ 4 ] X has remained entrusted to a foster home under various interim court orders since the previous order expired in August 2019. In September, the Court rendered a provisional order removing the provision of minimal contacts between the mother and her child, leaving up to the Director to determine the frequency and modality of said contacts. [ 5 ] The main hearing (sec. 95 YPA) was postponed from September 2019 to today due to the mother’s absence.

[ 6 ] In November 2019, at the Director’s request, the Court provisionally suspended contact between the child and her maternal grandmother unless the child so requested such contacts and they were deemed by the child’s psychologist and the Director to be in her best interest.

There have been no contacts between the two since then. [ 7 ] Today, the Director is first asking the Court to declare the child’s security or development compromised on the additional ground of “sexual abuse”, extend the child’s foster family placement for one year and maintain the previous provisional orders regarding the mother and grandmother’s contacts. [ 8 ] The father remains outside the country and has no contact with the Director. His address and specific contact information are unknown.

By consent, the Court proceeds in his absence. [ 9 ] The mother is aware of today’s hearing and of the Director’s recommendations. She had indicated in recent days and up this morning, either to the youth protection worker or her lawyer, that she would be present. As she has not done so by 11:45, the Court proceeds in her absence. Her lawyer however is present and, in her name, indicates that the mother does not recognize that the child was sexually abused by her cousin.

She wants the child returned to her care as soon as possible although she understands that, having recently returned living with the grandmother and the latter’s spouse, this is unlikely. She wants to maintain regular contact with the child minimally once per week if the situation allows.

Finally, she is not opposed to the Director either suspending or determining the grandmother’s contacts with the child. [ 10 ] At the end of the hearing, the child’s lawyer leaves to the Court’s discretion the issue of “sexual abuse” but otherwise agrees with the Director’s recommendations. [ 11 ] Several reports were filed as evidence. As well, the foster mother, the youth protection worker and the maternal grandmother each testified. [ 12 ] The Court principally retains from the evidence that the child’s situation has not changed significantly since the February 2019 Court order.

Although X is doing well in placement, her mother continues to struggle with the same issues that led to the child’s placement over a year ago. [ 13 ] First, the mother confirmed that she was inebriated at the February 20, 2019 hearing, as suspected. Since then, she has often appeared inebriated at the child’s school, during phone calls and at one recent visit with her daughter.

The mother was clearly inebriated several days in the last week and got into an argument in a hotel and was brought to the hospital and kept overnight due to her alcohol abuse. [ 14 ] She has failed to show up for various random alcohol tests. [ 15 ] X has unfortunately been exposed to her mother’s drinking and recently, she even asked her mother to stop drinking and to drink chicken soup instead.

The child herself remarked that her mother gets angry when she drinks. [ 16 ] Despite these incidents and the various Court orders identifying a serious alcohol problem, the mother continues to deny this issue and has not seriously addressed it. She will state that she attends weekly “AA” meetings but provides no evidence. In any event, her consumption issues persist. [ 17 ] Her behaviour remains concerning also in that she has often been late for visits, difficult to reach and generally secretive about what is taking place in her life.

These situations have had an effect on the child, which led to a provisional order to remove the “minimal contacts” provision and organize contacts according to the mother’s ability to be present and appropriate when she sees her daughter. [ 18 ] The evidence is also clear that X has been having very important reactions after visits with her maternal grandmother. As explained in the undersigned’s previous Court order, X was exposed to severe conflicts and even violence between the adults while living with her mother in the grandmother’s home. X has recently explained that the grandmother used to hit her mother.

Thus, after visits with her grandmother, X soils and wets herself, becomes aggressive with her foster sister, her foster mother’s dog and various objects. X has asked to stop seeing her grandmother. [ 19 ] The latter does not appear to grasp the reasons for her contacts having been stopped. She thinks that the youth protection worker is being unfair and that the foster mother is making false claims for monetary reasons.

It is clear to the Court that more time needs to be spent trying to explain to her why she cannot see the child for the time being. [ 20 ] As for the sexual abuse allegations, they are principally based on what the child has told her foster mother on various occasions. The child was dispensed from testifying about the abuse given her age.

The foster mother explained to the investigating youth protection worker and to the court that the child told her on several occasions that while living with her mother at her grandmother’s home, a ten year old male cousin also living in the home would come into her room at night and touch her in her private parts. This would take place even though she shared her bed with her mother but the latter would not wake up.

