2021 QCCQ 8442, 2021 QCCQ 8442

Protection de la jeunesse — 215022 2021 QCCQ 8442 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth division” N o : 455-41-001278-209 DATE: July 8, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2019 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JB5047 JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on October 22, 2020. [ 2 ] By this order, the Tribunal declared the security and development of the child X in danger for the motives of serious risk of physical abuse, psychological ill-treatment, physical neglect and serious risk of neglect. [ 3 ] As protective measures, the Court entrusted the child to his mother, excluding the father, authorized in favour of the child supervised contacts with his father by a third party designated by the Director, according to the frequency and modalities agreed with the Director and if the parties disagree, the contacts will be of two hours per week, and authorized the lifting of the supervision if the situation allows it. [ 4 ] The Court also made various recommendations to the parents and ordered a social follow-up for a period of one year. [ 5 ] Today, the Director considers that the security and the development of the child are still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrusts the child to his paternal grandmother, Ms.

C, authorizes in the child favour contacts with his mother upon agreement with the Director, and authorize the progressive return of the child with his mother according to the evolution of the situation and excluding the father.

[ 7 ] The Director also recommends that the Court authorizes in the child’s favour supervised contacts with his father upon agreement and according to the modalities set with the Director, takes judicial notice of the father’s intention to participate to a closed therapy concerning his consumption problem and his anger management problem and makes other various recommendations to the parents and orders a social follow-up for a period of one year. [ 8 ] At the hearing on July 8, 2021, the mother is present and represented by a lawyer.

She wishes that the child return to her as soon as possible. [ 9 ] The father is present from detention but not represented by a lawyer. He agrees with the recommended measures although he would like to make sure that he will have contacts with his son when he comes out of jail around October 23, 2021. [ 10 ] The child’s lawyer agrees with the recommended measures.

Evolution of the situation • From October 22, 2020, until February 18, 2021 [ 11 ] Following the last Court order, the child was entrusted to his mother excluding his father. [ 12 ] X also lives with his siblings, D, E and F. [ 13 ] The mother collaborates well with the services of the youth protection but is still having lack of assertiveness and transparency. [ 14 ] Between September 2020 and January 1, 2021, the maternal aunt resided at the mother’s place with her seven children. [ 15 ] The delegate had to wait for the Evaluation-orientation service from the Director to give an ultimatum to the mother’s sister and her spouse to leave the mother’s place at the date established; the mother was then diminishing the impacts of the situation on her own children.

An ultimatum was given to the mother to require the maternal aunt to leave the mother’s place. [ 16 ] The mother minimized the impact on the children although the eldest complained about their cousins and the impact on hygiene and food. [ 17 ] She admitted this situation but the Director underlines that the hygiene issue was present long before that. [ 18 ] On the night of January 5 th to January 6, 2021, the father showed up at the mother’s house while intoxicated. He used violence towards her and objects in the house.

He hit the mother’s head while she had X in her arms, punched the walls and threw different objects. [ 19 ] The employer of the mother contacted the police officers who arrested the father.

A prohibition of contacts with the mother was issued. [ 20 ] The delegate asked the mother several times to put locks on the doors but she delayed doing it. [ 21 ] Afterwards, the Director received information indicating that before those events, the father was sometimes present at the mother’s home although the children were present. [ 22 ] On January 29, 2021, the school’s educator informed that she saw the father at the mother’s place during a virtual class with E and G, the children’s cousin who was living there at the time.

The virtual class took place between December 17 th and 22, 2020. [ 23 ] The same day, the delegate met with E and she confirmed the presence of X’s father at home when the children are present.

It appears that he can sometimes sleep over at the house. [ 24 ] There is a suspicion of a code of silence in place in the family in regards of the presence of the father. [ 25 ] The mother is unable to protect her children and she does not take the necessary means to assure their security. [ 26 ] On February 9, 2021, alleging that the child’s remaining with the mother was likely to cause him serious harm, the Director seized the Court with an application for provisional measures by which she asked that the child be entrusted to his maternal grandmother. [ 27 ] The hearing continued on February 11 th and 18 th . [ 28 ] In the meantime, other events happened that heightened the Director’s concerns regarding the mother’s home. [ 29 ] On February 5, 2021, the mother admitted to her educator, Ms.

H, that the previous day, she slapped F’s face and locked him outside for approximately 30 minutes because he called her a “bitch”. [ 30 ] Between February 11 th and February 16, 2021, unannounced visits occurred at the mother’s house. [ 31 ] The mother and the children were not there on the Saturday and Monday nights. They were at home on Sunday morning and on Friday, only X was there. The other children were with their maternal grandmother.

[ 32 ] Despite the fact that the family was at home on Sunday morning, E told Ms. H that they spent all the weekend at the maternal grandmother’s house. [ 33 ] The mother remained elusive about the whereabouts of the children during the weekend. [ 34 ] During the weekend, the mother cleaned up the house. However, the place was still neglected. [ 35 ] She obtained four birds during that same weekend.

Those animals were in addition to the two dogs, a rat and many cats already at the domicile. [ 36 ] On the visit of Monday night at 6:30 P.M. by the delegate, the dog was outside of the house, the front door was open and also the garage door. Nobody was at home at that moment. [ 37 ] The mother still minimizes the behaviours of the father, despite the recent situations and his previous convictions. [ 38 ] During this hearing, the mother’s position was that the father would only come to her home when the children were absent.

