2020 QCCQ 12448, 2020 QCCQ 12448

Protection de la jeunesse — 201388 2020 QCCQ 12448 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003096-185 550-41-003097-183 DATE: March 25, 2020 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner (Plaintiff) and X Y Children and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, 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 offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] During the hearing, the Plaintiff deposited some documents of many pages. At the end of hearings, a synthesis emerges from what was said. The Court does not believe that it is necessary to give a long

summary of the testimony of Mr.

Patrice Pelletier, psychologist. [ 2 ] The testimony is very convincing and all parties were satisfied by it. [ 3 ] During a brief testimony, the parents (father and mother) demonstrated that they love their children. [ 4 ] The father accepts that he has to respect the slow development of his son Y towards him. [ 5 ] Furthermore, he expresses the wish to collaborate with the social worker. [ 6 ] The father believes that he was victim of the domestic violence from the mother (his ex-wife). [ 7 ] However, the mother testified that she was the victim of the father. [ 8 ] The two parties affirm having been victim of domestic violence, without giving more details. [ 9 ] During the hearing, the following documents are filed: - Report for the Quebec Court, Youth Chamber (for

Y) dated September 21, 2019 and prepared by Mrs. [Social Worker 1] (D-11) - Report for the Quebec Court, youth Chamber (for

X) dated September 23, 2019, prepared by Mrs. [Social Worker 1] (D-11) - Complementary Report for the Quebec Court, Youth Chamber (for

Y) dated 2020-02-05 by Mrs. [Social Worker 1] (D-14) - Complementary Report for the Quebec Court, Youth Chamber (for

X) dated 2020-01-05 by Mrs. [Social Worker 1] (D-14)

[ 10 ] The Court, without losing its impartiality, notes that those reports were written with great professionalism, which gave a good

summary of each point to be analyzed. - Psychological Report by Mr. Patrice Pelletier (for

Y) dated 2019-15-04 (D-12) - Psychological Report by the same psychologist (for Y &

X) dated 2020-25-01 (D-13) [ 11 ] These reports are very well documented, give an exact portrait of the actual situation. The analysis is well balanced and the recommendations are reliable and will be strongly considered by the Court during his study of the case. [ 12 ] In her motion regarding X, dated 2019-22-07, the plaintiff alleged those points:

a) Since the last Court order, the child is evolving under the care of his mother;

b) On March 29 th 2019 a report was retain in the situation of the child regarding a situation of serious risk of sexual abuse;

c) The contacts between the child and his father are difficult, notably because the child refuses to see his father;

d) The child shows signs of discomfort and distress during the contacts with the father;

e) The child was submitted to violence from his brother Y, until he was entrusted to a rehabilitation center;

f) The child has started to imitate his brother Y in the wording he uses and in his behaviours; [ 13 ] The mother admits these points. [ 14 ] The father admits paragraphs

a) and b), admits in

part

c) and

d) and takes note of

e) and f). [ 15 ] The mother demands that the Court suspend the contact between X and his father. [ 16 ] On 2019-06-05, in the case of Y, the plaintiff alleged those points:

a) Since the last Court order, the child is evolving under the care of his mother;

b) The mother needed support and coaching in order to offer the best environment possible for the child;

c) The father has supervised contacts with the child every other week;

d) The father is not able to reassure the child when he is disorganized;

e) The child has worrying verbalization towards his father;

f) The behaviours of the child are degrading, notably for the following reasons: i. Defecating in his pants; ii. Nightmares, screams and clicking his tongue; iii. Being overly aggressive, such as biting, throwing things, trying to stab, poking an eye, towards the mother, his brother and the family dog; iv. Violent outburst at the school; v. Persistent inappropriate sexual verbalizations; vi. Persistent sexual behaviours towards his mother, his brother, professionals and at school; vii. Suicidal ideations; viii. Autodestructive behaviours, such as banging his head on the wall and biting himself;

g) The behaviours of the child are more difficult before and after a visit with his father;

h) On April 1 st 2019, a report was retain for a motive of sexual abuse by the paternal grandmother; [ 17 ] The mother admits these allegations. [ 18 ] The father admits a), b),

c) and d), parts of

e) and f), takes note of

g) denies h) [ 19 ] The Tribunal gives a

summary of the procedures before the present hearing. [ 20 ] On September 13 th 2018, Justice Sylvain Meunier rendered this judgment: [6] The measures proposed in the draft agreement are the following: - ORDER that the children be entrusted to their mother;

