2023 QCCQ 2543, 2023 QCCQ 2543

Protection de la jeunesse — 23907 2023 QCCQ 2543 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-001084-208 635-41-001085-205 635-41-001086-203 635-41-001088-209 DATE: February 7, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2017 Y, born on [...], 2018 Z, born on [...], 2016 A, born on [...], 2014 Children and B Mother and C Father ______________________________________________________________________ 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, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) has brought an application to extend and review an order concerning the children. [ 2 ] Youth protection services became involved in the life of this family due to the serious risk of neglect and psychological ill- treatment related to the exposure of the children to conjugal violence by the father.

Some children have also been victim of physical abuse by the father. [ 3 ] On December 13, 2021, the Honourable Lucie Godin, J.C.Q., rendered a decision under

section 95 of the Youth Protection Act . The security and development of the children were declared endangered and they were entrusted to a foster family for a period of one year, with a possible return to the parents on some conditions. [ 4 ] The Director once again seeks an extension and review of the situation and asks that the children be entrusted to a foster family. [ 5 ] Counsel for the children agrees with that recommendation. [ 6 ] Mtre Laoun, on behalf of the mother, states that the mother agrees with the recommendation.

She is currently in Town A to take care of her mental health and will come back in the community by the end of February. She stated she could not get services in Town B and went to Town A for that reason. She would like her spouse, Mr. D, to be involved in the children’s lives, as she will live with him. She also asked that the child Z be entrusted to a foster family in the community of Town B instead of Town C. She proposed the foster family of Ms. E [ 7 ] The father was not at the hearing. His last contact with the children was on April 26, 2022. He does not cooperate with the Director.

Overview of the situation since the last order [ 8 ] The mother, Ms. B, cooperates minimally and inconsistently with youth protection services. She refuses the services of an external educator and does not want help from social services (CLSC). She acknowledges that she drinks alcohol regularly but explains that her drinking is related to the fact she is depressed from not having her children under her care.

[ 9 ] She has a new boyfriend, Mr. D. He has an extensive criminal record. He is currently accused of sexual assault with a weapon against an adult, assault, death threats, and forcible confinement. The mother believes that the accusations are false. [ 10 ] On July 24, 2022, the police had to intervene at the mother’s residence. The father was at an advanced stage of intoxication. He knocked on her door and shouted. He was in crisis and made suicidal threats. He hurt the police officer and tried to run away.

He was brought to the hospital for his safety. [ 11 ] On September 23, 2022, the police were called by an individual who said that Mr. D had threatened someone with a knife. When the police arrived at the family home, they noticed a smell of cannabis. The mother said that Mr. D had a wooden spoon and not a knife. He was arrested for investigation of a breach of conditions. [ 12 ] The father, Mr. C, lives in the [Town B] with his new girlfriend. He refuses the services of the external educator and the CLSC. He has been extremely hard to reach. The father has a long history of violent behaviour.

He has not started any follow-up for his anger management. He has not cooperated and has been very difficult to reach despite the efforts made by the caseworker to communicate with him. [ 13 ] The mother is not living with the father anymore. That means that the risk of exposure to conjugal violence or physical abuse by the father is reduced in her environment. Nevertheless, her new boyfriend Mr. D also has a history of violence. She would like him to be involved in her children’s lives. The child X [ 14 ] She is a smiling and enthusiastic five-year-old girl.

In terms of her health, she had significant dental surgery under anesthesia (four fillings, three teeth removed, and seven crowns). [ 15 ] A medical follow-up revealed that she has a leg inversion and will need follow-up with physiotherapist. She has also a heart murmur and will need a cardiac ultrasound. [ 16 ] The child and the foster mother, Ms. F, received help from an external educator for some concerns about the child’s behaviour, such as nightmares, difficulty sleeping, and frequent masturbation.

The child Y [ 17 ] She is a four-year-old girl, and is attending the daycare on a regular basis. [ 18 ] The child and her foster mother, Ms. G, receive support from an external educator. In September 2022, when visits with the family started again, she began to display difficult behaviour like hitting, punching, and long tantrums. The child Z [ 19 ] Z is seven years old. He is in grade 1 at school. He presents some learning delays. He has significant difficulty regulating his emotions properly. When angry, he bangs his head on the wall or tries to choke himself.

