2020 QCCQ 8181, 2020 QCCQ 8181

Protection de la jeunesse — 206635 2020 QCCQ 8181 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000606-204; 614-41-000605-206; 614-41-000607-202 614-41-000609-208; 614-41-000608-200 DATE: November 9, 2020 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2005 Y, born on [...], 2006 Z , born on [...], 2008 A, born on [...], 2009 B, born on [...], 2011 Children and C, residing and domiciled in [...] Mother and D , residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 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 offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) submits five applications to the Court seeking declarations that the security and development of X, Y, Z, A and B are in danger because of the parents’ neglect in their supervision, and for X, Y and Z also because of their serious behavioural disturbances. (Subparagraphs 38( b )(1)(iii) and (

f) of the Youth Protection Act ( Y.P.A. ). [ 2 ] At the hearing, both parents were present and assisted by counsel (Mtre Marie-Josée Ayoub for the mother, and Mtre Michel Grenier for the father). Mtre Yan Massé represented the children, and Mtre Magdalena Lempicka represented the applicant. [ 3 ] The parties made few admissions. They agree with the situation of endangerment related to the parents’ neglect but deny the ground of behavioural disturbance. They do not agree with the measures recommended in the reports filed.

They want all the children to be entrusted to the father. [ 4 ] Documents such as previous judgments rendered in 2017 and 2018, school reports, email exchanges between the Director and school principal, and the mother’s release order were filed. [ 5 ] The parents, an aunt, the grandfather and the Youth Protection worker testified. [ 6 ] First, it is important to recall that the parents have had serious alcohol consumption and instability issues for many years and that since 2016, the Director has intervened regularly in the situation of each child. [ 7 ] The grounds for intervention are always the same, that is, alcohol and drug abuse, instability and marital difficulties, to which neglect was added over the years. [ 8 ] Because of the parents’ separation and the fact that, following the placement of the children, the father was living with his parents, the children were entrusted to him in October 2017, on certain conditions.

In October 2018, the measures were maintained for one year. Throughout those years, the father took

part in group therapy.

[ 9 ] As for the mother, she has always consumed substances and has experienced periods of imprisonment. She has always been allowed to have visits with the children when she was sober. [ 10 ] The Director closed the files in 2019, and a few months later, in June 2020, he received new reports concerning the five children because the father was consuming substances abusively again and neglecting his children, and because the older children were developing serious behavioural disturbances.

The mother and father had resumed living together despite the conditions of release that the mother has been subject to since April 21, 2020, prohibiting her from being in the presence of the father or the children. [ 11 ] All these facts turned out to be true, hence the legal proceedings. [ 12 ] The evidence shows that the parents resumed their relationship in 2019-2020 and that they still have marital and violence problems.

The father, who had successfully maintained his sobriety, has relapsed. [ 13 ] On April 19, 2020, the mother, who was intoxicated, went to the father’s home and, through her negligence, started a fire.

Further to this event, she was charged with breaking and entering, assault, and having intentionally or through negligence caused an explosion or fire. [ 14 ] She was arrested and released on strict conditions, including the condition to live at [Center A] in City A and not to be in contact with the father and the children. [ 15 ] Yet, despite these conditions, the father and the mother continue to see each other and consume substances together, and the mother continues to have contact with the children. [ 16 ] All of the children witnessed these events. [ 17 ] The older ones have also started consuming alcohol to the point of intoxication.

The police have had to take X to the Reception Centre a few times to get sober. The adolescent is also very aggressive. The police had to intervene on June 28 following an altercation with his father. [ 18 ] Y takes advantage of her parents’ episodes of substance use to go out and wander, because there is no one supervising her. She disappears for days, and no one knows where she is or in what state. [ 19 ] The child Z consumes alcohol and has been seen intoxicated. He is also violent and aggressive. He has been suspended from school repeatedly because of his violence and his bullying behaviour.

Like his siblings, he often shows up for school starving and is not properly dressed. The children are neglected and do not get the attention and supervision needed from the custodial parent. [ 20 ] The mother acknowledges that she consumed substances every day when she and father resumed living together last spring. She was living with him in his parents’ home. They have been seeing each other again since June. She noticed X’s aggressiveness when he is intoxicated.

She confirmed that X and his father were both intoxicated at the time of their altercation. [ 21 ] The father testified that the last time he saw X drinking alcohol was in June. He also added that X was asked not to go to the school because of his aggressiveness. [ 22 ] The maternal aunt, who was back in the community for six months last spring because of the pandemic, testified about all the times she tried to help her nephews and nieces. [ 23 ] She saw X every two or three days, and she witnessed him consuming alcohol. He came to her home intoxicated a few times. She saw him intoxicated every weekend in July.