- ORDER that the contacts between the children and their father be supervised and according to an agreement between the parties concerning the frequency and the modalities, if there is no agreement, that the contacts be every other weekend from Friday until Sunday, at the paternal grandparent’s residence; - ORDER that X and Y receive the services required by their stat; - ORDER that Y receive a psychological evaluation; - ORDER that the parents collaborate with the Director of Youth Protection in order to put an end to the situation compromising the children’s situation; - RECOMMEND that the parents receive the services required by their stat; - RECOMMEND that the father participate in a program in order to develop is parenting skills; - ORDER that a person working for the CISSS[A] offers aid, counsel and assistance to the children and their family for a period of twelve (12) months; [7] The Court is of the view that the measures proposed are such that they would put an end to the endangerment, and that they respect the rights and interest of the children. […] [9] APPROVES the draft agreements signed by the parties on September 13, 2018; [10] ORDERS the implementation of the measures stated therein; [ 21 ] At the second paragraph, page, two, he wrote: 2.

The parties recognize that the following elements warrant the establishment of protective measures; - The children were exposed to a situation of domestic violence; - The situation has impacts on the children; - The child Y has inappropriate sexual language and behaviours; - The child Y is unable to function on a regular basis at school; - The child X is imitating the behaviours of his brother Y; - The father demonstrates some difficulties regarding parental skills during his visits; 3.

The parties agree to participate with the following in order to correct the situation: - Authorize the exchange of information between the different health workers involve in the family; - Ensure that the children are not exposed to conflicts involving adults; - Retain themselves to question the children regarding their visits with the other parent; - Involve themselves in the different services in place regarding the problematic of the child Y; - Take the necessary steps regarding their personal follow-up (emotional, psychological and medical follow-up); - That the father take the necessary steps to improve his parental skills; [ 22 ] It is important to note paragraphs 4 and 5: 4.

The following exhibits are files to support the present agreement and the parties received a copy; - Rapports au tribunal, rédigés par madame [Intervenante 1] (en liasse) - Lettre de monsieur C directeur de l’école A, concernant Y, daté du 3 novembre 2017; - Lettre du Dr.

Hanif Charania, concernant monsieur B, rédigée le 14 novembre 2017; - Lettre de monsieur C directeur de l’école A, concernant Y, daté du 20 novembre 2017; - Rapport sur la mauvaise conduite d’un étudiant concernant Y, daté du 27 février 2018; - Grille de collecte de données / Fiche d’observation de l’organisme A, datée du 29 juin 2018 au 24 août 2018 (en liasse); - Rapport d’évaluation des capacités adaptatives et des difficultés d’adaptation de l’enfant Y, rédigé par le psychoéducateur [Intervenant 2] en date du 17 juillet 2018;

- Notes du personnel scolaire concernant Y, du 10 novembre 2018 au 18 avril 2018; - Mesures volontaires (en liasse) 5. The parents admits the fact described in the reports and in the exhibits, conditional to the following comments: [ 23 ] As for the draft agreements signed, it reads as follows: 6.

THE PARTIES AGREE ON THE FOLLOWING MEASURES: ENTRUST the child to his mother; ORDER that the contacts between the child and his father be supervised and according to an agreement between the parties concerning the frequency and the modalities, if there is no agreement, that the contacts be every other week for a duration of two (2) hours; ORDER that Y receive the services required by his state; ORDER that Y receive a psychological evaluation; ORDER that the parents collaborate with the Director of Youth Protection in order to put an end to the situation of compromission; RECOMMEND that the parents receive the services required by their state; RECOMMEND that the father participate in a program in order to develop is parenting skills; ORDER that a person working for the CISSS[A] offers aid, counsel and assistance to the child and his family for a period of twelve (12) months; 7.

Each

partie is free and informed went giving their consent to the present agreement and declare having the opportunity to consult a lawyer; […] [ 24 ] All the parties admit at paragraph 4 “ The following exhibits are filed to support the present agreement, including the reports written by Mrs. [Social Worker 1] on which Justice Meunier gave a brief

summary at paragraph 2 of his judgment. [ 25 ] In D-1, Mrs. [Social Worker 1] indicated: This report recalls X’s situation for which protection measures are applied since December 13 th , 2017. An agreement on voluntary measures was signed by his parents to ensure his protection regarding main paragraph,

article 38c, a situation of psychological ill treatments (exposition to domestic violence causes by the father). We are involved with X’s family as the Director of the Youth Protection has received different reports concerning his family. On May 11 th , 2018, the Director of Youth Protection seized the Youth Chamber and a temporary order was issued until September 13 th 2018 where X and his brother have supervised contacts with their father one weekend in the month and a two hours visit once a week. [ 26 ] About Y: Y needs to continue receiving help and support for his current state.

