2012 QCCQ 17008, 2012 QCCQ 17008

Protection de la jeunesse — 126186 2012 QCCQ 17008 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT [...] No: 525-41-025831-124 DATE: October 10, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Youth and Family Centres Applicant - and - X Born on […], 2011 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 38 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of October 10, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion by the Director of Youth Protection to have the security and development of the child declared compromised under

section 38 b) 2) and e) 2) of the Youth Protection Act . [ 3 ] The principal facts alleged in support of the Director’s amended motion are the following: • As relevant background information, the situation of the child’s six siblings is subject of several Youth Court judgements since 2008; • Four of the child’s siblings were also subject of Youth Court judgements from 2004 to 2006, including the child’s oldest sibling who was also subject of Youth Court orders from 1997 to 1999; • One of the child’s siblings was subject of Youth Court judgements from 2006 to 2006; • There is a serious risk that the mother does not meet the child’s basic needs, more particularly but not restrictively in that: . the mother has a history of neglect towards the child’s siblings; . the child’s sibling, Y, reported that he was sleeping in the same bed as the child at one point and that the child fell on the floor; . moreover, Y reported that on that occasion, the child had green stuff coming out of his ears; . the child’s sibling, Z, reported that he puts the child to bed at night and that he informs the mother when the child is asleep; .

Z reported that he wakes up at night to take care of the child; . Y reported that he sees bed bugs on his mattress;

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Y has bite marks on his arms and legs; . the mother also has a history of consuming marijuana; . around March 26, 2012, Y reported that the mother smokes marijuana regularly, that she blows the smoke in his face and that she is drunk on beer and wine all the time; . on April 212, 2012, the mother tested positive for marijuana and opiates and she had adultered urine; . on April 19, 2012, when the youth protection worker went to see the mother to request that she undergo another random drug test, the mother was very verbally aggressive with him and she refused to undergo another test; . in addition to all this, the mother has a history of leaving the child’s siblings under the care of inappropriate caregivers. [ 4 ] At the hearing of May 1, 2012, the Director of Youth Protection was asking for provisional compulsory foster care of the child under

section 79 of the Youth Protection Act . This motion was rejected, but the Court granted the motion under 76.1 of the Youth Protection Act and entrusted the child to his mother’s care and ordered that the mother collaborate with DYP and give access to her home and to the child, along with other measures. The next court hearing was set for June 8, 2012. [ 5 ] An amended motion was filed by DYP on May 24, 2012. The Court heard a number of witnesses on June 8, 2012, declared compromised the security and development of the child. The hearing was continued to July 26, 2012.

At that date, the Court ordered the child to be entrusted to the care of his father, Mr. B, until the next hearing set for October 10, 2012. [ 6 ] The Director of Youth Protection recommends that the child be entrusted to the care of his father, Mr. B, for a period of nine months, that the mother undergo a substance abuse assessment, along with other measures and that a social follow-up be provided to the child and his family for a period of nine months. [ 7 ] The mother admits certain of the facts alleged in the motion, but contests the recommendations made by the Director of Youth Protection.

The mother is asking that the child be entrusted to her care. [ 8 ] The mother testifies that she has moved to Town A and that her apartment is adequate to receive her children. The mother says that she agrees to collaborate with DYP and to undergo random drug testing. Furthermore, the mother states that she receives support from her spouse, Mr. C, with whom she started cohabitating in August 2012, to look after the children. [ 9 ] The father admits certain of the facts alleged in the motion and agrees to continue to care for the child.

The father says that he is the main caregiver for the child when X is in his home, as his wife works. Mr. B agrees to collaborate with DYP and says that he has no objections to X having contacts with his mother. [ 10 ] Counsel for the child considers that the measures recommended by DYP are in the child’s best interest. Me Sepinwall considers that the mother is not in a position to answer to all the child’s needs, as that she has not collaborated adequately with DYP. Physical abuse [ 11 ] On June 8, 2012, X's brother, Y, testified that he wanted to return home to live with his mother.

When asked what needed to be fixed in order for him to go home, he answered that he wanted his mother to stop smoking in the house and to stop hitting him and his brothers and sisters. [ 12 ] Y explained that his mother hits him with a belt or with her hands. That she hits him on his hands and his back. Y also explained that he was hit with a spatula and that he saw Z being hit with this instrument. [ 13 ] Y gave examples of when his mother gets angry. For example, when he throws things with his friends or when he goes outside with his brothers when he is not allowed.

He also stated that when his mother sleeps and he wakes her up, she get very angry and hits him. He went on to say that he saw his brothers and sisters being hit on more and one occasion, except for Isaiah and X. [ 14 ] Y says that his mother smokes cigarettes in the house and that she smokes weed on the balcony and in the basement. When she smokes weed, her boyfriend “[...]” is present. [ 15 ] Y reported and explained to his teacher and to the youth worker that he was hit by his mother.

