2018 QCCQ 19926, 2018 QCCQ 19926

Protection de la jeunesse — 1811682 2018 QCCQ 19926 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: November 2, 2018 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2005 615-41-002231-172 Y, born on [...], 2005 615-41-002230-174 CHILDREN ______________________________________________________________________ [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 services sociaux A APPLICANTS and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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 submits motions asking the Court to extend the placement of X and Y, both 12 years old, in a foster family for an additional period of 12 months. [ 2 ] Mtre.

Claude Cossette acts on behalf of the teenagers and Mtre. Agnès Sabourin-Zaccardelli represents the applicants. Both parents are present and declined to be assisted by a lawyer. [ 3 ] On July 7, 2017, Judge Renée Lemoine declared that the security and development of the twins were endangered because there was serious risk for them to be victims of sexual abuse by their father and because of psychological ill-treatment referring to the long history of the father’s alcohol abuse which led to many conflicts and domestic violence between the parents. In addition, for X, the Court added behavioural disturbances (38

f) YPA ). [ 4 ] The youths were placed in a foster family for a nine-month period. [ 5 ] On March 16, 2018, Judge Marie-Claude Bélanger endorsed a draft agreement reached by the parties and Y and X’s placement was extended for a period of six months. [ 6 ] At that time, the father was attending A Treatment Center to get help for his drug and alcohol addiction problems. To this day, Mr. B has remained sober. [ 7 ] In April 2018, the father pleaded guilty to a charge of sexual interference and was sentenced to one year of imprisonment.

He is currently living at the Town A halfway house until next November, when he might be released. [ 8 ] During the father’s imprisonment, the mother, in addition to a full time job which involves a lot of travelling, had to take care of the four other children. She was the sole provider for the family. She got help from the maternal grandparents and from her niece C. [ 9 ] The mother offered an inconsistent collaboration with the Director and then had no meetings with the Social Worker. She does not consider having issues to be addressed so she has never collaborated with a personal therapy.

The Court is of the opinion that the mother has underlying issues from her past that still have an impact on her and on her relationship with X. They both went through some traumatic experiences and the mother reproduces the behaviour of her own mother regarding sexual abuse. This must be addressed. For the time being, the mother almost completely rejects X and the teen greatly suffers from this situation. [ 10 ] The father was assessed by Steve Titley, sexologist and psychotherapist last August. It appears that Mr. B does not, to this day,

take full responsibility for his wrongdoings. [ 11 ] The father still represents a certain risk of recidivism. [ 12 ] The expert wrote : We believe he needs and would benefit from a treatment program focused on these specific subjects: his sexual abuse (his acting-out), his sexual victimisation, anger management, unhealthy coping mechanism, his relationships with A and the relationships with his children. In order to benefit from such a treatment program, Mr.

B will need to open more, be willing to face undesired emotions and past memories in order to benefit from therapy and to move forward. [ 13 ] The expert states that the father must not be alone with minors, including his children, until he successfully finishes a specialized treatment program for sex offenders. [ 14 ] Mr. B has met with a psychologist from the A Reintegration Services, Mrs. Spencer, a few times. She must be made aware of the content of the expertise report written by Mr.

Titley as soon as possible in order to be able to focus on the real goals to be attained. [ 15 ] Y has been diagnosed with an autism spectrum disorder. She is on a waiting list to receive services from Le Centre de Réadaptation A. She is described as quiet, more outgoing than before her treatment. It seems that it is now easier for her to communicate with people. She developed a bond with the foster mother and also enjoys to visit her mother during week-ends. [ 16 ] As for X, she has strong reactions when coming back from week-ends with her mother.

She feels rejected. [ 17 ] On April 28, she had an unprotected sexual intercourse with a young man. [ 18 ] The same month, she had to be hospitalized following a suicidal attempt and was assessed by a pedo-psychiatrist, Dr. Sophie Mauger. She was diagnosed with a complex post-traumatic stress disorder referring especially to an “Underlying severe parent-child relational problem and attachment difficulties.” The expert states as other stressors: verbal and physical abuse, bullying, low self-esteem, sexual abuse. [ 19 ] X is in dire need of professional help. She has met a few times with Dr.

