2019 QCCQ 16137, 2019 QCCQ 16137

Protection de la jeunesse — 1910395 2019 QCCQ 16137 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002203-187 DATE: August 6, 2019 (written judgment rendered on November 27, 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 person by the Director of Youth Protection A, working in [...] Applicant and C, residing and domiciled at [...] Mother and D , presently detained at Centre Fédéral de Formation in Laval, district of Laval (Quebec) H7C 1P1 Father ______________________________________________________________________ JUDGMENT (Section 95 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 extend a decision rendered on August 22, 2018, regarding the child X, born on [...], 2016. At that date the Court declared the security and development endangered under

section 38 (b) (1) iii. [1] of the Youth Protection Act and entrusted the child to a foster family, until April 15, 2019. [ 2 ] The DYP submits that the situation does not allow a return of the child to her parents and recommends entrusting her to the foster family of Mr. E and Ms. F until her majority. Position of the parties [ 3 ] The mother is present and represented by Me Tommasel. She admits some of the allegations, and the measures are contested. She wants a foster home in the community . [ 4 ] The father is present and represented by Me Mocanu Culuri.

He admits some of the allegations, and the measures are contested. He wants a foster home in the community. He suggests two persons, G and H. [ 5 ] X, who is 2 and a half years old, is absent, but represented by Me Boudreau. The child’s lawyer has a legal mandate. At the end of the hearing, Me Boudreau told the Court that the situation remained endangered and invites the Court to grant the recommended measures. History of the situation [ 6 ] On August 16, 2018 , on provisional order, X was entrusted to a foster family. [ 7 ] On August 22, 2018 , the situation of X was submitted to the Court.

She was 20 months old. The situation of the family was known from the DYP since 2010. The parents have three other children who are entrusted to foster families for a few years because of the parents’ alcohol consumption issues and conjugal violence. X was entrusted to a foster family on voluntary measures in May 2017 in City A, in the same foster family as her sister. In September 2017, she went at [Centre A] with her mother. On May 18, 2018, the mother came back to City A after having completed the [Centre A]’s program, but relapse soon after. [Centre A] offered her to come back and she accepted.

The father was detained for conjugal violence. The Court declared the security and development endangered and entrusted her to a foster family until April 15, 2019. [ 8 ] On February 27, 2019 , a provisional order was rendered and the child was entrusted to a foster family. [ 9 ] On April 16, 2019 , because of the lack of time to proceed, the Court maintained the status quo, postponed the hearing in May 2019, and ordered that the grandmother be evaluated as a potential foster family.

[ 10 ] On May 17, 2019 , still because of the lack of time to proceed, the Court maintained the status quo and postponed the hearing in August 2019. Facts [ 11 ] In February 2018, X was entrusted to the E-F’s family, the same foster family as her sister Y. She is there since and she is doing very well. She knew them as she was entrusted there before going to [Centre A] with her mother. The E-F are available to take care of her until she reaches her majority. [ 12 ] In December 2018, a child, which was fostered by the same foster family, deceased.

During the investigation, X and her sister were placed in an emergency foster family. The investigation concluded that it was a sad accident. X and her sister came back with their foster family. [ 13 ] X and her mother are living in City A. Because of allegations of physical abuse from the mother on her daughter Z, the DYP worker imposed supervised visits which took place at the DYP’s office and everything goes well. [ 14 ] X is very attached to her sister Y and her foster family. No issues regarding her development are noted, except regarding her language.

She does not speak a lot and maybe it’s due to the facts that she heard three languages. [ 15 ] On May 20, 2019, the foster family, who had always planned to move down South for retirement, confirmed the date of the move. They keep being still available to foster X and her sister. If the girls are entrusted to them until their majority, they will be able to continue to be involved with them. [ 16 ] Mr. E testify having a very good routine at home. As they ever foster seven children, they have no choice than to have routine and structure. The family lives in City A for six years now. Mr.

E works for the school board and has a house provided by his employer. As he will retire soon, he bought a house in City B. He is very attached to the North, and if it would be possible for a non-Inuit person to have a house in the North, he would have one. [ 17 ] Because he has a lot of vacation, the girls frequently travel down South with the family and the girls know the house in City B and love it. [ 18 ] The girls were present went the family bought this house, and they decided about the decoration of their room.

At that time, the mother was at [Centre A] in City C and they bring the girls there to have a visit with their mother. [ 19 ] X and Y did not start school yet. The E-F planned to register them at the day care, but as the service is not regular (educator not always present), they decided to keep them at home as Ms. F does not work. [ 20 ] Mr. E explained that the girls travelled a lot with them. They went to New Brunswick, Nova Scotia, British Columbia, Prince- Edward Island and Ontario. They are an entire part of the family. Their biological son, who lives in City D, is also attached to the girls.

He and his wife already offered their support to foster the girls if something happened to their parents. [ 21 ] According to Mr. E, the girls are well aware that City A is their community. Mr. E understands Inuktitut and is now learning to speak it. The girls are living in a French and English’s environment, but they understand Inuktitut. [ 22 ] Mr. E explained that the contact with the Inuit culture is done when the girls visit their parents, which, according to him, happened too rarely. Mr.

