2018 QCCQ 20540, 2018 QCCQ 20540

Protection de la jeunesse — 1811625 2018 QCCQ 20540 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002219-183 DATE: November 22, 2018 (written judgment rendered on April 23, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2008 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and B, residing and domiciled at [...] Mother and C , presently detained at St-Jerome Detention Centre, district of Terrebonne (Quebec) J7Y 2W5 ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X, born on [...], 2008, are in danger under

section 38 (b) (1) iii. [1] of the Youth Protection Act . Position of the parties [ 2 ] The mother is present and represented by Me Neptune. She recognizes that the security and development of the youth are in danger, she disagrees with the measures, and she wishes to have her child back at home with her. [ 3 ] The father who is detained is present by videoconference and represented by Me Tommasel.

He recognizes that the security and development of the youth are in danger, he disagrees with the measures, and he wants the children back with the mother and him when he will be released. [ 4 ] The child is present and represented by Me Léonard. She admits most of the allegations, and she agrees with the recommendations. Facts [ 5 ] X is 10 years old. She has five brothers and sisters. One is an adult. The Court was seized with the situation of his older sister, Y (16 years old) for a revision of the previous decision, but the hearing was postponed.

The Court is also seized with the decision of Z (12 years old) and A (14 years old). [ 6 ] The family receives services from the DYP since 2013, for a situation of negligence and violence. [ 7 ] At the end of November 2017, the mother admits being scared of the father, and moves to a woman’s shelter. [ 8 ] In May 2018, a conflict occurred between the parents. The mother would have beaten X and probably the other children. The mother and the children were met by the DYP worker.

As the mother denied the facts, the children maintained their version. [ 9 ] During the summer 2018, Y who is entrusted to a rehabilitation centre, comes at the grandparent’s place for a home visit. As she has psychological issues, she had to be medevaced to Montreal. The parents left with her and they consume during their stay at the hotel, and the mother press charges against the father for sexual abuse. [ 10 ] X and her siblings lived quite all their life at the grandparents’ place and are officially entrusted to them on voluntary measures for two years (December 2016).

She is doing very well, and the grandparents are available to continue to take care of her on a long term basis. The children consider the grandparent’s house as their home.

[ 11 ] The father is detained since September 14, 2018, and will be released on December 28, 2018. According to the DYP his situation did not change since 2013. The DYP worker reminds that the first voluntary measure was for a short period to maintain the parent’s motivation for a change. The father told at that time that it would be the signal he needed to have is life back on track. But since that date, he still consumes and he is in jail in and out. [ 12 ] On a positive aspect, it’s important to note that the father took some steps to address his issues.

He completed [treatment A], he met with the Social Services and he benefits from programs in detention. Sadly, even if he made efforts, he relapses. [ 13 ] The mother receives cancer treatment since 2015, and has to go to Montreal on a regular basis. Frequently she stays longer in Montreal because she misses her plane. Doing so it’s difficult for the DYP worker to offer a close follow-up.

She still struggles with alcohol consumption issues, and she did not seek help to address it. [ 14 ] It is also difficult to reach the mother when she is in Montreal because she has no right to stay at the [Centre A]. [ 15 ] The parents have frequent contact with the children. The children come to their place and the parents also come at the grandparents.’ The latter are able to manage the access. [ 16 ] The relation between the grandparents and the father is good. Regarding the mother, the grandparents appreciate her and are always ready to help her. They send her money when she is in Montreal.

On her side, the mother respect the grandparents, but sometimes the relation is difficult because of the facts the children are living with them. [ 17 ] The grandparents were present by videoconference and they confirmed being totally available to take care of the children. They say that everything goes well at school and they are very involved in their studies. [ 18 ] The father testifies. He admits being in jail in and out for 20 years. He is actually detained for breach of condition not to reside at the family house. The father had no place to stay.

The Community Reintegration Officer of the village A promised him to make his conditions change, but following a misunderstanding the father went back to live at the family house, and was informed that the conditions were not changed when he was arrested. [ 19 ] He wants the children to be back at home. He has a lot of projects for him and for his community when he will be back. He wants to continue to work as a community worker and to organize the AA meeting and reintegration program in [Village A], because nobody is available to do it.

He would like to continue to work on his personal issues with the Social Services, to improve the skills he learned in detention. He wants to practise and organize traditional activities to keep his community members and himself away from consumption and criminal activities. He confirmed that he tried a lot in the past to change his way of life and it’s very difficult. His new motivation is to do it with community members to progressively change the picture of his village. [ 20 ] The father considers the mother able to take care of the children.

He would like to participate to conjugal counselling with the mother and hopes she will accept. [ 21 ] He is very grateful to his parents for their long-term involvement with his children, and he knows that his parents will always be available. That being said, he considers it is time for the children to be back with their parents. [ 22 ] The mother did testify. She appeared very depressed and very sad. She is affected by her long sickness.

She stopped drinking for two or three months. [ 23 ] She confirms that the children are well taken care, but she would like to have them back because they are bored at the grandparents’. She feels depressed to see her husband always in detention. She can’t wait for him to come back at home. [ 24 ] X has a lot of energy and is very talkative. Everything is going well at school, but she misses a lot of school for medical reason.

She will receive surgery in November for her tonsils. [ 25 ] By the voice of their lawyer, the children explain that they love their parents, but as they are always outside of the community, they are disappointed to wait for them. They have stability at their grandparents’ and want to stay there. Analysis [ 26 ] The parents struggle with alcohol consumption issues for many years. Because of this consumption they are living in a violent relationship. This is very sad because it’s obvious they love and they care for each other.

They also love their children, but the children suffer the consequence of this way of life. [ 27 ] Fortunately, the children are developing very well, and found the stability they deserve at their grandparents’. The grandparents are in good health, available and capable of continuing to take care of them. [ 28 ] The children are fully aware of their parent’s difficulties. They are also affected by the long sickness of their mother. Now the father has a very interesting project, and for sure the Court strongly encourage him to realize it.

As he said, the recovering, the healing and the reintegration are not easy, and require a lot of effort and motivation. But, despite all the difficulties he lived, he has to succeed for himself, but also for his children. As the Court told him, when he will have succeeded, his children will be as proud of him as he is proud of them. He could be an example of reintegration for his community. Now, it’s up to him. [ 29 ] In the meanwhile, the children are well where they are and ask to stay there. The children are very reasonable and very mature.

There is no reason to move them from the grandparents’, but regular contact with the parents have to be maintained. FOR THOSE REASONS, THE COURT: [ 30 ] GRANTS the motion;

[ 31 ] DECLARES that the security and development of the child X, born on [...], 2008, are in danger under

section 38 (b) (1) iii. of the Youth Protection Act ; [ 32 ] ORDERS that the child be entrusted to Mr. D and Ms. E as foster family if they are accredited as such; [ 33 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 34 ] ORDERS that the parents remain sober in the presence of the child; [ 35 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 36 ] STRONGLY RECOMMENDS that the parents seek help through the Social Services concerning their alcohol, drugs and personal issues; [ 37 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 38 ] ORDERS that the contacts between the child and the parents be as frequent as possible; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and Mr.

D and Ms. E; [ 40 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 41 ] ORDERS the police to collaborate to the execution of the enactment; [ 42 ] THE WHOLE until [...], 2026. __________________________________ PEGGY WAROLIN , J.C.Q. Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Marianne Léonard, attorney for the child Me Cassandra Neptune, attorney for the mother Me Angèle Tommasel, attorney for the father Date of hearing: November 22, 2018