Nonetheless, she admits that before the January 5 th event, she would give the father some news of the children. [ 39 ] The father said the same. [ 40 ] This position was in contradiction with the evidence submitted by the Director through many witnesses. [ 41 ] On the other hand, the mother admitted the events of January 5 th . [ 42 ] She affirms that since then, she no longer forms a couple with the father and that she only wants to be with her kids.

Nonetheless, she admits still having feelings for him. [ 43 ] After analyzing the whole evidence, Court finds that the parents are not transparent as to their relationship. [ 44 ] Furthermore, it appears that the mother is still exhibiting great difficulty to prioritize her children’s interest: - incapable to ask her sister and her family to move elsewhere; - incapable to protect herself and her children from the father. It is to be noted that it was not the mother who called the police on January 5 th .

In addition, the locks still were not installed. - difficulty in maintaining as adequate framework for her children, including a stable sleeping routine; - purchase of birds when her financial situation is precarious. [ 45 ] On February 18, 2021, the Court declared that the children’s remaining with the mother was likely to cause them serious harm and entrusted X to his paternal grandmother. He entrusted the half-siblings to a third party, Ms. G. • From February 18 th until July 8, 2021 [ 46 ] Since X has been entrusted to his grandmother, he has been thriving and his half siblings as well in the care of Ms.

G. [ 47 ] The 2-year-old child soon developed his independence, started exploring his environment and developed his language skills. [ 48 ] The GED (Grille d’évaluation du développement) showed that after 45 days, X had caught up his delays. [ 49 ] Some weaknesses remain to be observed in his language skills and socio-affective. [ 50 ] The father had said he had started some follow-ups at [organism A] for his alcohol consumption and the CSSS as well as Ressources pour Homme. [ 51 ] Unfortunately, he has not been collaborating with the social follow-up, the Director was not able to verify this information. [ 52 ] The father had supervised contacts by the grandmother with his son once a week until he was incarcerated for the events of January 5 th . [ 53 ] The mother has three supervised contacts per week, one of which happens with his half siblings. [ 54 ] During these later contacts, it is observed that the mother still have difficulties imposing her parental authority on the children and maintain a coherent and stable structure. [ 55 ] When X is with his mother and siblings, he always wants to be in his mother’s arms and does not explore and play like when he is with his grandmother. [ 56 ] This is explained as being a sign of insecurity which makes him so that the child is not sufficiently reassured to explore his environment. [ 57 ] Nonetheless, the Director decided on March 30 th that the visits with the mother no longer needed to be supervised as the father was in jail.

[ 58 ] The educator meets with the mother for one of these contacts par week. [ 59 ] It is observed that the mother’s supervision is lacking. The house is not always safe for a child of X’s age. The rules are not constant. [ 60 ] Since April 16, 2021, the mother participates in a follow-up at [organism B] and states that she better understands her dynamics in her relationship with the father. She has not put the child in contact with the father since January 2021. [ 61 ] The father was incarcerated on March 11, 2021, for a breach of condition.

There was an incident where he broke into the mother’s house and was violent with her. He was sentenced in May 2021 and is to be in jail for 7 months and 15 days. [ 62 ] He will be free as of October 24 th and under a probation order for 2 years. [ 63 ] Since he is in prison, he calls X around three times a week one of which through videoconference. [ 64 ] The child is happy to speak to his father. The measures [ 65 ] At his very young age, X is very vulnerable.

His needs are well met at his paternal grandmother’s home. [ 66 ] Despite receiving a high intensity of services since 2016, the mother still presents difficulty to affirm herself with her children, the father and her family. [ 67 ] She shows difficulty in putting her children’s interest first. [ 68 ] She still presents difficulties with hygiene and the structure she gives her children. [ 69 ] Her relationship with the father is unclear.

Although she claims the relationship is over, he is now in jail and there is no telling in what will happen when he will be free. [ 70 ] The mother has started to make good progress but only recently.

She will have to maintain her efforts if she wants to have X back into her care. [ 71 ] In order for this reintegration to occur, certain conditions will have to be met: - she has to continue her follow-up with [organism B]; - maintain her participation to the external educator follow-up with [organism C] and improve her surveillance and structure; - maintain a house environment appropriate for a young child. [ 72 ] As for the father, his alcohol problem which worsen over the years makes it even more difficult for him to control his emotions. [ 73 ] He claims being sober since he was incarcerated.

He said he tried to get therapy in October 2020 but was not able to because of a transport issue. He says he is now scheduled to start therapy soon. [ 74 ] He says he wants to get help for his anger problem. [ 75 ] Having read the report and heard the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANT partially the present application according to its amended conclusions; DECLARES that the security and the development of the child X are still in danger; REVISES the Court order rendered on October 22, 2020, in the present file; ENTRUSTS the child to his paternal grandmother, Ms.

C; AUTHORIZES in the child’s favour, contacts with his mother, upon agreement with the Director of Youth Protection; AUTHORIZES the progressive return of the child with his mother, according to the evolution of the situation and excluding the father; AUTHORIZES, in the child’s favour, supervised contacts with his father, upon agreement and according to the modalities set with the Director of Youth Protection; ORDERS that the parents take an active

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan and the social follow-up; TAKES JUDICIAL NOTICE of the father’s intention to participate to a closed therapy concerning his consumption problem and his anger management problem;

ORDERS that a person working for CIUSSS A or any other establishment or body provides aid, counsel and assistance to the child and his family for a period of one year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Pascale Gauthier Counsel for the DYP M e Maryse Pinsonneault Counsel for the youth M e Érica Gosselin Counsel for the mother Date of hearing: July 8, 2021 Deposited exhibits: D-6 to D-9 Date of written judgment: August 20, 2021