The last time was on August 8. He told her about his frustrations with his father, the aggressive feelings he had towards him, his suicidal thoughts, and the feelings of abandonment and loneliness he was experiencing. He came to see her regularly to chat and to eat. [ 24 ] She saw Z just as often and was able to see that he was also consuming alcohol. He also came to see her to eat and to seek comfort because there was no one at home. He complained about the lack of food at home. [ 25 ] The child A visited her every day. He liked to stay at her place because he felt safe there.

Like his brothers, he reacted to his parents’ deficiencies and failures, the fact that they paid no attention to him, and the lack of food and care at home. [ 26 ] A and B stayed with her temporarily when emergency measures were taken. She noted their neglected state as well as their lack of clothing. She went to the father’s home to pick up their belongings. She saw that they were living in the basement of the grandfather’s home, in an undivided room that was very cluttered and messy. The children did not have beds or storage areas.

Because she did not find any clothes there, she took steps to get some for the children. [ 27 ] She is aware that Y spends a lot of time with her friends, at their homes. She is also aware that Y consumes alcohol with them. Y takes advantage of her father’s lack of supervision and disappears for days at a time. The aunt was involved in one of the searches for her over the summer. After having read some of the emails Y exchanged with her friends, the aunt is worried about her. [ 28 ] Ms.

E is also well aware of the parents’ unstable conjugal relationship, their regular consumption of alcohol, and their serious neglect of the children. [ 29 ] She tried to draw the father’s attention to the children’s deplorable state, but he was not receptive and was even intimidating towards her. [ 30 ] He criticized the fact that she is single, and he became angry. She is afraid of him because he does not accept her comments or her involvement.

[ 31 ] She is able to communicate better with the mother and always informed her of her observations following the children’s visits. Despite the mother’s serious substance use problem, Ms. E found her to have greater empathy. [ 32 ] The paternal grandfather, with whom the father and his five children live, testified that his son is no longer consuming substances, that he has given his son a lot of advice, and that he has renovated the house and bought furniture for the children. He has subdivided the basement, and there are just a few walls to be finished.

It seems that the children will have rooms and beds from now on. [ 33 ] The grandfather expressed a lot of attachment to his grandchildren. He has not seen any behavioural disturbances since the older children returned from their provisional placement at the rehabilitation centre. X is no longer consuming substances and goes to school every day. Y respects her curfew and does her homework regularly. [ 34 ] He now lives alone with the grandmother, his son F, and F’s five children.

The other family members have left the home. [ 35 ] Over the last year, the grandfather had some health issues and had to be hospitalized. The grandmother also has health problems. They often go to their camp in the woods. Her son F accompanied them for Goose Break. The grandfather did not report any difficulties experienced by F, but he said that he gives F advice on a regular basis. [ 36 ] The social service workers involved, Mr. [Social Worker 1] and Ms. [Social Worker 2], report that the father refuses to cooperate. They noted that the father minimizes his difficulties, when he does not deny them.

He knows nothing about the children’s outings, whom they spend time with or their progress at school. [ 37 ] The father acknowledges, however, that since X and Y have returned home, with the strict conditions imposed, it has been easier since September 24. [ 38 ] Despite this observation, the Director recommends the placement of the five children – the two older children in a rehabilitation centre and the three others in a foster family. [ 39 ] The two older children were provisionally entrusted to a foster family, but they did not follow the rules there.

The foster parents quickly became overwhelmed by their behaviour. They were subsequently placed in the rehabilitation centre and then provisionally entrusted to the father on September 24 while awaiting this hearing. [ 40 ] The social service worker who provided backup services for [Social Worker 1] also corroborated the father’s resistance, his tendency to minimize, and his lack of empathy for the difficulties experienced by his children.

She noted the mess in the basement, the children’s lack of clothing, the children’s resistance to the social service workers, and the fear experienced by the younger children in the father’s presence. [ 41 ] In September, she had to insist that the father obtain warmer coats for X and A. She had to intervene so that he would visit the children. She saw the father in an intoxicated state on September 18, while he was wandering down the street. [ 42 ] She is aware that the grandfather is renovating the house.

She is aware of his attachment to the children as well as that of the grandmother, but in her view, the state of their heath, and their absences to go to the woods prevents them from taking care of the five children and meeting all their needs. In addition, she believes that over time, the grandparents have stopped informing the Director of the difficulties observed. [ 43 ] The children X and Y testified that they are willing to follow the rules if they are maintained with their father.

They said that the provisional placement of two weeks at the Reception Centre was sufficient to change the way they used to behave. [ 44 ] Unfortunately, Y was unable to explain the last school report concerning an incident that occurred on October 1, when she got mad and refused to do her work. [ 45 ] X testified that he does not drink and that he has attended school regularly, except on September 25, when he was sick. [ 46 ] X and Y explained that they did not follow the foster home’s rules during their placement because they missed their family. [ 47 ] The analysis of all this evidence shows that the parents have serious issues and that their problems have led to many shortcomings in regard to their children. [ 48 ] The father, with whom the children live, has started consuming substances again, and the needs of his children are no longer a priority.

