2017 QCCQ 18717, 2017 QCCQ 18717

Protection de la jeunesse — 179082 2017 QCCQ 18717 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-032138-174 DATE : May 11, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2005 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security and the development of X are endangered as a result of negligence with respect to health care and to supervision as well as psychological ill-treatment. [ 2 ] The Director alleges that the father mishandled the delicate task of dealing with his son’s emotional well-being following the death of the mother.

The father’s lack of sensitivity and support coupled with continual broken promises have caused the child serious prejudice. [ 3 ] The Director further submits that, as a result of his own inability to manage his son’s personal difficulties, the father delegated his parental duties to the paternal grandparents who were ill-equipped to handle the responsibility. In these circumstances, the child found himself without proper support leading to isolation and symptoms of depression.

In addition, a serious case of eczema was left untreated for a prolonged period of time. [ 4 ] The child has been in the care of his maternal cousin C since March 29, 2017 following an order for provisional measures.

The latter has subsequently been approved as a foster family. [ 5 ] Given the child’s progress since that time, the Director is asking that the child remain in the foster care of his cousin for a year with a social follow up and other corrective measures. [ 6 ] The father denies the motives of endangerment and asks the Court to dismiss the motion. [ 7 ] The child admits the majority of the allegations and agrees with the measures as proposed. The State of Endangerment [ 8 ] Essentially, the evidence establishes the following: [ 9 ] The child’s mother passed away from cancer in October 2015.

Despite the magnitude of the situation, the evidence demonstrates that the child was not provided with appropriate support to deal with the loss. His very understanding of his mother’s situation was flawed and he was left with the impression that she would eventually return. [ 10 ] The father subsequently developed a relationship with his current wife who resides in Toronto and in the summer of 2016, he

joined her there with the child. The stepmother and the child were unable to develop a positive relationship. In effect, the child expressed disapproval of the stepmother, considering her to be manipulative and overbearing. This created tension within the family, leading to further conflict and strife. The child began displaying emotional difficulties ranging from tantrums to suicidal ideations. [ 11 ] Although he agrees that his son became unmanageable, the father considers that excessive video gaming was the main cause.

The father acknowledges that his attempts to provide structure and routine to his son were unsuccessful and explains that the stress has impacted his health, both mentally and physically. [ 12 ] It should be noted that the child’s older sister was equally unaccepting of the situation and chose to remain in City A with her maternal uncle. As a result of a falling out, she has little if any contact with her father. [ 13 ] Furthermore, an ongoing battle regarding the mother’s estate has contributed to the escalating troubles within the family.

In effect, the father views the maternal side of the family with suspicion and mistrust. [ 14 ] Given the difficulties that he was experiencing with his son, the father chose to send him back to City A. He initially delegated his parental responsibilities to the paternal aunt who in turn, sent the child to live with the paternal grandparents. [ 15 ] The grandparents have proven to be overwhelmed with the responsibility.

Although they care deeply for the child and want the best for him, they are simply ill-equipped to provide for his needs. [ 16 ] At his grandparents’ house, there is little stimulation and the child expresses feeling angry, isolated and unhappy. He acknowledges playing video games excessively but explains that he has nothing else to do. He doesn’t appreciate having been “tossed around” within his family, he misses his sister and he is of the opinion that his grandparents are too old and frail to take care of him.

For example, despite a severe case of eczema, they failed to take him to see a doctor over a prolonged period of time. Consequently, a thick crust developed over his skin. [ 17 ] Although the father was aware of the child’s skin problems, his intervention was limited to providing creams that had been prescribed a year earlier. The creams were insufficient and the problem persisted. No other steps were taken until the Director’s intervention. [ 18 ] The grandparents concede having difficulty with raising the child.

They agree that he spends too much time playing video games late into the night and consequently, he struggles to get up on time for school. In their care, he is also prone to misbehaving and to temper tantrums when they attempt to intervene. [ 19 ] The child’s older sister confirms that the emotional impact of the situation is taking a huge toll on him. She has observed him to be in distress and has heard him express suicidal thoughts. Although she has made efforts to visit him more often, she recognises that her presence is of limited assistance.

She asserts that no one else in the family is providing any support regarding this issue. [ 20 ] At school, the child is described as disoriented and disorganised. There are concerns that his marks are on a downward trend despite remaining fairly strong. He appears constantly sad and the teachers observe symptoms of depression. No other behavioural issues are noted and the child is seen as compliant overall. Analysis and Conclusion on the Endangerment [ 21 ] The father appears at a loss as to how to deal with the situation.

He tends to blame external factors for the extent of the difficulties within his family, showing little insight into his own behaviour. Rather than face the problems head on, the father is prone to avoidance. For example, he considers that he was justified in hiding his recent marriage from his son in order to keep the peace, with little regard for the eventual impact of the news. [ 22 ] Furthermore, he blames his son for the temper tantrums and excessive gaming without questioning the root causes.