We will suggest child/parent psychotherapy at one time when the parent will feel ready. And for Y, a trauma focussed cognitive behavioural therapy, could also help. We also question a possible intake of medication for the time being to allow him to be more open to learning and to using positive social strategies. As for his recollection of his past, when Y’s verbalizations recalls a time where he says to have seen his mother being assaulted by his father, and his need to imitate his father, both are rather worrisome.

Hopefully his therapist will be able to work with Y regarding his fears and thoughts related to those issues. Y’s distress is real and needs to be addressed. His family environment whenever he’s with his father or his mother needs to offer structure, routine and an appropriate emotional response to his needs. Because of what Y told us about his father being rude to his grandmother imitating him, we question if that environment is responding well for the moment to Y’s needs. When they report that there are no concerns with Y we question whether or not they give in to his demands thus avoiding major reactions.

We believe that they should maintain contacts with their grandson but not for a whole weekend. They could have a few hours visiting alone with him without the father. Will a temporary reduction in the contacts between Y and his father be therapeutic or will it contribute to feeding Y’s thoughts of his father as being the “bad guy” the “person he can’t trust”? We are unsure. What we know is that Y is not well emotionally and psychologically and when a six years old talks of killing others, pets or himself and when he says that he wants to be violent exactly like his father one day, we are very concerned.

As for X we urged his parents to remain vigilant when he plays with Y. [ 27 ] After this analysis, it is clear for the Tribunal, that the domestic violence by the father was present even if the “draft agreement” does not precise this point. [ 28 ] In paragraph 2 written by Justice Meunier, it is clear and no

partie can put this in discussion. [ 29 ] For the Tribunal, it is much surprising that the father saw himself as a victim of domestic violence in the past. On this point, the father have to work on a deep reflection.

[ 30 ] In the psychological report dated January 25, 2020, the Tribunal retains: Globally, the psychological assessment of M. B does suggest longstanding vulnerabilities that could interfere with his ability to cope with stress, reduce his self-awareness and empathy, diminish his accessibility for the children. Again, it is very likely that the family experienced ongoing stress that could certainly disturb the socioemotional development of a child. It is also clear that M. B’s disponibility to Y may have been affected by the family stress.

The assessor considers that the father has limited insight into his problems and showed only practical understanding of the child’s experience. It is unclear if the father had any problematic aggressive behaviours in his childhood that would raise the issue of possible genetic problems for Y. M. B aggressiveness in his past personal history seems to have been appearing and justified by environmental factors. Finally, M. B seems to take little responsibility for the family’s situation and his possible contribution to the problems. [ 31 ] On May 15, 2019, the Court entrusted Y to a readaptation centre.

The modalities of contacts were to be supervised according to an agreement between parties. It was agreed that the contacts between the child and his father would be suspended until the next Court hearing (October 4 th ). [ 32 ] During this time, X continues to live with his mother and to visit his father. [ 33 ] On October 4 th , the Court begins the hearing and continues on November 28 th because her orders a psychological evaluation of all members of the family as the first evaluation was relatively only for Y.

The statu quo was maintained. [ 34 ] On November 28 th , the Court has to postponed on February 5 th because the psychological reports were not available. [ 35 ] In his report, dated January 5, 2020, about the situation of Y, Mrs. [Social Worker 1] wrote: Y is now 7 years old. He is a bright little boy and he has a lot of imagination. He loves cars and he can name almost any models. He is very astute, and he loves to laugh. He loves arts and crafts, gardening and going to museums. Y hasn’t received any diagnostic apart from having an insecure attachment to his mother.

He was medicated for a little while but his mother found he had too may side effects that made his mood swings worst. Y has received services from 2 psychiatrists, a psychotherapist, a home educator, services from a women’s shelter and interventions from the DYP worker on emotional management. Y is reported to have progressed in some areas at the centre. He no longer defecates in his pants. He used to do so many times in one day. He also is able to follow a routine, and he has learned to trust the educators in the centre. However, he still demonstrates a great deal of anxiety and hypervigilance.