Because the parents’ difficulties are recurrent, the children have developed behavioural disturbances. They follow their parents’ example and consume substances. [ 49 ] Their well-being, the people they spend time with, and their progress at school are no longer monitored. The older children very much enjoy all the freedom this has provided them, and they have taken advantage of it. Their situation has deteriorated. [ 50 ] The children deplore their parents’ conduct when they are intoxicated. Their frustration mounts, and they develop feelings of aggressiveness towards them.

X’s conflicts with his father, Y’s disappearances, the children’s difficulties at school, etc., are evidence of this. [ 51 ] They are more sensitive to the disputes between their parents and to their chronic difficulties. [ 52 ] The parents, for their part, are unaware of the children’s feelings and do nothing about them. [ 53 ] The grandparents love the children and say that they are not suffering from any of the mother and father’s shortcomings. They try to make up for the parents’ deficiencies, but they cannot meet all the children’s needs.

[ 54 ] The Youth Protection Act provides that all decisions made under the Act must be in the interest of the child. Stability and physical and emotional safety are vital for children, whether Aboriginal or otherwise. [ 55 ] The grandfather’s testimony certainly reveals his clear attachment to his grandchildren, but he does not have the objectiveness noted in the aunt’s testimony.

The aunt specifically addressed the difficulties experienced by each of her nephews and nieces, the emotions that they shared with her, and the unmet needs that she observed. [ 56 ] The Director’s intervention is not intended to punish, but to help.

The objectives are to correct the behavioural disturbances noted in the children, encourage and support the parents in identifying their difficulties and seeking help to mitigate them, develop their listening skills and ability to give the children the attention needed to meet their needs, develop a relationship of trust and respect between the parents and the children, and eliminate all forms of neglect. [ 57 ] From the testimony of the father and the grandfather, the Court notes that they ignore or refuse to identify any shortcomings whatsoever towards the children.

The father shirks his responsibility, and the grandfather takes on more than his share. [ 58 ] However, they said that they have done some renovations to the house and have obtained beds for the children. They acknowledge that the behaviour of X and Y has improved since their placement in the centre. They are unaware of the children’s day-to- day, such as why Y has had difficulty at school recently. [ 59 ] The children have no daily routine.

They do what they want, when they want. [ 60 ] The foster families reported that the father and the grandparents were not cooperative while the children were entrusted to them. In August, Y hid at her father’s home to avoid returning to the foster family. [ 61 ] The grandparents and the father did not cooperate with the Director or the foster family when they were looking for her. [ 62 ] The father refuses to cooperate with the Director. He even delayed registering his children for school, saying that it was up to the Director to do so.

He did not maintain regular contact with the children during their provisional placement with the foster family. [ 63 ] In view of the evidence as a whole, the Court finds that the children X and Y have serious behavioural disturbances that have developed as a result of the parents’ negligence in assuming their obligations.

For that reason, the Court orders that rehabilitation services be provided to them until the end of the school year, that it, until the end of June 2021. [ 64 ] The ground of neglect is accepted for all the children, and the three youngest will be entrusted to a foster family. [ 65 ] For Z, it will be necessary to ensure that there will be proper structure in place for him. FOR THESE REASONS, THE COURT: [ 66 ] GRANTS the applications; [ 67 ] DECLARES that the security and the development of the children X, Y, Z, A and B are in danger (subparagraphs 38( b )(1)(iii) and (

f) Y.P.A. for X and Y); [ 68 ] ORDERS the placement of X and Y at the Reception Centre until the end of the school year in June 2021; [ 69 ] ORDERS the placement of Z, A and B in a foster family for a period of nine (9) months; [ 70 ] ORDERS the Director to supervise the visits and contact of the parents with the children with respect to the terms, frequency and presence of a third party if requested; [ 71 ] ORDERS the parents to seek professional help in addressing their alcohol and other substance abuse issues; [ 72 ] ORDERS the Director to provide all the medical and psychological services the children might need; [ 73 ] ORDERS the father to participate in workshops to develop his parental skills; [ 74 ] ORDERS the Director to provide aid, counselling and assistance to the parents and the children for one (1) year; [ 75 ] ORDERS the parents to cooperate actively with the Director; [ 76 ] ORDERS police officers to cooperate with the execution of this judgment if required by the Director; [ 77 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Mtre Yan Massé Attorney for the children Mtre Magdalena Lempicka

Attorney for the applicant Mtre Marie-Josée Ayoub Attorney for the mother Mtre Michel Grenier Attorney for the father Date of hearing: October 5, 2020