He accuses the maternal family of poisoning his son against him despite the absence of foundation for such allegations. He dismisses his son’s suffering and faults him for not wanting to return to his care, showing little regard for his feelings. [ 23 ] Although the father’s position is that endangerment has not been proven, his testimony confirms many of the factual elements supporting the allegations. Moreover, he acknowledges that the situation with his son is difficult but offers no concrete solution or plan. [ 24 ] The father’s testimony reveals a lack of understanding of his son’s needs.

He refutes the allegations of neglect by insisting on his ability to provide for his son’s material needs, referring to clothing and other necessities. In doing so, he completely overlooks his son’s emotional well-being. [ 25 ] The child has consistently maintained that he refuses to return with his father so long as the stepmother is in the picture. Concretely, the father has taken no steps to address this issue that inherently poses a major obstacle to reconciliation.

In fact, the father has exacerbated the situation by making promises of returning to City A permanently but not following through, thereby creating expectations followed by disappointment. According to the social worker, the father has in the past erroneously led the child to believe that his relationship with the stepmother was not working out. [ 26 ] Despite encouragement from the social worker, the father refuses to consider participating in any type of therapy.

He maintains that the problem is not with him and he refutes any suggestion that he has anything to change. [ 27 ] The evidence establishes that the child has greatly suffered from a lack of supervision and appropriate health care. Furthermore, his emotional well-being was deliberately ignored at a time in his life when he was entitled to expect and to receive support. The father’s decision to delegate the child’s care to the grandparents was misguided at best and exacerbated an already fragile situation.

[ 28 ] Considering the evidence as a whole, the Court concludes that the security and development of X are in fact endangered for the motives alleged by the Director. The Measures [ 29 ] Since integrating the home of his maternal cousin, the child has been steadily improving. Along with Mr. C, the home consists of his wife and three children aged ten to fourteen. The regular routine instilled in the household has provided stability and much needed stimulation. The child’s video gaming is no longer the issue it once was and he is noticeably more rested.

He is progressing well at school and has produced strong results. [ 30 ] The child has since consulted a doctor for his skin condition. A different set of creams were prescribed and the eczema has markedly improved although it has not yet disappeared. [ 31 ] The family environment in the foster home has had a positive impact on the child’s state of mind; he is more open to discussion and appears happier. [ 32 ] Most importantly, he has begun grief counselling sessions and is progressing slowly but surely. [ 33 ] There is no doubt that the father deeply loves his son and is suffering from his absence in the home.

Nevertheless, his inability to confront the conflict between his wife and his son has made reconciliation impossible. Furthermore, he has been inconsistent in maintaining contact with X and has failed to deliver on promises made, aggravating the situation further.

As a result of the recurring disappointments, the child is currently ignoring his father’s attempts at contacting him. [ 34 ] The Director’s recommendation seeks to ensure that the child receives the assistance required while benefitting from a secure, healthy and structured environment, something that the father has failed to provide. [ 35 ] The relationship between the father and the child remains volatile at this time.

The Court encourages the father to actively participate in the intervention and to give serious consideration to the suggestions provided by the social worker in order to improve communication with his son. The current issues will not resolve themselves without effort and an open mind.

The social worker’s suggestion of therapy appears in order and the father is invited to consider the beneficial effects of such a process. [ 36 ] After considering all of the evidence, and taking into account the consent of the parties, the Court concludes that the measures proposed by the Director are in the child’s best interest. [ 37 ] FOR THESE REASONS, THE COURT: [ 38 ] GRANTS the motion; [ 39 ] DECLARES that the security and development of the child are endangered as a result of psychological ill-treatment, negligence regarding health care and negligence regarding education and supervision; [ 40 ] ORDERS that the child be entrusted to a foster family; [ 41 ] TAKES JUDICIAL NOTICE that the DYP has determined the foster family of C; [ 42 ] ORDERS that frequency and modality of contacts between the child and his father be determined according to agreement by the parties failing which it shall be determined by the DYP; [ 43 ] ORDERS that frequency and modality of contacts between the child and his extended paternal family be determined by the DYP; [ 44 ] AUTHORIZES the DYP to receive and exchange pertinent information with the treating professionals working with the child; [ 45 ] WITHDRAWS from the father the exercise of certain parental authority namely with respect to travel, medical, educational and extracurricular activities and GRANTS them to C; [ 46 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 47 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 48 ] THE WHOLE for a period of one year.

SIGNED IN CITY A On June 1, 2017 __________________________________ KAREN OHAYON, J.C.Q. Isabelle Loranger

Attorney for the D.Y.P. Berna Tabet Attorney for the child Date of hearing: May 11, 2017 KO/lf