2012 QCCQ 9495, 2012 QCCQ 9495

Protection de la jeunesse — 121336 2012 QCCQ 9495 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-024642-118 / 525-41-024643-116 Date: April 2, 2012 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2005 In the case of: Y Born on […], 2007 [Social Worker 1] , duly authorized by the Director of Youth Protection of A Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 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 provides written reasons for a decision rendered verbally at the hearing of April 2, 2012, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of A filed a motion to declare that the security and development of each of two siblings are in danger in the case of X and Y , who are […] and […] years old, based on psychological ill-treatment and neglect. [ 3 ] The facts alleged in support of each motion are as follows: 3.1. the situation of the child has been reported to the Director of Youth Protection for concerns of conjugal violence, physical abuse and neglect; 3.2. it appears the parents live separately, but the father would be at the mother's apartment on weekdays and the mother at the father's apartment on the weekends; 3.3. the mother expressed the father was violent with her, the child and the sibling; 3.4. it appears that the mother operates a daycare from the home and that the father was violent with one (1) of the children; 3.5. two (2) hours after leaving the police station, the mother and children were supposed to go to a women's shelter, however the

whereabouts of the mother were not known.

The mother was found sleeping with the children in her car in a parking lot and police had to escort them to the shelter; 3.6. on May 24 th , 2011 the mother went to a shelter with the child and sibling, but during the night of May 25 th , 2011 at 1:30 a.m., the mother went to another shelter; 3.7. there are concerns regarding the mother's mental health; 3.8. the mother wears gloves and makes the child and the sibling wear plastic gloves; 3.9. the mother explained wearing gloves because she is highly allergic to animals; 3.10. the mother confirmed being hospitalized on three (3) separate occasions in the past at the Médical institution A, at the time feeling stressed and unable to sleep.

The mother was given medication but she stopped it; 3.11. the mother expressed being stressed and unable to sleep; 3.12. there are concerns for neglect; 3.13. the mother had to be reminded to feed the child and the sibling and was observed to feed them inappropriately (yogurt, cookies, Cheez Whiz, ice cream in lieu of meals); 3.14. the mother has left the child and the sibling unsupervised inside and outside the shelter; 3.15. on May 25, 2011, a provisional agreement was signed entrusting the child and the sibling to the mother on the condition she remained in a shelter; 3.16. on May 27, 2011, the mother did not go to the shelter.

The mother called youth protection to ask if she was allowed to sleep outside the shelter; 3.17. on June 1 st , 2011, the child and the sibling appeared dirty; 3.18. the mother was seen coming to the shelter late at night and not providing routine for the child and the sibling; 3.19. the mother did not appear affectionate with the child and the sibling, was often on the telephone; 3.20. the mother would speak freely of the violence of the father in front of the child and the sibling; 3.21. the child and the sibling are exposed to the negative comments of the mother against the father; 3.22. as an example, the child knew the mother had a miscarriage because of the father; 3.23. on June 1 st , 2011, the mother asked the child to call the father in order for him to give her money; 3.24. the mother exhibited bruises on her arms and legs, she says were inflicted by the father.

There are concerns as to the origin of such bruises; 3.25. the father denies any conjugal violence; 3.26. the father stated that he does not know why the children said that they witness the conjugal violence; 3.27. the child stated the father hit the mother and also himself and his sibling; 3.28. the child told his father to stop being a bully to his mother; 3.29. immediate protective measures were invoked on June 2 nd , 2011 and the child was placed in a confidential foster family; 3.30. the mother did not say goodbye to the child and the sibling when she was told that they were going to a foster family; 3.31. the father is facing criminal charges and has conditions not to be in contact with the mother, the child and the sibling (reproduced with errors and/or omissions). [ 4 ] A motion for provisional measures was first heard on July 25, 2011.

The children were then entrusted to their father's care with the consent of each of the parties and the mother undertook to address her mental health issues. [ 5 ] The hearing on the merits began before the undersigned on August 10, 2011.

Based on the parents' admissions, the Court declared that the security and development of the children are endangered for the reasons alleged, and ordered that the children remain entrusted to their father with additional corrective measures, on an interim basis, pending the mother's psychiatric evaluation. [ 6 ] The hearing was scheduled to continue on January 30, 2012 but had to be postponed because the mother was hospitalised.

