2020 QCCQ 8184, 2020 QCCQ 8184

Protection de la jeunesse — 206661 2020 QCCQ 8184 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N° : 505-41-009416-191 505-41-009415-193 505-41-009412-190 505-41-009413-198 505-41-009414-196 DATE: July 14, 2020 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1] and [SOCIAL WORKER 2] , Youth protection workers duly authorized by the Director of Youth protection of the Centre intégré de santé et de services sociaux A Applicants -and- X , born on [...], 2009 Y , born on [...], 2011 Z , born on [...], 2014 A , born on [...], 2015 B , born on [...], 2017 Children -and- C Mother -and- D Father of X- and Y -and- E Father of Z, A and B ______________________________________________________________________ MODIFIED JUDGMENT [1] (section 95 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.).

THE CONTEXT [ 1 ] The children are entrusted to their mother according to the last judgment rendered on June 25, 2019. [ 2 ] The Director of Youth Protection asks the Court to revise and extend the last Court order while entrusting the children, except for X, into foster care for a period of one year. [ 3 ] As for X, the Director of Youth Protection asks the Court to entrust him to a reception centre for three months with reintegration into foster care for the remainder of the year. [ 4 ] The parties are in agreement with the measures proposed by the Director of Youth Protection.

THE EVIDENCE [ 5 ] Following the last Court order, the children are entrusted to the mother. Mr. E is still incarcerated. [ 6 ] The mother has a hard time taking care of her five children and the social workers observe that there is a lack of routine and that the house is disorganized and dirty. An educator is involved with the family on a regular basis. [ 7 ] On August 14, 2019, Mr. E is released from prison and goes back to live with the mother. From this moment, the situation improves, particularly concerning routine and structure.

The Director observes that the parents form a team that is more apt to answer the children’s needs. [ 8 ] The mother and Mr. E participate actively in the social follow-up and are open to the recommendations of the different social workers. [ 9 ] As for Mr. D, he does not meet with the social workers and they have difficulties reaching him. However, he has regular contacts with his two children. [ 10 ] On August 29, 2019, an important conflict occurs between the mother and Mr. E.

The incident leads to a police intervention and the mother moves into a shelter. [ 11 ] On September 13, 2019, the Court entrusts provisionally the children to Mr. E. He is able to maintain routine and structure and can count on Mr. D, who is present almost every day to help him out . The children attend school and daycare on a regular basis. [ 12 ] In October 2019, the mother returns to the house. The conflicts between the mother and Mr.

E are still frequent and the police must intervene several times. [ 13 ] Because of their exposition to the conflicts, the children have reactions of fear and insecurity. [ 14 ] On December 3 and 4, the Director visits the house to meet with the parents. The parents are not present and one of their friends explains that he is taking care of the children while they are running errands. [ 15 ] On December 5, 2019, the Director shows up unannounced at the house and witnesses an episode of domestic violence between the mother and Mr. E.

The police needs to intervene once again. [ 16 ] On that day, the Director is informed that during the previous days, the mother and Mr. E were in a motel for 3 days doing drugs as they left the children with a friend. [ 17 ] After this incident, the Court entrusts provisionally the children to foster care. The contacts are scheduled to take place at the mother and Mr. E’s home during the weekends. [ 18 ] On January 31, 2020, the mother and Mr. E mention to the Director that the visits cannot take place at their home anymore since they feel in danger.

The reasons are unclear but have to do, according to them, with the fact that the mother cheated on Mr. E while he was in jail with a very dangerous man who his after them for revenge and money. They agree that the visits take place at the Director’s office. [ 19 ] After that, the visits are supervised by the Director. The social workers observe that during their meetings and even during the visits, the mother and Mr. E continue to insult and shout at each other. [ 20 ] The Director is made aware of new police interventions further to conflicts between the mother and Mr. E.

The last police report was made in June 2020. Moreover, both of them have to answer to criminal charges and the procedures are still pending. Some of those accusations are related to the drug raid that took place at their home in City A described in the last judgment. [ 21 ] On the other hand, the mother and Mr. E participate willingly to the Director’s meetings and are usually truthful about what they are living and feeling. Recently, the Director started a mediation process between them.

[ 22 ] Y and Z are entrusted to the foster care family of Mrs. F. A and B are entrusted to another foster care family. X resides at [the Center A], a reception center. [ 23 ] The aunt, Ms. G has mentioned her wish to become a foster care family. The Director of Youth Protection is trying to organize some visits and will evaluate the possibility of entrusting the children to her. [ 24 ] Since the last Court order, the mother and Mr. E made some efforts to get personal help; unfortunately, they did not follow through with their actions. [ 25 ] They are now thinking about couple’s therapy.

The Director explains that they also need to receive individual therapy to work on their personal issues, particularly self-esteem for the mother and anger management for the father. [ 26 ] The Director mentions that the mother and Mr. E still have open conflicts in front of the social workers during meetings. The Director’s wish is that there are no big conflicts and police interventions during the next six months.