He is supposed to have a psychological assessment, but the Director has had some trouble reaching the parents to obtain their consent to start the process. [ 20 ] He has changed foster families a few times. On December 12, 2022, he was placed in the community of Town C. The mother asks that he be placed in the community of Town B with his other siblings. She proposes Ms.

E, a registered foster family. [ 21 ] On December 27, 2022, the Court withdrew the exercise of certain attributes of parental authority from the parents because the Director was unable to reach them, and the child had to transfer schools from the community of Town B to Town C. The child A [ 22 ] The child is eight years old. She is doing grade two for the second time. She is progressing slowly, but in general she is doing well. She is on a list to receive support from a special teacher. She is supposed to be assessed by a speech specialist for her learning difficulty. [ 23 ] The child and her foster mother, Ms.

H, are supported by an external educator. [ 24 ] On December 27, 2022, the Court granted a request to withdraw the exercise of certain attributes of parental authority from the parents. The Director could not reach the parents and it was necessary to authorize tutoring services at school. ANALYSIS [ 25 ] The children need a stable and secure environment. They all have their challenges, as described previously. The instability of the parent’s involvement in their lives affects the children.

They react with difficult behaviour. [ 26 ] Currently, a return to the parents cannot be envisaged until they take steps to address their issues. Their cooperation with the Director is also essential, to permit their situation to evolve positively.

[ 27 ] The children are waiting for the parents to take themselves in hand and change their situation. They say that they miss their parents. The parents must give priority to their children. [ 28 ] The parents are so inconsistent in their cooperation that the Director requests that certain attributes of parental authority be withdrawn from them.

Currently, the Director has been trying to reach the parents for a few weeks to obtain authorization for health care, an evaluation by a speech therapist, and psychological assessments for the children. [ 29 ] According to the evidence, and having considered the efforts deployed by the caseworker to obtain the authorizations, the Court concludes that it is in the interest of the children that certain attributes of parental authority be removed from the parents and granted to the Director.

FOR ALL THE ABOVE-MENTIONED REASONS, THE COURT: [ 30 ] GRANTS the applications; [ 31 ] REVISES the order rendered on December 13, 2021; [ 32 ] DECLARES that the security and development of the child X, born on [...], 2017, are still endangered under

section 38(e)(2) and (

c) of the Youth Protection Act ; [ 33 ] DECLARES that the security and development of the child Y, born on [...], 2018, are still endangered under

section 38(e)(2) and (

c) of the Youth Protection Act ; [ 34 ] DECLARES that the security and development of the child Z, born on [...], 2016, are still endangered under

section 38(e)(2) and (

c) of the Youth Protection Act ; [ 35 ] DECLARES that the security and development of the child A, born on [...], 2014, are still endangered under

section 38(e)(1) and (

c) of the Youth Protection Act ; [ 36 ] ORDERS that the children be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 37 ] ORDERS that a return to the mother be allowed if the situation allows it, notably: − if the mother cooperates by meeting with youth protection services on a weekly basis; − if the mother respects a plan for visits; − if the mother receives follow-up from social services for her personal issues; − all of the above, for a period of at least three months; [ 38 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the children is endangered; [ 39 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 40 ] ORDERS that the children A and Z attend school on a regular basis; [ 41 ] ORDERS that the children Y and X attend a childcare establishment on a regular basis; [ 42 ] ORDERS that the mother never leave the children alone with Mr.

D; [ 43 ] ORDERS that the parents remain sober in the presence of the children; [ 44 ] ORDERS that the parents refrain from any kind of violence in the presence of the children; [ 45 ] RECOMMENDS that the mother seek help for her personal issues through social services or another resource deemed appropriate; [ 46 ] RECOMMENDS that the father seek help for his drinking and anger management issues through social services or another resource deemed appropriate; [ 47 ] ORDERS that the terms, frequency, and degree of supervision of contact between the children and the parents be determined by the Director of Youth Protection; [ 48 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits at the parents’ residence when the children are present; [ 49 ] ORDERS that contact between the siblings be organized on a regular basis; [ 50 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS it to the Director of Youth Protection regarding health, school, and extracurricular activities;

[ 51 ] ORDERS that aid, counselling, and assistance be provided to the children and the children’s family; [ 52 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 53 ] THE WHOLE until February 29, 2024. Signed in Town D on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Corine Jacquet For the children Mtre Camille Striganuk For the applicant Mtre Ève Laoun For the mother Date of hearing: February 7, 2023