E try as much as he can to obtain country food for the girls. [ 23 ] For the future, he wants the girls to visit their family in the summer to enjoy traditional activities (camping, fishing, picking berries, etc.). First of all, as the DYP pays four trips a year, he really wants to take advantage of it and agrees to offer more. [ 24 ] In City B, he will have access to the Association A, to an Inuit School to learn Inuktitut, and girls will have the opportunity to watch APTN, a television channel where there are good programs. [ 25 ] Mr. E describe the relation between the sisters as twins.

With the other siblings the relation is good, but he would like the contacts to occur more frequently than during the visits with the parents or funerals. [ 26 ] The girls are knowing very well who are their parents and make clear distinction between the foster family and the biological parents. The father is I, the mother is J, Mr. E is Daddy and Ms. F is Mummy. [ 27 ] The foster family is moving definitively down South on August 9. Mr. E explains his decision to have his retirement by the facts that he is well aware that difficult periods could occur with the girls.

So he would like to be very present with his wife to support X and Y in their development. [ 28 ] The DYP worker explained that attempts were made to find an Inuit foster family in the community for the girls, but no one was found. The bond between the E-F family and the girls is very strong. X needs stability and the maximum period of placement is reached. The DYP worker is convinced that it would be prejudicial to remove the girls from the E-F’s. [ 29 ] On November 8, 2018, the mother was arrested and detained while intoxicated.

Because she was pregnant, a baby alert was signalled. [ 30 ] In November 2018, the DYP worker spoke with the parents twice to obtain their consent for a psychological evaluation for their son A, but they refused each time. [ 31 ] The father was supposed to be released in March 2019. When the DYP worker asked him what his plan for the future was, he said he had the intention to live at his mother’s place, and that he was ambivalent regarding his relation with the mother.

[ 32 ] Although the mother completed [Centre A]’s program on two occasions, she still displays alcohol issues, but she is able to improve her situation each time the father is detained for a long period of time. [ 33 ] The mother gave birth to a son, B, on [...], 2019. The day after, the father was released as scheduled from detention. [ 34 ] The DYP worker did not know if the father had conditions regarding communication with the mother, as the father refused to give him the authorization to communicate with his parole officer.

When questioned by the Court, the DYP worker admitted he was not aware that those conditions were not confidential. [ 35 ] The father was present in Court on April 16, 2019, when the hearing had to be postponed. [ 36 ] Between April and May 2019, multiple events of conjugal violence occurred between the parents. The situation was degrading rapidly. [ 37 ] On July 22, the mother called the DYP worker. She was crying. The father would have ended the relation as he had another girlfriend in City E, and said he did not want to be involved in B’s life.

Finally, by the end of the day, the parents were drinking together. [ 38 ] On July 23, the DYP worker met the parents, who had consumed a lot, the prior night. They said that it was the last time, and planned to enter [Treatment Centre A]. The mother recognized that the conjugal relationship was a toxic one, but she refused to break up, even if she is conscious that this relation is one of the principal reasons for the placement of her children. [ 39 ] On July 26, another violent conjugal event occurred, and the mother was hospitalized.

On July 29, the parents started a follow- up with the Social Services to register at [Treatment Centre A]. [ 40 ] Finally, the father was arrested and detained, but because the mother refused to press charges, he was released. Both were intoxicated. When questioned about her intentions, the mother said she was very ambivalent regarding her relationship. [ 41 ] At the hearing, the father was detained again in City A, waiting to be transferred in City F. His lawyer went to see him at the police station, and he accepted to come to the Court house.

He was present for the beginning of the hearing, but after the lunch break, he decided to take the plane to go down South, even if he was informed that the Court could make him travel the day after. [ 42 ] The DYP worker testifies that the mother generally exercises her accesses, except if she is intoxicated or injured. She collaborates with the services and recognizes being in an abusive relationship. According to the DYP worker, for now, the mother’s main issue is the toxic relationship. [ 43 ] The mother testifies and admits that she does much better when her spouse is not there.

When she is alone, she is able to take care of her children. When he is there as he consumes, she also consumes, and he becomes violent. The relationship has been the same from the beginning, for the last 12 years. [ 44 ] She said that she has decided to end the relationship. She sees that the family situation always follows the same pattern. He is released, and after only five months, he is detained again. [ 45 ] The mother wants to go back to [Centre A] with her baby. She feels she needs the program once more, and she also knows that when in City C, she won’t feel pressure from her spouse.

When she ever refused to go to [Centre A], it was because the father promised to change and to help her get the children back, but he did not respect his promise. She does not want her baby to be entrusted as are the five others. [ 46 ] She says that today, she has more evidence of his lack of collaboration, as he preferred going to City F instead of staying here to support her in her request. [ 47 ] The mother is sad to see that her young daughters could be entrusted until majority down South.

