2022 QCCQ 6995, 2022 QCCQ 6995

Protection de la jeunesse — 223087 2022 QCCQ 6995 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division »

No: 105-41-000586-223 DATE: July 4, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2012 Child and A B Parents ______________________________________________________________________ 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to declare that the security and the development of the child is in danger according to sections 38(b)1 o and 38(b)1 o iii of the Youth Protection Act , namely because of physical neglect and neglect regarding schooling. Her siblings are aimed by the same application. [ 2 ] The mother contests some measures and demands the immediate return of the child to her home.

If not, alternatively, she asks for a gradual return of the child to her environment starting on August 1, 2022. If this request is refused, the child should be entrusted to Ms. C with her other siblings. The child is duly represented and her counsel expresses her wish to go back to her mother. The father is absent but expresses his desire, through the youth delegate, his consent and he wishes that his daughter visits him in Province A this summer.

CONTEXT [ 3 ] On January 25, 2022, the DYP got involved with the family because the child missed a lot of school days and the mother’s environment is unsanitary. [ 4 ] On January 26, 2022, an immediate protective measure is rendered entrusting the child to a family friend. [ 5 ] On January 27, 2022, the parents signed a provisional agreement to entrust the child to Ms. D, another family friend, which was extended. ANALYSIS AND DECISION [ 6 ] The parents have lived together for 10 years, but separated in 2016. The child was entrusted to the mother and the father moved to Province A.

The contacts between father/daughter were done by telephone, and they decreased over the years. In 2017, the mother began a relationship with Mr. E with whom she still lives. From their union, she had two other children. The relationship between the mother and Mr. E is tinged with violence and substance abuse problems. [ 7 ] This is not the first time that the DYP gets involved with the parents and the child. At that time, the child was exposed to domestic violence and was not protected from her parents’ arguments and disagreements.

They did not collaborate at all with the DYP, even if they were willing to work on their issues [1] .

[ 8 ] Now, the mother is with another partner, Mr. E and the DYP is once again involved in their family. The other children are also targeted. In April 2020, the DYP intervened regarding educational and health neglect. In October 2018, the child had a referral to have surgery because her oral health had deteriorated. The mother refused the operation. In March 2020, her maternal grandmother took her to the dentist to have a full assessment and a new referral was sent to A Hospital, and they are waiting for a date for the surgery.

The child is late or misses school a lot due to her mother’s struggles to get up in the morning. Finally, the DYP ended their intervention considering the mother’s acceptance to be referred to a social worker at the CLSC. However, numerous attempts were made to communicate with the mother, without success. She did not return any calls or take the necessary steps to obtain the help she agreed to get. No follow-up was done. [ 9 ] On June 16, 2021, an immediate protective measure was applied to entrust the child to her maternal aunt.

The child witnessed regularly domestic violence between her mother and her stepfather. The latter throws objects, screams and pushes her mother. She is sacred to go back home. The mother refutes her daughter’s allegations. [ 10 ] On July 8, 2021, an agreement on voluntary measures is signed entrusting the child to her mother but with some conditions. Some positive changes and improvements were noticed. The mother was awaiting services from the CLSC to receive support. The file was closed in September 2021. [ 11 ] Once again the DYP has to be implicated in the family.

In January 2022, the child mentions that there are a lot of fights at home. Her stepfather uses physical violence against her mother. He screams, throws objects and hits the walls leaving significant holes. She, as well as her older brother witness these behaviours. She does not feel secure at home. She verbalizes that her brother Y is starting to reproduce the gestures of his father. Physically, the appearance of the child is neglected. She is dirty and not dressed appropriately for the season.

Furthermore, her mother is pregnant and there is no more place in their house. [ 12 ] The DYP makes a surprise visit to the residence and the stepfather is present. The apartment is messy and dirty. Garbage is lying on the ground and there is a strong smell of cannabis and cigarette. Some wardrobe doors are removed and there are holes in the walls of the apartment. One of the rooms is used as storage for empty cans and there are many flies in the room. [ 13 ] Mr. E acknowledges that there are disputes, but minimizes the situation.

He never uses physical violence towards the mother or children but acknowledges having anger management issues. The child is removed from her mother’s care. She agrees with this and shows no emotion. [ 14 ] The father visited his daughter last December and he, as well, witnessed some conflicts between the mother and her partner. He wishes to be more involved in his child’s life and would like to seek full custody. He has been sober since 2016, attends a regular job and he is financially stable. He has a healthy routine, and he has family around him.

However, he spent a few months in jail, back in 2020– 2021 for robbery. The father expresses his agreement to collaborate with the child protection services in Province A. The contact father/daughter contacts were not consistent over the years, but they have increased since fall 2021. They have a good bond. [ 15 ] The father and the mother have a good relationship. Still, she does not keep him informed of anything concerning their child. She never answers her phone nor calls him back.

