2012 QCCQ 4260, 2012 QCCQ 4260

Protection de la jeunesse — 12165 2012 QCCQ 4260 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-023528-102 525-41-024481-111 DATE: January 16, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Youth and Family Centres Applicant - and - X Born on […], 2010 - and - Y Born on […], 2011 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 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 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of January 16, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with two motions for extension. In the case of X, the Court ordered on November 26, 2010, that the child be entrusted to foster care for a period of one year.

In the case of Y, the Court ordered on May 26, 2011, that the child be entrusted to foster care until November 26, 2011. [ 3 ] The principal facts alleged in support of the motions are the following: • The parent’s lifestyle remains transient and unstable, more particularly: . the parents, who reunited in April 2011, have had three different places of residence since; . the parents’ current home is unhygienic and has no refrigerator and it seems they are on the verge of eviction for non payment of rent; . the parents were seen on recent occasions begging on the street for money; • The parents have not followed through with the Court ordered measures and recommendations : . neither parent has followed the psychologist's recommendations; . neither parent has dealt with their substance or alcohol issues; . the mother did not complete the parenting classes; . the father has stated that he is following an anger management program, but has yet to provide documentation to that effect;

. the parents have not addressed their respective health issues; • The parents’ relationship is still chaotic, volatile and fraught with violence, more particularly: . there occurred three known incidents of conjugal violence in the last four months with at least one involving police intervention; • The mother planned to leave the father twice since July 2011 and steps were taken to enable the children’s transfer into a native home of the mother’s community where she intended to return until she abruptly changed her mind: . the Director of Youth Protection established a link with the Family Centre A in [Province A]; . in July 2011, the mother indicated her agreement for the children to be sent to a foster family in [Province A] and that she would in all likelihood be returning there as well; . the mother subsequently changed her mind and remained with the father; . in September 2011, the mother stated she was planning to move back to her community in [Province A] and to leave the father who had assaulted her the night before; the mother requested that the children be transferred to [Province A] without delay; . the mother again changed her mind a few days later after reconciling with the father; • The parents have been resistant to the Director of Youth Protection’s intervention and have been verbally abusive in front of the children, more particularly but not restrictively in that: . the parents have yelled at each other on occasion; . the parents, especially the father, have shouted at the delegate during the visits and the father has been threatening; . the father reacts negatively to any constructive criticism and does not agree when the delegate or visit supervisor places limits; • It has come to a point where the Director of Youth Protection is no longer able to ensure the children’s safety even if the visits are supervised, more particularly but not restrictively in that: . the mother does not intervene while the father lets X walk away on his own on the metro station platform or towards the street; . the father recently ran into the traffic with X in his arms; . the father bounces X back and forth and does not stop even when told that it’s dangerous; . the father yelled and the person supervising the visit when she intervened. [ 4 ] The Director of Youth Protection recommends that the children be maintained in foster care for nine months and that a social follow-up be maintained with the family for the same period. [ 5 ] The father was not present at the hearing because there is a warrant for his arrest on an assault charge and he feared being arrested.

The father’s lawyer asked for a postponement, but left it to the Court’s discretion. Me Bouchard states that he can make the admissions on the motions as he has discussed with his client.

The father wishes for the children to be entrusted to their parents’ care. [ 6 ] The counsel for DYP asked to proceed in the absence of the father, as did counsel for the child. [ 7 ] As for the mother, her lawyer informs the Court that she is currently living with the father and that she agrees with the recommended measures. [ 8 ] Under the circumstances, the Court concluded that was in the children’s best interest to proceed and refused the postponement. [ 9 ] The mother admits certain of the facts alleged in the motions and agrees with the recommended measures.

The mother testifies that she is still living with the father, but that she has broken off her engagement with him, as she feels that he is not committed enough. The mother is asking for the children to be placed in foster care in the Town A area. She does not want for the children to be sent to [Province A] in her native community, as she believes that she will not have access to her children. [ 10 ] The mother says that she has taken steps to address her difficulties and that she is following a therapy with a therapist from the Shelter A.

