2019 QCCQ 19528, 2019 QCCQ 19528

Protection de la jeunesse — 197961 2019 QCCQ 19528 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-033815-184 Date: August 27, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 27, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on June 8, 2018, whereby the now twelve year-old child, X , was entrusted to his parents with aid, counsel and assistance, for a period of one year. [ 3 ] The Court was also presented with a similar application regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application for revision dated April 3, 2019, are as follows: 3.1. the mother has not been consistently caring for the child; 3.2. the mother has been relying heavily on a sitter or neighbours to help care for the child; 3.3. the mother has yet to obtain a medicare card for both children; 3.4. the father has mostly maintained weekend visits with the child; 3.5. the child X has been observed to be wearing the same clothes to school for several days; 3.6. the child X is under stimulated and is in a special education class in school; 3.7. the child X has missed school and the school principal has been unable to reach either parent; 3.8. the child X has mentioned that the father and his girlfriend yell and swear at each other and that he gets ready for school on his own; 3.9. on or about December 31, 2018, the police were called to the father’s residence for conjugal violence; 3.10. the father resides in a 3 ½ apartment; 3.11. the child either sleeps on a mattress or other couches in the apartment;

3.12. the father’s health continues to be declining; 3.13. on or about March 22, 2019, the mother was evicted from her apartment; 3.14. on March 26, 2019, immediate protective measures were invoked and the child was placed in a foster home; 3.15. on March 28, 2019, the Court extended the immediate protective measures; 3.16. after an assessment of the situation, ongoing placement is necessary (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to a foster home, with aid, counsel and assistance, as well as additional corrective measures, until June 19, 2020. [ 6 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts, but opposed the measures recommended by the Director and approved of the father’s position. [ 7 ] The father, assisted by Me Thibault, also admitted most of the alleged facts but asked that the child be returned to his care, either immediately or within three months. [ 8 ] The child, represented by Me Cloutier, clearly expressed the desire to be returned to his father’s care. [ 9 ] The Director filed Exhibits D-9 to D-12 as evidence: D-9: Court Report, prepared by [Social Worker 1], dated June 4, 2019; D-10: Addendum, prepared by [Social Worker 1], date August 5, 2019; D-11: Father’s Probation Order dated July 9, 2019; D-12: Father’s Recognizance dated July 9, 2019. [ 10 ] In

summary, the evidence establishes that the child is doing very well in the foster home but wants to return to his father’s care. [ 11 ] The Addendum describes as follows the father’s continued involvement in his children’s lives since their placement: Mr. B has picked up the boys from the foster mother and has dropped them off at the agreed upon scheduled time. During his weekend visits, he has taken both boys to places such as a camping as well as to Ms. C’s parents’ house.

He attended X’s elementary school graduation along with his girlfriend and has been to Y’s football practices. [2] [ 12 ] At the hearing, the foster mother confirmed that the father was always punctual for visits with the children. Moreover, she described the children’s strong attachment to their parents; they talk about their parents and function better when they connect with their father. They look forward to his visits and wish that they could be with him, especially X. [ 13 ] As for the father, he described the improvements in his situation since the children’s placement in foster care.

As of July 1 st , he has appropriate housing for the children, his health is stable and the charges pending against him have been dropped, as confirmed by the social worker. [ 14 ] His girlfriend is seven months pregnant but they do not live together and he claims he wants to make it his priority to care for his sons and to take his relationship with his girlfriend one day at a time. [ 15 ] He also indicated that he is voluntarily seeking anger management services and is open to any steps or services required to have the children entrusted to his care. [ 16 ] Finally, he explained that he lives over an hour away from the foster home, making a gradual reintegration unrealistic for the children during the school year. [ 17 ] The evidence therefore shows that the father has made consistent efforts to maintain a strong presence in the children’s lives, that he is eager for the children to return to his care, as are the children to be with their father.

He has made appropriate living arrangements for the boys and claims to be committed to making their well-being his priority.

He has benefitted from anger management counselling services and is open to continue to receive services to support him in caring for the children and to collaborate fully and openly with social services. [ 18 ] Under the circumstances, the need to extend the children’s placement in foster care for an additional year has not been established. [ 19 ] Although the father’s uncertain relationship with his girlfriend and the upcoming birth of their child can reasonably be expected to cause a certain amount of instability in their lives, it should be possible, with appropriate safeguards, to ensure that the children’s needs are met adequately. [ 20 ] Ideally, the children’s gradual reintegration to their father’s care would have been preferable to allow the family time to make any necessary adjustments. [ 21 ] However, the distance between the father’s residence and the children’s school near the foster home makes it unrealistic to implement a gradual reintegration to their father’s care.

[ 22 ] In addition, having to change schools mid-year would likely have a negative impact on the children, especially in X’s case, given his particular challenges: […] X has serious learning disabilities and he cannot read or write. [3] [ 23 ] For all these reasons, the Court concludes that an immediate entrustment to his father’s care is in the child’s best interest, provided certain conditions are respected. [ 24 ] As for the mother, she readily acknowledges the difficulties that have prevented her from caring for her children and is prepared to take steps to gradually increase her presence in their lives. [ 25 ] In the meantime, she fully supports her children’s return to their father’s care and has contributed financially to support their extra-curricular activities.

THEREFORE, THE COURT: [ 26 ] GRANTS the application in part; [ 27 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 28 ] ORDERS that the child be entrusted to the care of his father, as long as the following conditions are respected: • that the child be registered to attend school; • that the child attends school regularly and that arrangements are made to ensure that the father can take the child to school and has adjusted his work

schedule accordingly; • that the father agrees to work with an educator, minimally twice a week, for as long as necessary; • that the girlfriend’s father does not move in with the father, until the child’s situation has stabilised, and only with the Director of Youth Protection’s prior approval; [ 29 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 30 ] ORDERS that contacts be encouraged as much as possible, taking into account the child’s wishes; [ 31 ] TAKES JUDICIAL NOTICE that supervised extended visits with the mother will be organized initially and that contacts may gradually be increased once the child’s situation has been stabilized; [ 32 ] ORDERS that the family benefit from the services of an educator, minimally twice a week, for as long as necessary; [ 33 ] RECOMMENDS that the father continue to receive support services for anger management; [ 34 ] RECOMMENDS that the father continue with follow-up services regarding his mental health, more specifically depression; [ 35 ] AUTHORIZES the Director of Youth Protection to share and obtain information from professionals involved with the family, including the father’s probation officer; [ 36 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 37 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 38 ] THE WHOLE for a period of one year.

Signed on September 27, 2019

TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me Francis Cloutier Attorney for the child Me Anne Thibault Attorney for the father TD/vl