Same thing regarding text messages, there is no return. [ 16 ] The child benefits from supervised visits with her mother and her family. The contacts are positive and the mother as well as the stepfather collaborate well with the DYP. Since the intervention of the DYP, the apartment is clean, and everyone is joyful. During the contacts, they act appropriately. The supervision has now been lifted. [ 17 ] It was recommended to the mother to undertake a follow-up with Center A to have a better knowledge of conjugal violence, because she diminishes what is really going on between her and her partner.

However, it was difficult to have any communication with her during the evaluation and orientation process. Once again, she does not return her calls. [ 18 ] The child is entrusted to Ms. D. Since her placement, she is doing well and functions well. The child has a good bond with her. Many improvements were noticed since then. She has a routine and participates in a few activities. She also visits her family members. [ 19 ] In school, she was not doing so well, she was tired all the time and not open to learn.

Sometimes, she also came at school without a lunch, her clothes were too small for her and she had a dirty appearance. Since her placement, she is doing better in class and benefits from a teacher’s help. She gets positive attention. She is respectful and follows the rules. Furthermore, Ms. D ensures that the child attends all her appointments required for her health and needs. She also keeps the parents updated with the child’s situation. [ 20 ] The mother wants to be involved, but every time she does not return her calls or messages when it is time to put in place the services she had initially agreed to.

It is clear from the history of this file that this is not an uncommon thing for the mother. She accepts, but does not mobilize herself thereafter. There is a recurrence in the situation that prevails within this family. The DYP intervenes, there is a lull, and then it starts again. It is important.

Considering the seriousness of the situation a period of placement for the child is necessary in order to give the mother time to get the required help and to maintain what she has learned over time and not just say empty words. [ 21 ] Of course, improvements have been noted, such as the layout of their house and the repairs made, the quality of contacts and the follow-up undertaken by the mother and her partner.

However, these steps are very recent and the situation has persisted for far too long. [ 22 ] However, the Court considers that the duration of the measure is long, without considering a gradual return due to the recent current albeit, mobilization of the mother and her partner. It will therefore be necessary to plan a progressive reintegration of the child to the family environment from December 31 of this year, if the situation allows it.

This period will provide time for the family to demonstrate that they are able to maintain their follow-ups and to follow the recommendations over time. [ 23 ] As for the change of environment so that the child is entrusted to Ms. C, the Court considers that there is no need to move the child from a place in which she progressed and adapted well. She has been through a lot in her young life. She needs a stable, secure,

peaceful and violence-free environment to develop properly. It would be more appropriate that her next change be rather in her maternal home. It is understandable that the child misses her mother and brothers, but an increase of visits with them will be just as beneficial for the child who will be able to continue to blossom in her current home. [ 24 ] Over the next few months, the mother will have to prove herself. There is no more room for trial and error. The child has been living with instability and neglect in her family environment for far too long.

During the current measure, hopefully the contacts will increase including sleep overs, when the time is right, in order for the mother to demonstrate her capacity to manage adequately her child and take care of her needs. [ 25 ] As for the father, we know little about his current situation and surroundings. This has to be explored and further investigated during the current measure.

This could represent an alternative measure, if the mother in the coming months does not mobilize herself, and if there is no recognition of her difficulties. [ 26 ] The evidence demonstrates that the security and the development of the child are in danger according to sections 38(b)1 o i and 38(b)1 o iii of the Youth Protection Act . Considering the evidence submitted, the application is well-founded but with some changes. The Court will order the following measures which appear to be in the child’s best interest.

FOR THESE REASONS, THE COURT: [ 27 ] GRANTS the application for protection; [ 28 ] DECLARES that the security and the development of X are in danger according to sections 38(b)1 o i and 38(b)1 o iii of the Youth Protection Act ; [ 29 ] ORDERS that the child be entrusted to Ms.

D, until February 28, 2023; [ 30 ] AUTHORIZES the child to benefit from a progressive reintegration with her mother, starting on December 31, 2022, if the situation allows it; [ 31 ] ORDERS that contacts between the child and her parents be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 32 ] ORDERS that the contacts between the child and her siblings be encouraged; [ 33 ] ORDERS that the child receive health care and social services required by her condition; [ 34 ] ORDERS that the child attend school regularly; [ 35 ] RECOMMENDS that the mother involve herself in a psychological counselling related to her personal difficulties, including a psychological follow-up, as long as deemed necessary by the professionals involved; [ 36 ] ORDERS that the mother reports to the DYP whenever required, on the measures she is applying on her own regard and on her child’s regard in order to put an end to the situation in which the security or development of the child is in danger; [ 37 ] RECOMMENDS that the mother make sure to receive the child in a secure and clean-living environment, devoid of any form of violence; [ 38 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 39 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until February 28 th , 2023; [ 40 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Nicolas Lutzenkirchen for the child Me Danny Genois for the mother Mr. B the father (absent) Date of hearing: June 7, 2022