2016 QCCQ 11664, 2016 QCCQ 11664

Protection de la jeunesse — 165046 2016 QCCQ 11664 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000117-160 614-41-000118-168 614-41-000119-166 DATE: August 31, 2016 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2002 Y , born on [...], 2007 Z , born on [...], 2012 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A, A district (Quebec) [...] Applicant and A , residing and domiciled in Town A, A district (Quebec) [...] Mother and B , residing and domiciled in Town B, A district (Quebec) […] 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the Court to declare the security or development of Z, born on [...], 2012, X, born on [...], 2002, and Y, born on [...], 2007, compromised pursuant to sections 38 b) 1° iii (for all children), 38 e) 1° (unreasonable methods of upbringing for X and Y), 38 e) 2° (serious risk of being subjected to unreasonable methods of upbringing for Z).

If the Court reaches those conclusions the Director of Youth Protection asks it to entrust each child to a foster home for six moths with reintegration to the mother care (Y and Z); to one of the parents’ care (

X) if the situation allows it, with other measures for a period of twelve months. [ 2 ] The parents are present and represented. They do not challenge the motions and agree with the Director of Youth Protection’s recommendations for the applicable measures. [ 3 ] X and Y are present but all the children are represented. They do not challenge the motions and agree with the Director of Youth Protection’s recommendations for the applicable measures.

The facts [ 4 ] The Court considers the following facts as proven by preponderant evidence. [ 5 ] X admitted the following facts: • She has disclosed that she was victim of physical abuse by her mother; • On May 10, 2016, her mother has punched her on the back of the head with a closed fist; • She has reported that event to her teacher; • In winter 2016, her mother had punched her in the stomach as she was refusing to eat pizza. She had difficulty to breath after the incident; • During fall 2015, she stated that her mother banged her head against a door frame. She was brought to the clinic as she was bleeding.

The youth declared that she had accidentally fallen; • During winter 2014, she stated that her mother has kicked Y; • She stated that her mother was drunk and made Y cry by questioning him on his filiation before kicking him on the leg;

• She stated that her mother hit more rarely her sister Z; [ 6 ] X and Y are fearing their mother when she drinks. Furthermore X stated that her needs are neglected due to her mother’s alcohol abuse. [ 7 ] X and her siblings were placed with a family member and remained placed afterwards given the youth’s declaration. [ 8 ] The mother admitted to drinking alcohol and that her alcohol use had increased over the past months.

However she stated that she mostly had been drinking outside the home. [ 9 ] On May 19, 2016, the foster parents informed the Youth Protection worker that they no longer wanted to care to X as she was defiant, disrespecting the house rules and stayed out at night. [ 10 ] On May 20, 2016, the parents signed an agreement on provisional measures whereby X and her siblings were placed in a foster home. [ 11 ] On June 3, 2016, the Youth Protection worker was informed by the foster parents that X was getting out of hand. She was caught sniffing, smoking weed, stealing and staying out at night.

She was skipping school as well. The foster family was overwhelmed with X’s behaviour. [ 12 ] The parents were notified about the situation. The father was not happy and wanted X in Town B, stating that she was different when she was with him. He asked the Youth Protection to place X in a foster home in Town B (with C). That home is still to be evaluated by the Director of Youth Protection. The mother agreed to send her in a Group Home for her safety. [ 13 ] On June 7, 2016, immediate protective measures were taken and X was placed in a reception center in Town B.

The same day the youth ran away several times. [ 14 ] On June 17, 2016, the Court entrusted X to a rehabilitation center until July 8, 2016. The same day the Court entrusted Y and Z to a foster home until the same date. • The parents [ 15 ] The parents separated in 2011. The three children reside with their mother in a three bedroom house in Town A. The mother’s brother lives with them. [ 16 ] The father lives in Town B with his spouse and her three boys in a one bedroom apartment.

He works in a pro shop and makes material to provide for the family. [ 17 ] On June 23, 2016, the Youth Protection worker met with the mother. The mother updated on how she was trying to book appointments for herself, to see the NNADAP worker and the psychoeducator for parenting skills. She seems motivated to correct her situation. [ 18 ] The father has recently been trying to get involved with his children. • The children • X [ 19 ] She is the first born child for the mother. The father has other children from previous relationships. X will be repeating grade 6 given the whole situation of abuse.

X has fear of her mother and does not want to return to the mother’s home. [ 20 ] She has been resistant to counselling. She has been seeing the psychologist in the past year at least twice due to her behavioural issues. • Y [ 21 ] He is eight years old. He is very active and enjoys playing with his friends. [ 22 ] He has many medical issues relating to his speech and his eyes. He has a speech delay and has support from an educator. • Z [ 23 ] She is still in daycare and is slowly adapting to her foster home. She is healthy and talkative. She is too young to understand her family’s situation.

Decision [ 24 ] Given the evidence as a whole the Court concludes that the evidence is preponderant that the security or development of all children is compromised pursuant to the Youth Protection Act . [ 25 ] The mother acknowledges that her alcohol consumption has to stop because it impacts her children’s situation. As for the father he is trying to get involved in his children’s life. [ 26 ] The Court concludes that the Director of Youth Protection’s recommendations for the applicable measures are reasonable, appropriate and in the children’s best interest.

For these reasons the Court: [ 27 ] Grants the motions; [ 28 ] declares that the security or development of Z, born on [...], 2012, X, born on [...], 2002, and Y, born on [...], 2007, are compromised pursuant to sections 38 b) 1° iii (for all children), 38 e) 1° (for Y and

X) and 38 e) 2° (for

Z) of the Youth Protection Act ; [ 29 ] orders that Y and Z be entrusted to a foster family for a period of six months with a possible reintegration with the mother if the situation allows it; [ 30 ] entrusts X to a foster family for a period of six months with a possible reintegration with one of the parents if the situation allows it; [ 31 ] orders the following measures for a period of 12 months; [ 32 ] orders the father to actively involve himself in the daily organisation of the routine and structure of X; [ 33 ] orders X to engage with a NNADAP worker; [ 34 ] orders that a person working for an institution or body provides aid, counsel and assistance to the children and the family; [ 35 ] Orders that Y receives all health care and services required by his condition; [ 36 ] Orders that X receives all health care and services that her situation requires such as counselling; [ 37 ] Orders X to collaborate with the Director of Youth Protection; [ 38 ] Takes judicial notice of the mother’s consent and orders the mother to continue her follow-up with a community worker, her therapist Nicolette de Smith and the NNADAP worker for her personal issue; [ 39 ] orders that the contacts between the mother and the children occur minimally one week-end per month and those contacts will be supervised by the Director of Youth Protection as for the modalities; [ 40 ] orders that the contacts between Y, Z and the father be supervised by the Director of Youth Protection for the frequency, modalities and length; [ 41 ] orders that the contacts between X and her father occur upon agreement between both of them; [ 42 ] orders the parents to collaborate actively with the Director of Youth Protection; [ 43 ] orders the father to involve himself with his children; [ 44 ] encourages the contacts between the siblings all together; [ 45 ] Orders the police force to collaborate to the execution of this order; [ 46 ] entrusts the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.Q.C.

Me Camille Champeval, attorney for the Director of Youth Protection Me Constantin Kiryakidis, attorney for the children Me Michel Grenier, attorney for the mother Me Myriam Gaudreault, attorney for the father Date of hearing: July 8, 2016