Ashley Wasana, pedo-psychiatrist and this follow-up must be continued. [ 20 ] Dr. Mauger also recommends that home visits with the mother be postponed if they increase anxiety and emotional dysregulation as it happened in the last few months. [ 21 ] The parents agree that the reintegration of the teens in their home is not possible for the time being. They would like for them to be entrusted to one of their uncles living in Town B, mostly because they fear that they are losing their [language A].

The parents informed the Social Worker of their wish the very day of the hearing, so the uncle had neither been met nor had he been assessed and was not present in court. [ 22 ] The Court cannot entrust a child to a person who was not assessed beforehand. If so, the person must be heard by the Court to evaluate if it he/she could be a suitable guardian. [ 23 ] The Court heard the testimony of the foster family mother. She lived in Town C until she was a teenager.

She speaks [language A], has many [origin A] friends and when she has to travel to Town D or Town E, she brings the girls with her for them to be in contact with [origin A] people. She paid an artisan to teach the girls [origin A] art craft. Her own children participate to the services offered by the Town F Friendship Center.

She is well aware of the [origin A] culture and does whatever is possible to maintain the twins close to their roots. [ 24 ] The Court is also informed that during the last summer, the maternal grandparents were at the mother’s place taking care of the twins and their siblings when the mother was out of town. They spoke to the children in [language A]. [ 25 ] So there are a lot of ways to maintain the [language A] in Y and X’s lives. [ 26 ] There is no good reason to change the place where the twins are going to stay for the next months.

They will to be closer to their immediate family and they have established a bond with the foster family.

It will also be easier for them to receive the appropriate services in response to their special needs. [ 27 ] FOR THESE MOTIVES THE COURT: [ 28 ] GRANTS the present motion; [ 29 ] MAINTAINS that the situation of the youths, Y and X, born on [...], 2005, are still endangered; [ 30 ] ENTRUSTS Y and X in a foster family for a period of twelve months; [ 31 ] ORDERS that aid, counselling and assistance be provided to the teenagers and their parents for a period of twelve months; [ 32 ] ORDERS that both teens receive all health and social services required by their situation, in particular a psychological follow- up for X and for Y, a professional follow-up to be confirmed with Le Centre de Réadaptation A; [ 33 ] ORDERS the father to participate to a follow-up with a professional of his choice concerning the sexual abuse committed and suffered and to follow the recommendations of the professional offering him services and also to follow any recommendations regarding anger management;

[ 34 ] ORDERS that the mother participate in a follow-up with a professional of her choice to improve her wellbeing and to be able to work on her relationship with X; [ 35 ] ORDERS that the contact between the teenagers and their mother be encouraged and determined by the Director of Youth Protection regarding the frequency and the modalities; [ 36 ] ORDERS that the contact between the teenagers and their father be encouraged and determined by the Director of Youth Protection regarding the frequency and the modalities as well as for the presence of a third party, which will be designated and approved by the Director of Youth Protection; [ 37 ] ORDERS the parents to collaborate with a professional on a couple’s therapy follow-up; [ 38 ] RECOMMENDS that measures be taken in order to facilitate the contacts of both girls with their culture, through traditional activities or through visits with extended family; [ 39 ] ORDERS any police officer to collaborate with the execution of the measures ordered if required to do so by the Director of Youth Protection or one of his representatives; [ 40 ] ENTRUSTS the teenagers’ situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Agnès Sabourin-Zaccardelli Lemire, Gaouette & Martel - Contentieux CISSS-A Lawyer for the applicant Mtre. Claude Cossette Lawyer for the children A and B Parents – not represented by lawyers Date of hearing: October 11, 2018