2015 QCCQ 18887, 2015 QCCQ 18887

Protection de la jeunesse — 154922 2015 QCCQ 18887 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001601-134 DATE: November 30, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2010 [SOCIAL WORKER 1] Applicant and A Mother ______________________________________________________________________ JUDGMENT (

section 95 , Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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.). INTRODUCTION [ 1 ] The Director of Youth Protection of the Cree Board of Health and Social Services A (D.Y.P.) applied, under

section 95 of the Youth Protection Act , [1] for an extension of the placement of the child X, born on […], 2010, until the age of majority. [ 2 ] Mrs. [social worker 1], the applicant duly authorized by the D.Y.P., submitted that the mother improved her situation, as she completed a treatment for alcohol abuse. However, with her long history of neglecting her children, it will be a long process for her to develop the capacity to care for the child.

She also argued that it is in best interest of the child to have an order aimed at ensuring continuity of care and stable living conditions. [ 3 ] The mother, for her part, contested the motion to place her child until she reaches the age of majority. She submitted that she has made important changes in her life and has stabilized her living situation. She believes that she is able to take care of her daughter and wants the child to be returned to her. THE CONTEXT [ 4 ] The child was born on […], 2010, with a diagnosis of trachea-oesophagus fistula. She underwent serious surgery when she was a baby.

She needs special medical care and regular follow-up for treatments. [ 5 ] The child has been in nine different foster homes since her first placement at the age of 34 days. [ 6 ] She has been living with Mr. B and Mrs. C since July 21, 2014. They have created a bond with her and she responds very well to their routine and family rules. [ 7 ] The mother completed a six-week treatment for alcohol on February 16, 2015. She has been sober since that time. She was pregnant and delivered in August. [ 8 ] Currently, she takes care of her newborn and she receives services from social services and a therapist.

She also receives follow-up from a psychologist when the professional is available in the community. [ 9 ] Since the last Court order, the mother has had some contacts with her child. [ 10 ] At the beginning of April 2015, during the Easter week-end, she received the child at her parents’ place. A visit on Sunday morning was allowed by Mrs. [social worker 1]. On Sunday night, she received a text message from the foster mother. The child was still with the mother. She refused to return the child to the foster family.

An emergency worker received a report to the effect that the child was being hit by the foster father. [ 11 ] On April 9, Mrs. [social worker 1] came back to work and was informed that the child had spent two nights with the mother. [ 12 ] The report was assessed, but not accepted. Mrs. [social worker 1] returned the child to the foster family and observed that the

child was very comfortable.

In the presence of the social worker, she asked the foster father to hurry up because they were going out for an activity. [ 13 ] When the child returned to her foster family, she had lice and she had missed her medication during the period she was with the mother. [ 14 ] The foster parents were affected by the situation, but nevertheless still want to take care of the child and have renewed their commitment to be involved until she reaches majority. [ 15 ] Given the facts that the mother improved her situation and had been sober for a few months, the Court asked for an assessment of her parental capacity in order to decide whether or not the child could be returned to the mother in the short term. [ 16 ] Mr.

Pierre Barrette, psychologist from the Centre d’évaluation et d’expertise psychologique A, performed the assessment. [ 17 ] He concluded that the mother is at risk of relapse because of her emotional dependency. His assessment is that she has very limited parental skills and needs intensive support. ISSUES [ 18 ] Is it possible to return the child to the care of the mother? [ 19 ] If not, is it expected that the child will be returned to her family in the short term? [ 20 ] If the Court places the child until her majority, what will be the access rights of the mother with her child?

DISCUSSION AND DECISION [ 21 ] As detailed earlier, X has been in the care of different foster families since a very young age. She is now five. She has been living with Mr. B and Mrs. C since July 14, 2013. All of her needs are being met in this home. They clearly expressed their commitment to care for her until she reaches the age of majority. [ 22 ] Despite the fact that the mother has experienced a period of stability, the assessment of her parental capacity brings us to conclude that her situation is very fragile.

According to the psychologist, the risk of relapse is still present. [ 23 ] In the area of parental skills, the assessment revealed weaknesses that are described as follows by Mr. Pierre Barrette: PARENTAL SKILLS . . . Knowledge about her children’s needs Mrs. A is able to recognize her children’s basic needs. She is also aware of the importance of providing affection. Mrs. A’s main problems are her lack of mobilisation, the absence of self-abnegation and her difficulty to follow-through.

Her past history of alcohol and drug addiction, her difficulty to stay focused on her children’s psychological needs lead to selfish behaviour ( giving priority to her boyfriends instead of her children ). She showed little consideration for her children’s need of attention, affection, security and stability. Attachment / Goodness of fit Mrs. A shows an exceptionally low level of parent-child involvement. The mother is far less aware of and involved in her children’s life and activities; the fact that she is not constantly focusing of her children suggests probable neglect.

Mrs A reports a normal level of satisfaction with being a parent. She says she enjoys parenting and does not unduly regret having so many children even if most of them are placed in foster families. Because she is not capable to provide enough stability and security for her children, Mrs. A is not capable to become a secure attachment model for her children. Empathy Empathy is the ability to imagine or feel emotions of another person. Mrs A understands that her children need to live in a safe environment, but she doesn’t agree with the decision to place them in foster families. From our discussion with Mrs.

A, we observed a significant lack of empathy; Mrs.