According to the evidence, the child reported quite regular physical abuse by the mother. [ 16 ] In her testimony, the mother admitted hitting Y with a corduroy belt or with an open hand, but only when he had done something wrong. The mother states that she never physically abuses her children. [ 17 ] Y was very credible in his testimony and capable of giving examples of when his mother gets angry. Furthermore, the child wants to return home, but wishes for things to change.

As for the mother, she is impulsive and has had anger outbursts in front of the school authorities and the youth workers. [ 18 ] On April 26, 2012, Ms. D, youth worker, met with X's brother, Z, for a face to face unannounced interview at his school. Z mentioned that his mother is a good mother and that he loves her very much. He reported to the worker that his mother hits him with an open hand so as he will listen. In her evaluation, Ms. D reported the following: [1] Z reported when they misbehave they go to their room.

Sometimes they get “licks” not beatings though (he motioned an open hand) on the hand, wrist, shoulder, back or buttocks, “so they listen” Z reported that his mother is trying to “quit everything”; when asked to clarify, he stated cigarettes. When questioned further as to the

word “everything” he indicated his mother leaves the home to smoke weed. He then stated “it is bad for your lungs”. When asked to clarify what he meant by his mother goes away, he had no answer. [ 19 ] The Court finds from the evidence that the child runs a serious risk of becoming the victim of physical abuse or unreasonable methods of upbringing by his mother. Conclusion [ 20 ] The family has been followed by DYP since 2008 and there have been twelve signalements during DYP's involvement with the family.

Concerns have been regarding neglect, hygiene issues, substance abuse, school attendance and the mother’s instability. Furthermore, the mother's collaboration with DYP has been inadequate, especially since the last Court order. [ 21 ] At the last Court hearing, the mother had her spouse, C, testify and confirm that he helps her with the children. He informed the Court that he has been living with the mother for several months, including at her apartment in Town B. The immigration status of Mr.

C in Canada was not clear and he currently does not work. [ 22 ] This testimony contradicted the mother's who had stated that Mr. C had only started living with her in August 2012. Furthermore, Y confirmed in his testimony that Mr. C, that the children call “[...]”, smokes weed with his mother. [ 23 ] Under the circumstances, it is in the child’s best interest to be entrusted to the care of his father, Mr. B. The evidence demonstrates clearly that the mother is not in a position to provide for all of the child’s needs, including adequate supervision.

The mother must address these issues before X can be returned to her care. [ 24 ] THEREFORE, THE COURT: [ 25 ] GRANTS the motion; [ 26 ] DECLARES compromised the security and development of the child, X, under

section 38 b) 2) and e) 2) of the Youth Protection Act ; [ 27 ] ORDERS that the child, X, be entrusted to the care of his father, Mr.

B, for a period of nine months; [ 28 ] ORDERS that the frequency and modality of contacts between X and his mother be determined by the Director of Youth Protection, after discussion with the parents; [ 29 ] ORDERS that the contacts be extended, if the situation allows; [ 30 ] ORDERS the parents to advise DYP of any contacts between the child and the mother, ahead of time; [ 31 ] ORDERS that the parents collaborate with DYP, meet with the youth workers as requested and advise the youth workers of any change of address or telephone number in a delay of 24 hours; [ 32 ] ORDERS the mother to undergo random drug testing at the request of DYP and TAKES JUDICIAL NOTICE of the mother’s consent to do so; [ 33 ] ORDERS the mother to submit to a psychiatric assessment and follow the recommendations made and TAKES JUDICIAL NOTICE that the mother agrees to undergo a psychiatric assessment and RECOMMENDS this assessment be done by Dr Gill; [ 34 ] ORDERS the mother to refrain from all mood altering substances unless prescribed by her doctor; [ 35 ] RECOMMENDS that the mother avail herself of support and counselling available through her local CLSC; [ 36 ] ORDERS the mother to refrain from all forms of violence, verbal or physical, including threats of physical harm during the contacts with the child; [ 37 ] ORDERS that the Director of Youth Protection be authorized to have access to the child at the home of the father, the mother or at the daycare; [ 38 ] ORDERS that DYP be authorized to make unannounced home visits at the mother’s home; [ 39 ] RECOMMENDS that DYP meet with Mr.

C and RECOMMENDS that Mr.

C collaborate with DYP; [ 40 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with all of the service providers working with the family; [ 41 ] RECOMMENDS that the file of the child continue to be under the responsibility of A Youth and Family Centre and for a worker to be assigned to the mother in the A; [ 42 ] ORDERS that aid, counsel and assistance be provided to the child and his family for a period of nine months; [ 43 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 44 ] ORDERS the execution of the present order by any peace officer.

Signed on December 21, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Nadia Sabik Counsel for the Director of Youth Protection Me Bernard Sepinwall Counsel for the child Me Josée Lefebvre Counsel for the mother Dates of hearing: May 1, June 8, July 26 and October 10, 2012