2018 QCCQ 19575, 2018 QCCQ 19575

Protection de la jeunesse — 1810830 2018 QCCQ 19575 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002224-183 DATE: November 1, 2018 (written judgment rendered on February 12, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2016 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and B , residing and domiciled at [...] Mother and C , residing and domiciled at [...] ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2016, are in danger under

section 38 (e) (2) [1] of the Youth Protection Act . [ 2 ] The DYP recommended that the child be entrusted to his mother, but changes the recommendation for a foster family. Position of the parties [ 3 ] The parents are present by videoconference from Town A where they are with their younger daughter, A. [ 4 ] The mother is represented by Me Tommasel. She admits that the security and development of the child are in danger and she wants the children to come back home as soon as she comes back in the community. [ 5 ] The father is represented by Me Neptune.

He recognizes that the security and development of the child are in danger and wants that while he is in treatment, the children are with the mother at the family household. [ 6 ] The child is absent but represented by Me Léonard. The child’s lawyer submits to the Court that the measures suggested being in his best interest. Facts [ 7 ] The parents have four children, Y (5 years old), Z (3 years old), X (1 year old) and A (3 months old). They are living together for five years and have a violent conjugal relationship. [ 8 ] On June 9, 2018, the father, while intoxicated, assaulted Y and Z.

The children had several injuries and were brought to the nursing. They had bruises on their face and arms. Z also had blood around his nose and scratches on his cheek and on his back. [ 9 ] The father does not remind the event. The mother was not present when it happened, as she had left the house because she knew the father could be mad and violent. She was pregnant at that time. [ 10 ] The father has a restraining order and has no right to live with the mother and the children.

Since the event, the mother move to another house with her three children in the same village. [ 11 ] When the mother was met on June 29, she said she wants to go back to her house with the children and the father. She wants the

family to be reunited. [ 12 ] When the father was met, even if he does not recall the event, he admits having difficulty to manage his anger. He is following a program, he learnt to leave the house when it’s too tense, but this time he did not. He explains he had a very difficult childhood. He would like to be able to speak about that with the mother, but she refuses to hear about that. He feels depressed and ashamed about what he did. The father is known for having a low self-esteem and suicidal ideation. [ 13 ] The father filed the form to attend Portage.

The following steps are not done yet, but he receives a follow-up with Social Services to address his alcohol consumption issues. He also has a lot of support from family members. [ 14 ] The mother is in Town A since the birth of A, as she is premature and needs specific medical care. The father went to Town A on the month of August to see the mother and the new born. X was living with his paternal grandparents and Y and Z were living with their aunt. [ 15 ] One supervised visit took place since the event. X remained in the arms of his father during all the access.

Each time, the father tried to put him on the floor, he cried and was very calm in his arm. [ 16 ] In October, the mother was still in Town A and the father went with her. The nurses confirm that they are very present with A, always sober and without any violent behaviour. During that time, Z and X were with their paternal grandmother and Y with her maternal grandmother. [ 17 ] Over the weeks, the mother maintained her discourse: she wants to live with the father and her children, and she is confident that no other violent event will occur.

She says she needs the presence of the father to raise her children. [ 18 ] The father also wants the family to be reunited, but for the best interest of his children, he is ready to do anything is needed. He is waiting to entrust Portage. While he is in Town A, he does not receive a follow-up as in Town B. [ 19 ] Because of the position of the mother, the DYP now recommend entrusting the children in a foster family. For the DYP, it’s not possible to insure the safety of the children if they are entrusted to the mother, as she wants to live with the father.

At the beginning of the hearing, the mother said she wants to have her children back with her in the family household, without the father. The DYP worker appreciate hearing this change of mind from the mother, but is concerned regarding the real motivation.

If the mother accepts the conditions and to collaborate with the DYP in the way to give her tools to protect her children, and to be prepared for the father’s return at home, the DYP worker considers it would be possible. [ 20 ] Regarding the father, the DYP wants him to work on his issues (anger and alcohol consumption) to be able to identify the reason of his anger and prevent those kinds of very sad events. [ 21 ] For now, the DYP worker does not know when A will have the right to leave the hospital, and she doesn’t know when the parents will be back. [ 22 ] The father testifies having started the steps to entrust Portage before the birth of A.

He still has to do the phone interview which will be done when he is back in Town B, in the presence of the social worker. [ 23 ] The father confirms that he agrees that the mother lives in the family household with the children, but when he is back in Town B after his therapy, if he still has criminal conditions, he will have difficulties to find a place to stay. He appears very distressed. He wants his children to be maintained with their mother. [ 24 ] The mother does not have many places to stay either. The best for her would be in the family household and it’s what she suggests to the Court.

Analysis [ 25 ] The mother has good parental capacities. The children are always well-taken care. Since the conditions were imposed, she respected it. But as she frequently expresses that she would like her family reunited, we can question her capacity to protect her children. [ 26 ] Considering her recent awareness, we can hope that she realizes the importance for the children to be with their parents and to be protected by them.

The Court considers it’s in their best interest to be close to their mother, so the Court will entrust the children under her care as long as she respects the strict modalities of contacts between the children and the father. [ 27 ] The father consents that the mother use the family house and engages himself to find another place to stay. If difficulties occur, the DYP mentions being available to help the mother to find a place to stay with the children.

FOR THOSE REASONS, THE COURT: [ 28 ] GRANTS the application; [ 29 ] DECLARES that the security and development of the child X, born on [...], 2016, are in danger under

section 38 (e) (2) of the Youth Protection Act ; [ 30 ] ORDERS that the child be entrusted to the paternal and maternal grandparents as foster families if they are accredited as such until the mother be back in Town B; [ 31 ] ORDERS that the child be entrusted to the mother as soon as she is back in Town B, under the following conditions: • to the strict exclusion of the father;

• she receives regular follow-up from the Social Services regarding conjugal violence and tools to protect her children; [ 32 ] TAKES ACKNOWLEDGE that the father agrees that the mother stay in the family house with the children; [ 33 ] AUTHORIZES the Director of Youth Protection to entrust the child to their paternal or maternal grandparents as foster families, if they are accredited as such, if the mother does not respect the conditions; [ 34 ] ORDERS that the contacts between the child and the father be determined and facilitated by the Director of Youth Protection regarding the frequency, terms and modality, including the presence of a third party authorized by the Director of Youth Protection; [ 35 ] ORDERS that the parents participate actively in the application of any of the measures ordered by the Court, including a follow-up with the Social Services; [ 36 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 37 ] ORDERS that the parents remain sober in presence of the child; [ 38 ] ORDERS that the father remain without any violent behaviour in the presence of the child; [ 39 ] TAKES ACKNOWLEDGE that the father is willing to go to Portage and the Court encourages him to go to Portage or any other treatment as soon as possible; [ 40 ] RECOMMENDS that the father seek help through the Social Services concerning his alcohol, drugs and anger management issues; [ 41 ] TAKES ACKNOWLEDGE that the Director of Youth Protection can help the mother to find a place to stay with the children; [ 42 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 43 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 44 ] ORDERS the police to collaborate to the execution of the enactment if requested by the Director of Youth Protection or any one of his representatives; [ 45 ] THE WHOLE until April 16, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Marianne Léonard, attorney for the child Me Angèle Tommasel, attorney for the mother Me Cassandra Neptune, attorney for the father Date of hearing: November 1, 2018