2019 QCCQ 15973, 2019 QCCQ 15973

Protection de la jeunesse — 1910379 2019 QCCQ 15973 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001900-155 DATE: April 16, 2019 (written judgment rendered on October 10, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2007 [SOCIAL WORKER 1], Youth Protection worker, duly authorized person by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B , presently detained at A Detention Center, [...] Father ______________________________________________________________________ JUDGMENT (Section 95 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 (DYP) asks the Court to revise a decision rendered on May 23, 2018, regarding the child X, born on [...], 2007. At that date the Court declared the security and development still endangered and entrusted the child to a foster family until February 28, 2019. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and suggests that the child be entrusted to the foster family of Ms. and Mr.

C in Town A until the age of majority. Position of the parties [ 3 ] The mother is present and represented by Me Tommasel. She admits most of the allegations, and she agrees with the measures. [ 4 ] The father is absent, but represented by Me St-Amand. He admits some of the allegations, and he agrees with the measures. [ 5 ] The child is present and represented by Me Jennis. She admits most of the allegations, and she wants to be in Town B. History of the situation [ 6 ] On March 27, 2015 , under a provisional order, the child was entrusted to a foster family. [ 7 ] On May 20, 2015 , an application under

section 38 of the Youth Protection Act (YPA) was submitted to the Court. The mother was detained because of charge of murder. The father was the principal caregiver for the previous years, but he has alcohol consumption issues. In November 2014, he was arrested and detained. X was entrusted to her paternal grandparents. While she was there, she was sexually abused by a third person. In December 2014, the parents reached a voluntary measures and she came back with her father. Unfortunately while he was drinking he made X babysat by intoxicated person. He deeply loves his daughter, but he has to address his issues.

The Court declared that the security and development of the child were endangered [1] and entrusted her to a foster family until May 31, 2016. [ 8 ] On May 25, 2016 , the Court was seized with the revision. The mother was still detained. X was entrusted to her aunt, Ms. D until February and because of the conjugal violence at that place, she was transferred to another foster family. Everything is going well there. The father is still struggling with alcohol issues and was detained few times since the last order. The aunt, D remained very involved with the child.

The Court entrusted her to a foster family until May 31, 2017, and ordered that a life plan be prepared. [ 9 ] On May 12, 2017 , the evidence reveals that X remained in the same foster family since the last order (a paternal aunt) and everything is going well. The mother is still detained and the father still has his alcohol issues, but offers a good collaboration to the DYP services. He refuses to entrust a therapy centre, and depends on his family for foods. The father loves his daughter and would like the

best for her. As previously, he was detained many times. X is very close to her foster family. The foster mother is pregnant and frequently has to leave the community. This aspect will have to be closely monitored. The Court maintained X in a foster family until May 31, 2018, and authorized reintegration if possible. [ 10 ] On May 23, 2018 , the Court revised the situation while both parents are detained. X was entrusted to her aunt, Ms. E since January 25, 2017, but quickly after the last decision, it became necessary to transfer her to another one as Ms. E was not available anymore.

X was transferred to few foster families before being entrusted to Mr. and Ms. C in Town A where everything is going well. The Court entrusted her to a foster family until February 28, 2019. Facts [ 11 ] X is entrusted to C’s family for two years now. According to them everything is going well and they would like to take care of her until she reaches her majority. She is also doing very well at school, and she loves practising traditional activities with her foster family. [ 12 ] She was there with her three biological cousins who were adopted by their common grandparents.

The DYP knows that it’s difficult for the four children to be far from Town B. [ 13 ] In March 2019, X and her cousins made some allegations saying that they would be ill-treated by the C’s. The situation was evaluated, everything seems to go well, but the children did not want to go back to this family. The DYP entrusted them to an emergency foster family. [ 14 ] The foster parents were very sad of the situation and scared to lose the children.