The mother says that the children enjoy the visits and that X has a very strong bound with his father. [ 11 ] Counsel for the children considers that the measures recommended by DYP are in the children’s best interest. Me Flexer considers that DYP must try to involve the father in the visits with his children. [ 12 ] The Court also heard the testimony of [intervener 1], youth delegate, and read the reports the Director filed as proof of the children’s situation. The evidence reveals that the parents' relationship remains volatile and that there has been incidents of conjugal violence.

Furthermore, their living situation has been unstable and they are therefore not in a position to provide for their sons' basic needs. [ 13 ] Since the last court order, the parents have not participated in drug or alcohol treatment programs. The mother tested negative for drugs on two occasions but has admitted to drinking in September 2011. As for the father, he has continued to drink and has been physically abusive towards the mother.

[ 14 ] Under the circumstances, it is in the children’s best interest to be entrusted to foster care for a period of nine months. At the end of the present order, if the parents have not taken the steps to address their personal issues and are not in a position to regain custody of their children, a long term placement order in foster care will need to be considered in accordance with

section 91.1 of the Youth protection Act .

Furthermore, the parents must collaborate with DYP, respect the rules during the visits and address their personal difficulties if they want to regain custody of their children. [ 15 ] The evidence and the admissions made have convinced the Court that the security and development of the children are still compromised. [ 16 ] THEREFORE, THE COURT: [ 17 ] GRANTS the motions; [ 18 ] DECLARES still compromised the security and development of the children, X and Y ; [ 19 ] ORDERS that the children be entrusted to foster care for a period of nine months; [ 20 ] TAKES JUDICIAL NOTICE that the mother wants for the children to placed in foster care in the Town A area; [ 21 ] ORDERS that the contacts and visits between the children and their mother be determined by the Director of Youth Protection, including supervision as deemed necessary and RECOMMENDS a minimum of one visit per week; [ 22 ] ORDERS that the contacts and visits between the children and their father be determined by the Director of Youth Protection, including supervision as deemed necessary; [ 23 ] ORDERS that DYP be authorized to suspend or interrupt the contacts if the father has inappropriate behaviour or language towards any youth worker or the children; [ 24 ] ORDERS that the mother address her personal issues and TAKES JUDICIAL NOTICE that the mother is following a therapy with a therapist from the Shelter A in Town A; [ 25 ] RECOMMENDS that the mother complete a parenting class; [ 26 ] TAKES JUDICIAL NOTICE that the mother is taking means of contraception; [ 27 ] RECOMMENDS that the father address his personal and medical issues; [ 28 ] RECOMMENDS that the father complete an anger management program and follows the recommendations of the treating professionals at the Hospital A; [ 29 ] ORDERS that DYP be authorized to have information as to attendance and progress from all professionals treating the parents; [ 30 ] ORDERS that the mother submit to random drug and alcohol testing at the request of DYP; [ 31 ] TAKES JUDICIAL NOTICE that the mother agrees to undergo random drug and alcohol testing; [ 32 ] RECOMMENDS that the father submit to random drug and alcohol testing at the request of DYP; [ 33 ] ORDERS that both parents ensure that the children are not exposed to any verbal or physical violence; [ 34 ] ORDERS that aid, counsel and assistance be provided to the children and their family for a period of nine months; [ 35 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection A Youth and Family Centres, who shall see that the measures are carried out; [ 36 ] ORDERS the execution of the present order by any peace officer.

Signed January 23, 2012 Ann-Marie Jones, J.C.Q.

AMJ/dg Me Isabelle Loranger (Counsel for the D.Y.P.) Me Alec Flexer (Counsel for the children) Me Jean-Hervé Thomas (Counsel for the mother) Me Daniel Bouchard (Counsel for the father) Date of hearing: January 16, 2012