She fears that when her children are older, they won’t be able to connect with their family, and they won’t have an attachment with them. She recognizes her mistakes, but she loves her children nonetheless, and she will always love them. She is very scared to lose them. She is not able to see her children leaving anymore. [ 48 ] The mother spoke with family members who mentioned being available to foster her two youngest daughters.

Unfortunately, they are in Montreal for a vacation, therefore not present at the Court to testify to that effect. [ 49 ] The mother recognizes that the E-F are taking very good care of her daughters, but she is frustrated to see that they decided to move just before Y started school. She knows that they will offer them stability, but finds it too hard to see them leaving so far away. [ 50 ] The mother has been a prenatal worker at the hospital for nine years. She is now on maternity leave.

She would like to use this time to meet with Social Services before going to [Centre A]. [ 51 ] She is financially independent and she was the only one with a job in the household. The mother pays for everything (rent, food, etc.). Analysis [ 52 ] The situation of the child remains endangered mostly because of the toxic conjugal relationship and the alcohol consumption. [ 53 ] The father is detained and does not plan to have the children back under his care in the near future. [ 54 ] The situation of the mother is not an easy one. For the last 12 years, she has stayed in a toxic and violent relationship.

She is able to regain some form of stability each time the father is detained. Today, the placement of her two youngest daughters is requested,

and she really feels that she needs to take drastic steps. [ 55 ] She is scared for her daughters. She is also scared for her baby, and wants to be sure that he won’t have the same childhood as the others. [ 56 ] She realizes that everything that happened in her life is due to her toxic relationship. She was hospitalized many times because of injuries. Her children were placed in foster families and moved from one to another because of the parents’ relationship. [ 57 ] She seems to realize the seriousness of the situation, and she is able to name the origin of her difficulties.

The Court encourages her to continue in this path, but told her that it wouldn’t be easy. The risk that the father comes back when he will be released is present. The further risk that she gets back with him is high. [ 58 ] The Court also told her that her desire to enter [Centre A] to be far from the father is not a good reason to attend a therapy, but the Court understand her needs. [ 59 ] The mother will have to be supported with her desire to change her way of life. The DYP will have to be present to accompany her through difficult changes, as it’s always easier to remain in the same pattern.

Changes are challenging, and require a lot of energy and willingness. [ 60 ] The mother deeply loves her children, and the Court is convinced that, if she is well supported, the mother will be able to achieve her goals. [ 61 ] X is fostered by the E-F’s family for many months. The foster family offers her a loving and caring environment. At their place, she is stable and has a healthy routine. [ 62 ] The foster family is moving down South, and the Court understand that this situation is very difficult for the mother to accept.

But for now, the Court has the evidence that the maximum period of placement is reached, the mother is not in a position to have her daughters back, and she won’t be in a near future. The mother has to take care of her and to address her issues. [ 63 ] The bonds between the girls and the foster family are very strong and it would be a prejudice for them to be removed. Moreover, the foster family has an important desire to maintain contact with the biological family and the culture.

It is in the best interest of the girls to be entrusted with the E-F until they reach their majority. [ 64 ] The mother plans to attend [Centre A] with her youngest son. There is no reason to deny this request. She has to be encouraged in this process, and it would be the best opportunity for her to address her issues while developing strong bonds with her baby at the same time. FOR THOSE REASONS, THE COURT: [ 65 ] GRANTS the application; [ 66 ] DECLARES that the security and development of the child X, born on [...], 2016, are still endangered; [ 67 ] ENTRUSTS the child to Mr. E and Ms.

F until her majority; [ 68 ] ORDERS that X benefit from a minimum of four visits per year to have personal contact with her parents and extended family. This frequency excludes the trips for funerals; [ 69 ] ORDERS that X benefit from a minimum of a weekly contact with her mother by phone or video calls while her mother is in the North; [ 70 ] If the mother entrusts [Centre A] with B, ORDERS that X benefit from a minimum of a weekly visit with her mother if the rules of [Centre A] allow for it.

If not, the visits will take place according to the minimal frequency authorized by [Centre A]; [ 71 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between X and her father be determined by the Director of Youth Protection; [ 72 ] ORDERS that contacts between the child and her siblings be favoured; [ 73 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 74 ] ORDERS that the parents report in person or by phone, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 75 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 76 ] STRONGLY RECOMMENDS that the mother seek help through the Social Services or other resources in the community ([Centre A] after care program, AA meetings, etc.), or Therapy Center concerning her alcohol and personal issues; [ 77 ] RECOMMENDS that the father seek help through the Social Services or other resources in the community concerning his alcohol and anger management (violence) issues, once he is released from prison; [ 78 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the family; [ 79 ] ORDERS the police to collaborate to the execution of the enactment;

[ 80 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 81 ] THE WHOLE until [...], 2034. __________________________________ PEGGY WAROLIN , J.C.Q. Me Caroline Daniel, attorney for the Director of Youth Protection Me David Boudreau, attorney for the child Me Angèle Tommasel, attorney for the mother Me Ana-Maria Mocanu Culuri, attorney for the father Date of hearing: August 6, 2019