A family meeting was organized, X was very happy to see them and came back with them the same day. [ 15 ] The DYP keep an eye on this situation and meet the children at least once a week. Following those events, two children left the house, so X stayed there with only one of her cousins. [ 16 ] Many times, the DYP worker asked her if she feels safe and happy and she always answered yes, except the day before the Court hearing, following her meeting with her lawyer. [ 17 ] The paternal grandfather and the paternal aunt would like to foster X.

The DYP evaluated the aunt, but as she lives with the grandfather who has a sexual abuse history on minors, as she just gave birth, as she is only 21 years old and she will foster soon another child, the DYP does not consider that it could be safer to entrust X there. The DYP suspects that the grandfather put pressure on his daughter for her to foster X. [ 18 ] The DYP planned to ask for a majority placement, but because of the fragility of the situation, only a one-year placement is requested.

During this period, the frequency of the home visits will be increased to see if it could help to stabilize the situation. [ 19 ] For the last three years, it had been difficult to organize access in Town B and there were always crises when it was time to come back. The two or three last visit went well, so the worker has confidence that it could be manageable. [ 20 ] Questioned about the reason why the child is not fostered in Town B, the DYP worker explains that actually 14 children from Town B are waiting for a foster family.

For sure, if one would be available, the DYP would have entrusted X in a family in this community. [ 21 ] The duration of the visit depends on the capacity of the foster family who receive X and her cousin. As they always travel together to avoid jealousy, it’s requesting a lot for this family. [ 22 ] X is a very social and bright young girl. She expresses herself in Inuktitut, English and French.

Also, she knows how the system works and the DYP suspect her and her cousins to manipulate it with allegations. [ 23 ] She suffered from many traumas (detention of her mother for murder, sexual abuse, the death of her grandmother and her cousin in the fire of their house and many foster families), but she is very resilient. [ 24 ] The mother was released following her trial. She came back in the community in October 2018.

She is not involved at all in her daughter’s life, and she agrees with the majority placement. [ 25 ] On March 11, 2019, the mother was arrested and detained again for an assault on a youth. [ 26 ] The father is actually detained, but even in jail, he maintains frequent contact with his daughter. Analysis [ 27 ] The situation of X remains endangered. [ 28 ] The actual situation is very questionable and it will have to be closely monitored by the DYP.

Even if, obviously a long-term placement would be premature actually, X will have to be stabilized soon to respect the prescription of the law and the maximum period of placement. [ 29 ] X misses her family and it’s totally understandable. Steps should be taken to facilitate access with the extended family and to support the foster family who receive the children during the home visit. [ 30 ] The home visits should take place as frequently as possible and not only when the file is fixed for hearing. Those periods raise stress to everyone and it’s not ideal to share quality time.

Doing so, a minimal frequency will be imposed.

FOR THOSE REASONS, THE COURT: [ 31 ] GRANTS the application; [ 32 ] DECLARES that the security and development of the child X, born on [...], 2007, are still endangered; [ 33 ] ORDERS that the child be entrusted in a foster family; [ 34 ] ORDERS that the parents report in person or by phone, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 35 ] ORDERS that the parents remain sober in the presence of the child; [ 36 ] RECOMMENDS that the parents seek help through Social Services concerning their alcohol and personal issues; [ 37 ] ORDERS that the contact between the child and the extended family be encouraged, facilitated and the modalities, the frequency and the degree of supervision are determined by the Director of Youth Protection, with a minimum of frequency of once every month; [ 38 ] ORDERS two contacts of the duration of two weeks during the summer; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and the foster family; [ 40 ] ORDERS that the foster family benefit from the services of an external educator, at least once every two weeks; [ 41 ] ENTRUSTS the situation of the child X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 42 ] ORDERS the police to collaborate to the execution of the enactment; [ 43 ] THE WHOLE until April 30, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Caroline Daniel, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the child Me Angèle Tommasel, attorney for the mother Me Félix St-Amand, attorney for the father Date of hearing: April 16, 2019