A is mainly focused on herself, on her personal objective to have her children back, without considering how her lifestyle, her recent past history of addiction, her behaviours and attitudes can affect her children. . . . [ 24 ] The report also mentioned that the mother will have difficulties setting limits and providing her children with structure consistently and coherently. [ 25 ] Finally, the psychologist identified certain risk factors for abusive or neglectful behaviour. [ 26 ] The Court concluded from this that, although the mother loves her daughter, she is not able to care for her without regular, long- term follow-up treatment for substance abuse and therapeutical help in order to improve her parental skills. [ 27 ] Efforts were made by the mother to change her life.

The Court wants to emphasize her work to regain control of her life.

Unfortunately, the mother has to deal with emotional and behavioural issues stemming from her past that interfere with her capacity to assume parental responsibility on a daily basis. [ 28 ] The child is five years old and has formed a positive attachment to the foster family. She has been in placement on a continual basis since August 27, 2013. [ 29 ]

Section 91.1 of the Youth Protection Act reads as follows: 91.1. If the tribunal orders a foster care measure under subparagraph j of the first paragraph of

section 91, the total period of the foster care may not exceed (a) 12 months if the child is under two years of age on the date the order is made, (b) 18 months if the child is from two to five years of age on the date the order is made, or (c) 24 months if the child is six years of age or over on the date the order is made. When determining the duration of foster care, the tribunal must take into account the duration of any foster care measure applied to the same situation in an agreement on voluntary measures referred to in subparagraph j of the first paragraph of

section 54, as well as the duration of any prior foster care measure it ordered under the first paragraph. It may also take into account any prior period during which the child was placed or provided with foster care under this Act. If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis.

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon.

At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis. [ 30 ] This is a situation where the provisions of

section 91.1 apply. The child has been in placement on a continual basis for well over 18 months. In the Court’s view, none of the exceptions found in the fourth paragraph apply. There is no expectation, based on the evidence, that the child can be returned to the mother in the short term. [ 31 ] The child’s best interest requires that she establish her roots.

She has the right to continuity, stability and permanency. [ 32 ] Consequently, it is incumbent upon the Court to render an order giving effect to the provision of the law, “an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis ”. [ 33 ] This being said, the mother can and should be present and play an important role in her daughter’s life. Not only will regular contacts be encouraged but the mother will also be involved in the major decisions regarding her daughter.

VISITATION RIGHTS [ 34 ] The Court believes that it is necessary to set some guidelines concerning the personal relationship between the mother and the child. [ 35 ] The evidence does not show any reason to have the presence of a third party during the access rights of the mother. She is sober and able to take care of her daughter for short periods of time. The Court will order specific conditions to be respected during the access rights. [ 36 ] The access rights will be the following: The contacts between the mother and her child will be determined by agreement between the parties.

Failing agreement, the contacts will be: − Every two weeks, Saturday or Sunday, between 10 a.m. and 4 p.m. For the Holidays, one day during the Christmas period and one day during the New Year period, between 10 a.m. and 4 p.m.

The contact will be subject to the following conditions: − The mother must be sober at all times during the access rights; − The mother must ensure that the child will not be in the presence of people under the influence of alcohol; − The mother must ensure that the child will not be left alone with the paternal grandfather. [ 37 ] All the parties will have to work within this framework and make every effort to ensure that the access rights are positive for the child.

Under the law, the applicant has the duty to actively provide aid and assistance to the mother, the child and the foster parents, in order to respect the rights of the child to maintain personal relationships with her family.

[ 38 ] The mother has a tendency to complain about the foster family. For that reason, it was difficult to find a foster home that was willing to get involved in the child’s life. Obviously, if the mother attempts to undermine the relationship between the child and the foster parents, it will be necessary to review and possibly reduce the access rights. [ 39 ] The best interest of the child lies in building a strong attachment with the foster parents and in maintaining positive contact with her mother.

FOR THESE REASONS, THE COURT: [ 40 ] GRANTS the motion; [ 41 ] DECLARES that the security and development of the child X, born on […], 2010, are still in danger; [ 42 ] ORDERS the placement of the child in the foster family of Mr. B and Mrs.

C until the age of majority; [ 43 ] ORDERS that aid, counselling and assistance be provided to the child, the mother and the foster parents until the child reaches the age of majority; [ 44 ] ORDERS that the contacts between the mother and the child be the following: − Every two weeks, Saturday or Sunday, between 10 a.m. and 4 .m. − For the Holidays, one day during the Christmas period and one day during the New Year period, between 10 a.m. and 4 p.m.

The contact will be subject to the following conditions: − The mother must be sober at all times during the access rights; − The mother must ensure that the child will not be in the presence of people under the influence of alcohol; − The mother must ensure that the child will not be left alone with the paternal grandfather. [ 45 ] ORDERS the mother to continue to receive follow-up from social services and the psychologist for as long as recommended by the professional; [ 46 ] ORDERS the mother to take an active

part in the measures ordered and cooperate with the D.Y.P.; [ 47 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Cree Board of Health and Social Services A for the application of the measures ordered; [ 48 ] ORDERS the police to cooperate in the execution of the present judgment. __________________________________ RENÉE LEMOINE J.C.Q. Mtre Yan Massé For the child Mtre Gabriel Gaudreault For the applicant Mtre Myriam Gaudreault For the mother Date of hearing: October 22, 2015