He still has inappropriate sexual behaviors towards his peers and the staff at the centre. The psychologist of the re-adaptation centre has tried to assess him for his cognitive development but she wasn’t successful. Y demonstrates too much disorganisation when it is time to work with him.

The evaluation hasn’t been completed. [ 36 ] But, on February 5 th , the Court learns from the psychologist that Y is hospitalized at Pierre-Janet because at the Rehabilitation centre, Y put a plastic knife at his throat and did a gesture as to cut his throat. [ 37 ] On the same day or the next one Y will probably return to the Center of rehabilitation. [ 38 ] In the present case, for the Court, the parents have to become “real parents” for their children.

The parents are the first persons responsible for the discipline, the education, to give answers at the need of their children; it is not the responsibility of the grandparents. [ 39 ] The right way to do this, is that the parents inform the grandparents that they cannot impose themselves in the life of the family. [ 40 ] On page 53, the psychologist wrote: Globally, the psychological assessment of M. B reveals that his wife and him have been taking a significant place in Y’s family life.

The description suggests that they were exerting much influence, providing sense of direction and structure to two parents who themselves are presenting with rather unassertive and passive-submissive interpersonal personality features. Such an involvement is likely to translate into specific expectations in terms of family values, attitudes, goals, and so on that are not necessarily meeting the parent’s desires. It is clear also that this was taking place in a context of significant conflictual relationships with the extended family of the mother.

This has likely been a contributing factor for the family’s breakup. The assessment of M. B also confirms how his wife and him could have had a significant, continuous influence on their son’s life and maintain a biased and polarized view of the problems.

The assessor is of the opinion that the involvement of the family has maintained the father in an unassertive, likely rather self-centered lifestyle in which he has difficulty to mentalize his own view of problems and take responsibility for his actions. [ 41 ] It is the same when the psychologist describes the role of the grandmother paternal (p. 56). [ 42 ] The father has to put an end to this significant continuous influence from the paternal grandparents. [ 43 ] Also the expert, with a long professional experience, met D (mother’s sister), E (maternal grandmother) and F (maternal grandfather). [ 44 ] He noted that the maternal sister and parents are also reporting negative talk from Y about the father and the paternal grandfather.

They admit disliking the father. [ 45 ] Consequently, the mother has to take distance from their opinions. [ 46 ] The Court supports entirely the opinion of Mr. Pelletier when he wrote, in his report: The assessor finds that because of polarized positions and discrepancies in information, there is an apparent process of “accumulation” of evidence to demonstrate or identify the past wrong doings and find the individuals responsible of such wrong doings. This appears very counterproductive and detrimental for the children.

[page 61] [ 47 ] The Court calls the parties with regards to the future for the best interests of Y and X. [ 48 ] The parental figure has to be perceived by the children as stable, predictable, and also capable of giving attention and affection. [ 49 ] If the parental figure is absent, the children will develop a problem of loyalty between the parents and grandparents. [ 50 ] The parents must build the trust of the children in the caregivers’ ability as to meet their needs of protection.

This point aims firstly to the situation of Y. [ 51 ] At the outset, an allegation of sexual abuse from Y towards his grandmother, was analysed by the Director of Youth Protection. Without reason, this point was withdrawn by the plaintiff. Y, according to the expert presents personal conditions that predispose him to poor self-regulation and self-control.

For him : all is good, all is bad. [ 52 ] Currently, he has the tendency to polarize the position as being that the father was the inadequate perpetrator and the mother the innocent victim. [ 53 ] It is not surprising that he can see his father as a monster. [ 54 ] The judicial experience of the judge shows that a husband can abuse physically his wife but not his child. [ 55 ] It is also right to say that a parent who abused physically a child in the past can be or become an abuser all the time. [ 56 ] So that everyone understands the importance of questioning the negative impact of their actions and words regarding the passed situation that Y had experienced, nothing better than to quote Mr.

Pelletier: Also, and of upmost importance, it should be expected from both parents (including extended family) that they will get involved in a structured introspective process to become aware of their contribution to the child’s situation, their personal weaknesses as well as the need for the child to be clearly reassured, through trust for the other persons he loves, that it is permitted for him to love anyone in his family.

When the child is presenting negative views of other caregivers, he should be reassured and the assisted in finding ways to cope with his preoccupations. [ 57 ] Y needs that all members of his family get involved in this process so that this disastrous situation may improve. [ 58 ] The Court shares the expert's opinion that the time has not come to start processing again with the PTSD treatment. [ 59 ] On the other hand, Y could benefit from the services offered by the [Centre A]. [ 60 ] As for Mrs. [Social Worker 1], she describes X’s situation in her complementary report, as follows : X is now 4 years old.