Until that time, the visits with the children should remain supervised. [ 27 ] During the confinement period due to the COVID-19 virus, no physical contacts took place between the parents and the children. Videos calls with the children were put in place. In May 2020, the contacts resumed. [ 28 ] The couple moved to a new house in April 2020.

The Director considers that it is an adequate environment for the children to visit in the presence of social workers. [ 29 ] On May 26, 2020, the Court entrusted provisionally X to a reception centre since he could no longer stay in his foster care family because of his behaviour problems. A few days later, the Court also ordered that all the contacts between the children and the parents be supervised. [ 30 ] Since the placement of the children, Mr. D has been generally absent from his children's lives and did not participate in the social follow-up.

He is present on the last day of hearing and explains that he wants to cooperate with the social workers and wants to be there for the children. B [ 31 ] She is settling comfortably and quickly in her foster care family. Her language is improving very fast. She is being taught to speak more clearly and to stop swearing. She is happy to see her parents during visits. A [ 32 ] He lives in the same foster care family as his sister B. When he arrived at the foster care family, he was shyer and often missed his parents. He has, like his brothers, anger management issues as he can be oppositional and throw tantrums.

The foster care family is receiving help and guidance regarding discipline. Recently, they told the Director that the situation is improving. Z [ 33 ] He is described as a happy and autonomous child. He can be oppositional from time to time and say bad words but mostly, when he comes back from visits with his parents. An evaluation took place following a possible situation of sexual behaviours from another child towards him. The Directors stated that the facts were unfounded. Y [ 34 ] She shows parentified traits and can behave older than her age.

In the foster care family, she can create conflicts with other children and can be oppositional when asked to do a task. She has academic difficulties and needs constant help with her homework. The mother explains that she started the process for an evaluation of a possible ADHD but did not fill up all the papers. [ 35 ] In May 2020, she joined Z’s foster family. Z is happy of his sister’s arrival, however, he is more turbulent since. X [ 36 ] When he first arrived in Mrs. F’s foster care family, he mentioned that he was very comfortable but has demonstrated very difficult behaviour.

In May 2020, X is entrusted to a reception centre. He has settled positively and is showing less opposition and violent behaviour. [ 37 ] He agrees to his placement and wishes to go back to Mrs. F. He feels that the visits with his parents should not take place at home because of the ongoing conflicts. [ 38 ] He oftens asks for his father and finds his absence very hard. [ 39 ] ANALYSIS AND DECISION [ 40 ] The mother and Mr. E have continued to show instabilities in regards to their conflicts and relationship status.

They both had, from a very long time, personal difficulties which they need to address, in a serious way. [ 41 ] On a positive note, they are more open to the Director’s intervention and seem to understand the necessity of protective measures for all the children.

[ 42 ] As for Mr. D, he will have to collaborate with the Director for the sake of his children. Both of them suffer from his absence. [ 43 ] All the contacts between the children and their parents need to be supervised [ 44 ] The children need to know that they are not responsible for their placement. They need to evolve in a calm, stable and nurturing environment which the parents cannot offer for the moment. [ 45 ] With this stated, the Court endorses the measures sought as being an accurate reflection of what is required in the children’s best interests and the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 46 ] GRANTS the applications for protection; [ 47 ] DECLARES that the security and development of the children X, Y, Z, A and B are still in danger; [ 48 ] DECLARES that their security and development are in danger for the new following reason under 38

c) of Y.P.A : psychological ill-treatment because of the parental conflicts; [ 49 ] REVISES AND EXTENDS the Court order rendered on June 25, 2019; [ 50 ] ORDERS that the children Y, Z, A and B be entrusted to a foster family chosen by the Director of Youth Protection; [ 51 ] ORDERS that the child X be entrusted to an institution operating a rehabilitation center for a period of three months; [ 52 ] ORDERS that after the three months, the child X be entrusted to the foster family chosen by the Director of Youth Protection; [ 53 ] ORDERS that the contacts between the children, the mother and Mr.

E be following agreement between the parties in the presence of a third party chosen by the Director of Youth Protection. In the absence of agreement they will take place for a period of one hour and a half every week; [ 54 ] AUTHORIZES the lifting of the supervision between the children and their parents Mrs. G and Mr. E; [ 55 ] ORDERS that the contacts between the children, and Mr. D be following agreement between the parties in the presence of a third party chosen by the Director of Youth Protection, after two meetings with the social worker; [ 56 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 57 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their family; [ 58 ] ENTRUSTS the situation of the children X, Y, Z, A and B to the Director of Youth Protection A for the execution of the present judgment; [ 59 ] THE WHOLE for a period of one year. __________________________________ Mélanie Roy, J.C.Q.

Me Caterine Caron Attorney for the Applicant Me Rosalie Duval Attorney for the children Z-A-B Me Nancy Côté Attorney for the children X-Y Me Gisèle Tremblay Attorney for the mother Me Alissa Provost Attorney for the father, Mr. E Hearing date : July 14, 2020 Date of signature : September 14, 2020