2023 QCCQ 2544, 2023 QCCQ 2544

Protection de la jeunesse — 23910 2023 QCCQ 2544 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-001087-201 DATE: February 7, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, 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 [...], 2013 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) has brought an application to extend and review an order concerning the child X, born on [...], 2013. [ 2 ] His siblings Y, Z, C, and D are also concerned by the same application. [ 3 ] Youth protection services became involved in the life of this family due to the serious risk of neglect and psychological ill- treatment related to the exposure of the children to conjugal violence by the father.

The child X has also been a victim of physical abuse by the father. [ 4 ] On December 13, 2021, the Court entrusted the child to a foster family for a period of one year and ordered the application of various supportive measures and services in order to put an end to the situation of endangerment. [ 5 ] The Director once again seeks an extension and review of the situation and asks that the child be entrusted to a rehabilitation centre. [ 6 ] Counsel for the child agrees with that recommendation. [ 7 ] Mtre Laoun, on behalf of the mother, states that the mother agrees with the recommendation.

She is currently in Town A to take care of her mental health and will come back in the community by the end of February. She could not get services in Town B and went to Town A for that reason. She would like her spouse, Mr. E, to be involved in the children’s lives, as she will live with him. [ 8 ] The father was not at the hearing. His last contact with the children was on April 26, 2022. He does not cooperate with the Director. Overview of the situation since the last order [ 9 ] The child was fostered by his maternal grandparents until April 2022. They asked that he be moved to another foster family.

He was placed in the foster family of Ms. F for a month and a half and returned to the care of his grandparents until October 26, 2022. Again the child went back to the care of Ms. F. [ 10 ] On December 5, 2022, the Director took an immediate protective measure for the child. He was entrusted to a rehabilitation centre. Prior to the placement, the child was suspended from school due to verbal and physical aggressiveness. During the suspension, the child was supervised by a worker at the youth protection office. At the end of the day, he refused to return to the foster family and

erupted, becoming verbally and physically violent. [ 11 ] On December 7, 2022, the Court ordered that the child be entrusted to a rehabilitation centre as a provisional measure. [ 12 ] The mother, Ms. A, cooperates minimally and inconsistently with youth protection services. She refuses the services of an external educator and does not want help from social services (CLSC). She acknowledges that she drinks regularly but explains that her consumption is related to the fact she is depressed from not having her children under her care. [ 13 ] She has a new boyfriend, Mr. E. He has an extensive criminal record.

He is currently accused of sexual assault with a weapon against an adult, assault, death threats, and forcible confinement. The mother believes that the accusations are false. [ 14 ] On July 24, 2022, the police had to intervene at the mother’s residence. The father was at an advanced stage of intoxication. He knocked on her door and shouted. He was in crisis and made suicidal threats. He hurt the police officer and tried to run away. He was brought to the hospital for his safety. [ 15 ] On September 23, 2022, the police were called by an individual who said that Mr. E had threatened someone with a knife.

When the police arrived at the family home, they noticed a smell of cannabis. The mother said that Mr. E had a wooden spoon and not a knife. He was arrested for investigation of a breach of conditions. [ 16 ] The father, Mr. B, lives in the [Town B] with his new girlfriend. He refuses the services of the external educator and the CLSC. He has been extremely hard to reach. The father has a long history of violent behaviour. He has not started any follow-up for his anger management.

He has not cooperated and has been very difficult to reach despite the efforts made by the caseworker to communicate with him. [ 17 ] The mother is not living with the father anymore. That means that the risk of exposure to conjugal violence or physical abuse by the father is reduced in her environment. Nevertheless, her new boyfriend Mr. E also has a history of violence. She would like him to be involved in her children’s lives. ANALYSIS [ 18 ] The child needs a structured and secure environment. He has difficulties managing his emotions and requires professional intervention.

His situation and his difficult behaviour cannot be handled by a foster family. [ 19 ] Currently, a return the parents cannot be envisaged until they take steps to address their issues. Their cooperation with the Director is also essential to permit their situation to evolve positively. [ 20 ] The child is waiting for the parents to take themselves in hand and change their situation. He says he misses his parents. [ 21 ] The parents are so inconsistent in their cooperation that the Director requests that certain attributes of parental authority be withdrawn from them.

Currently, the Director has been trying to reach the parents for a few weeks to obtain authorization for health care, an evaluation by a speech therapist, and psychological assessments for the child’s siblings. [ 22 ] According to the evidence, and having considered the efforts deployed by the caseworker to obtain the authorizations, the Court concludes that it is in the interest of the child that certain attributes of parental authority be removed from the parents and granted to the Director.

FOR ALL THE ABOVE-MENTIONED REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] REVISES the order rendered on December 13, 2021; [ 25 ] DECLARES that the security and development of the child X, born on [...], 2013, are still endangered under

section 38(e)(1) and (

c) of the Youth Protection Act ; [ 26 ] ORDERS that the child be entrusted to a rehabilitation centre, chosen by the institution operating a child and youth protection centre, with a return to foster care when the situation allows it; [ 27 ] ORDERS that a return to the mother be allowed if the situation allows it, notably: − if the mother cooperates by meeting with youth protection services on a weekly basis; − if the mother respects a plan for visits; − if the mother receives follow-up from social services for her personal issues; − All of the above, for a period of at least three (3) months; [ 28 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the child is endangered; [ 29 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation;

[ 30 ] ORDERS that the child attend school on a regular basis; [ 31 ] ORDERS that the mother never leave the child alone with Mr.

E; [ 32 ] ORDERS that the parents remain sober in the presence of the child; [ 33 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 34 ] RECOMMENDS that the mother seek help for her personal issues through social services or another resource deemed appropriate; [ 35 ] RECOMMENDS that the father seek help for his drinking and anger management issues through social services or another resource deemed appropriate; [ 36 ] ORDERS that the terms, frequency, and degree of supervision of contact between the child and the parents be determined by the Director of Youth Protection; [ 37 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits at the parents’ residence when the child is present; [ 38 ] ORDERS that contact between the siblings be organized on a regular basis; [ 39 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS it to the Director of Youth Protection regarding health, school, and extracurricular activities; [ 40 ] ORDERS that aid, counselling, and assistance be provided to the child and the child’s family; [ 41 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 42 ] THE WHOLE until February 29, 2024.

Signed in Town C on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Corine Jacquet For the child Mtre Camille Striganuk For the applicant Mtre Ève Laoun For the mother Date of hearing: February 7, 2023