He attends daycare on a daily basis. He has a normal physical, psychological and intellectual development like any other child in his age group. However, his emotion development is concerning as he has been exposed to his older brother’s aggressive behaviours and his inappropriate sexual behaviours. This has had an impact on X. He has also been verbalizing the same words used by his brother to describe his father. He acts as if he has the same memories of this older brother towards his family’s situation. [ 61 ] Furthermore, according to her, Mr.

B has progressed in his way, he now interacts with X. [ 62 ] Suspend contacts that are already taking place would rather cause prejudice to X. During these contacts, the father needs to show his son that “Dad is Dad” without upsetting the child. Also, it is important that the father and his son, have activities just the two of them alone. [ 63 ] As for the contacts between the father and Y, the expert specifies that they could be happening and that if they are, they should not be too long at the beginning [ 64 ] In addition, these contacts must be structured and observed.

The father must plan the activity so that he will able to leave with Y if this one says no. [ 65 ] Y must rebuild his relation with his father who will have to respect his child current path, as now the father is either a “dad”, a “friend’ or a “monster”. [ 66 ] Step by step, the father must, gently, make his son understand and accept that “a Dad is a Dad”. [ 67 ] At this point at last, the Court notes that the expert mentioned the collaboration of the mother with the mother's collaboration with the various social workers and according to his expression she “is willing to”. [ 68 ] THEREFORE THE COURT : [ 69 ] GRANTS the motions; [ 70 ] DECLARES that the security and the development of the children are still compromised; [ 71 ] REVISES AND EXTENDS the decision rendered on September 13, 2018, by the Honourable Sylvain Meunier; In the case of Y

[ 72 ] ORDERS that Y be entrusted to a rehabilitation centre for a period of six (6) months, with reintegration at the mother’s place, if the situation permits after two (2) months; [ 73 ] ORDERS that the contact between the child and his mother be according to an agreement between the mother and the social worker; [ 74 ] ORDERS that the contact between the child and his father will be supervised following an agreement between the father and the social worker while respecting Y’s interest and progression path. [ 75 ] ORDERS that the mother receive services she requires (psychotherapy); [ 76 ] ORDERS that father receive services he requires (therapy related to the domestic violence and its impacts on children); [ 77 ] ORDERS that the child receive services he requires (neurological and psychological assessments and a psychological follow- up) as requested by the health professionals; [ 78 ] ORDERS that the parents collaborate to the writing and the application of the intervention plan; [ 79 ] ORDERS that a person working for the Centre intégré de santé et de services sociaux A provide aid, counsel and assistance to the child and his family for a period of 12 months; [ 80 ] ENTRUSTS the situation of Y to the Director of Youth Protection who shall then see that the measures are carried out; [ 81 ] ORDERS the execution of the present judgment by a peace officer. [ 82 ] ORDERS any person concerned by the present judgment to comply with it.

IN THE CASE OF X [ 83 ] ENTRUSTS the child to his mother; [ 84 ] ORDERS that the contact between the child and his father be according to an agreement between the father and the social worker, while taking into account the mother’s comments; if there is no agreement, the contacts will be supervised; [ 85 ] ORDERS that the contact between the child and his brother be supervised at all times; [ 86 ] ORDERS that the mother receive services she requires (psychotherapy); [ 87 ] ORDERS that father receive services he requires (therapy related to the domestic violence and its impacts on children); [ 88 ] ORDERS that the child receive services he requires (services from a psycho-educator); [ 89 ] ORDERS that the parents collaborate to the writing and the application of the intervention plan; [ 90 ] ORDERS that a person working for the Centre intégré de santé et de services sociaux A provide aid, counsel and assistance to the child and his family for a period of 12 months; [ 91 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection who shall then see that the measures are carried out. [ 92 ] ORDERS the execution of the present judgment by a peace officer. [ 93 ] ORDERS any person concerned by the present judgment to comply with it. __________________________________ VALMONT BEAULIEU, J.Q.C.

Mtre. Laurin Normandin Counsel for the Director of Youth Protection Mtre. André Nault Counsel for the children Mtre. Claude Dostie Counsel for the mother Mtre. Andrée Caron Counsel for the father Date of hearing: February 5, 2020