The hearing was therefore continued on April 2, 2012. [ 7 ] In light of the facts alleged in support of the motion and given more recent developments in the family's situation, the Director recommends that the children continue to remain entrusted to their father with aid, counsel and assistance, as well as additional corrective measures, for a period of one year.

[ 8 ] The mother, assisted by Me Denault, consented to the proposed measures. [ 9 ] The father, assisted by Me Brunet, also consented to the proposed measures. [ 10 ] Me Parizeau, on behalf of the children, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 11 ] The Director filed exhibits D-1 to D-6 as evidence: D-1: Copy of the children's birth certificate; D-2: Court Report by [Social Worker 2] dated August 2 nd , 2011; D-3: Addendum to the Court Report, by [Social Worker 1] , dated January 25 th , 2012; D-4: Rapport du Dr.

Adel Navidzadeh du Centre hospitalier B, en date du 19 janvier 2012 (filed under s. 294.1 C.p.c.); D-5: Certificat Médical en date du 27 janvier 2012 (deposé le 30 janvier 2012); D-6: Addendum II by [Social Worker 1] . [ 12 ] In

summary, the evidence establishes that the mother is under psychiatric care and has suffered psychotic episodes for which she has been hospitalised and prescribed medication. [ 13 ] A brief

summary of clinical findings regarding her condition reads, in part, as follows: Patient's principal diagnosis being Psychosis NOS (not otherwise specified) or brief psychotic disorder. […] She starts by having several sleepless nights followed by behavioural dysregulation (talking loudly, being agitated and disorganized). She quickly returns to normal with proper sleep and medication. […] Based on her history and other professionals' accounts, I believe the minimum I can state about Ms. A is that she is particularly sensitive to having psychotic decompensations.

The possibility of schizotypal personality disorder remains on my list of differential diagnoses but has not been formally assessed. [1] [ 14 ] However, the mother stopped taking her medication in March 2012, fearing its effects on her new pregnancy. [ 15 ] The children's parents have in fact divorced and the mother remarried in January 2012. [ 16 ] Since the couple's divorce, the father has been providing the children with a stable, structured environment in which they appear to be content.

They benefit from supervised visits with their mother which are generally observed to be positive. [ 17 ] The family's situation is summarized in the court report addendum as follow: This worker is of the opinion that despite the mother's desire to have her children in her care is (sic) not in the position to care for her children. This worker has observed the mother to have a warm relationship with her children and to have strengths with regards to teaching them but serious concerns are raised regarding her impulsivity, disorganization, lack of judgment and insight.

At this time she has not acknowledged the effect of her struggles with mental health problems and is therefore unable to make lasting changes. These issues hinder her ability to respond to the children's physical and emotional development. The children have become more stable in their home.

The father will need to make gains in terms of ensuring the children's physical and emotional well-being; however, this worker is of the opinion that the stability they have with their father is already contributing to their overall positive development. [2] [ 18 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the children's interest. [ 19 ] THEREFORE, THE COURT: [ 20 ] GRANTS the motion; [ 21 ] DECLARES that the security and the development of the children, X and Y , are compromised under

section 38 b)2) and 38

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILDREN 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 22 ] ORDERS that the children be entrusted to the care of their father; [ 23 ] ORDERS that the frequency and modality of contacts between the children and their mother be determined by the Director of

Youth Protection, including supervision if deemed necessary; [ 24 ] STRONGLY RECOMMENDS that the mother take necessary steps to address her mental health issues and follow the recommendations of her treating professionals; [ 25 ] ORDERS that the Director of Youth Protection be authorized to obtain information from the professionals treating the mother that are relevant to the children's care, taking judicial notice of the mother's consent to that effect; [ 26 ] ORDERS that the parents take an active

part in the application of the measures ordered by the tribunal; [ 27 ] ORDERS that both parents collaborate with the Director of Youth Protection, including meeting with the delegate when requested and participating in services recommended, including working with an educator if necessary; [ 28 ] ORDERS that a person working for A provide aid, counsel and assistance to the children and their family; [ 29 ] ENTRUSTS the situation of the children, X and Y , to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 30 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 31 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Adelia Ferreira / AF4558 Attorney for the Director of Youth Protection Me François Parizeau / AP5448 Attorney for the children Me Louise Denault / AX0358 Attorney for the mother Me Michel Brunet / AB6530 Attorney for the father TD/vl