When questioned by the worker investigating this report, the mother did not believe that this may have taken place and therefore does not appear to be particularly apt at protecting the child from any further abuse. [ 21 ] The child’s clear and consistent version of events and the absence of reasons for her to make up such a story convince the court that it is more likely than unlikely that she was indeed sexually abused by an older cousin. [ 22 ] X is clearly in urgent need of therapeutic help in relation to everything she has been through. A therapist is even ready and available to start meeting X.

However, for several weeks, the mother has neglected to bring in a signed consent form for this purpose. Consequently, the Court will order that the child benefit from therapy. [ 23 ] It should be noted that future plans for X are up in the air. The mother on the one hand is hoping to have X return to her care as soon as possible but as we have seen, she would need to seriously address her alcohol abuse problems. The Director seems to believe that

the child requires a long-term plan but feels that the child cannot remain in her current home on a long-term basis because of the foster mother’s age, but no other “long-term” foster home has been found.

This unfortunately means that if X does not return to her mother’s care, she will need to be moved from the foster home she has been in for the last year and where she is doing well. [ 24 ] Hopefully things will become clearer in this regard over the next few months. [ 25 ] In the meantime, it is necessary to keep X in placement and hope that her mother gets the help she needs in order to take an active and positive a role as possible in her daughter’s life.

Failing this, it is possible that the Court will be called upon to make a decision that promotes the child’s long-term stability. [ 26 ] The mother needs to act accordingly. [ 27 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 28 ] GRANTS the Application for Extension ; and [ 29 ] DECLARES that the security or development of the child is still in danger including a new ground for sexual abuse; [ 30 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES : [ 31 ] ORDERS that the child be entrusted to a foster family; [ 32 ] ORDERS that the frequency and modality of contacts between X and her mother, be determined by the Director of Youth Protection including supervision for as long as deemed necessary; [ 33 ] RECOMMENDS that the contacts mother/child be minimally once per week as so long as the mother’s personal situation allows it and that the child does not react to the visits; [ 34 ] SUSPENDS the contacts between the child and her maternal grandmother unless the three following conditions are met: • That the child expresses wanting to resume the contacts; • That the contacts are recommended by the therapist; • That the DYP feels that those contacts are in the child’s best interest; [ 35 ] If so, ORDERS that the frequency and modality of contacts between the child and her grandmother be determined by the DYP, including supervision, if deemed necessary; [ 36 ] ORDERS that the frequency and modality of contact between X and her extended family members be determined by the Director of Youth Protection, including supervision for as long as deemed necessary; [ 37 ] ORDERS that the recommendations stemming from X’s trauma assessment be followed through; [ 38 ] ORDERS that the child receive therapeutic services starting immediately and for as long as deemed necessary; [ 39 ] ORDERS the mother not to consume or be under the influence of any drugs/alcohol in the presence of the child; [ 40 ] ORDERS the mother to undergo random drug/alcohol tests at the Director of Youth Protection’s request; [ 41 ] ORDERS that X’s family members not expose her to any verbal or physical violence; [ 42 ] RECOMMENDS that the mother continue to address her alcohol abuse issues; [ 43 ] RECOMMENDS that the mother receive psychotherapy services to continue addressing her difficulties for as long as deemed necessary; [ 44 ] ORDERS that the mother collaborate with the Director, including providing any documents requested; [ 45 ] AUTHORIZES the Director to exchange information with the service providers involved with the family; [ 46 ] RECOMMENDS that the maternal grandmother be met by the DYP and explained the present court order, more specifically concerning the suspension of contact; [ 47 ] ORDERS that aid, counsel and assistance be provided to the child and the family; [ 48 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A for the purposes of the execution of this judgment; [ 49 ] ORDERS the execution of this judgement by any peace officer, if necessary;

[ 50 ] ALL OF THESE ORDERS will apply for a period of one year. _______________________________________ CLAUDE LAMOUREUX, J.C.Q. Signed on January 20, 2020 Me Edith Zavodni Attorney for the Director Me Adrianna Chafoya-Hunter Attorney for the child Me Lilian Stah Attorney for the Mother Dates of hearing : CL/nl September 4, 2019 and January 10, 2020