2018 QCCQ 20706, 2018 QCCQ 20706

Protection de la jeunesse — 1811500 2018 QCCQ 20706 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-031557-168 DATE : June 11, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2010 Director of Youth Protection A Applicant A Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ 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 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to revise and to extend the order rendered on December 13, 2016, declaring the security or development of the child endangered as a result of psychological ill-treatment as well as a risk of negligence, and maintaining him in the care of the mother with a social follow-up as well as other corrective measures for a year. [ 2 ] The Director alleges that the mother has failed to demonstrate any progress with respect to issues previously identified.

Furthermore, it is submitted that new facts justify a review of the previous order, namely, that the mother’s personal situation has deteriorated to the point where she can no longer adequately care for the child. This context has led to the provisional placement of the child in a foster family. [ 3 ] Although an extension of the foster family placement was initially proposed, the Director agreed to an interim measure in order to allow the mother time to demonstrate the capacity to improve her situation sufficiently to recover the custody of her son. [ 4 ] The mother has since done so.

Consequently, the Director now recommends that the child be entrusted to the mother with a social follow-up and other corrective measures for a period of one year. [ 5 ] The mother makes certain admissions pertaining to the state of endangerment but denies the allegations regarding her continued unstable lifestyle and lack of overall progress. Nevertheless, she recognises that she needed to reorganize her personal situation before resuming her parental responsibilities. She believes she has achieved these objectives and feels prepared to resume caring for her son on a full time basis.

Acknowledging that the Director’s intervention remains necessary, she consents to the measures proposed. [ 6 ] The child’s lawyer is of the opinion that the measures proposed serve the child’s interests. The Context [ 7 ] The evidence establishes the following situation: [ 8 ] In the months following the previous order, the mother’s friendship with another woman became abusive. Multiple altercations occurred and the mother was injured on at least one occasion.

Moreover, the child was often present when violence was utilized. [ 9 ] Despite putting an end to their friendship, the mother was continually harassed by her former friend. Police intervention was subsequently required and the friend, Ms. B, was warned to stay away but to no avail. The fact that the friend’s son attended the same school as the child aggravated an already tense situation. Although the mother was encouraged by the social worker to lay a proper complaint, she failed to do so.

[ 10 ] During this period of time, the child’s academic performance suffered and the lack of a secure home environment was identified as the primary contributing factor. The mother acknowledged the need to preserve the child from the chaos and agitation of her personal life. Nevertheless, the situation worsened. [ 11 ] In May 2017, the child was approached by Ms. B while in the schoolyard. Although what she said to the child is not known, he cried as a result of her words.

The mother reacted by pulling the child out of kindergarten and thereby announced her intention to home school him until the end of the year. [ 12 ] Meanwhile, the mother’s financial situation became precarious following her failure to file her taxes on time, leading to the suspension of her child and family benefits. She struggled to meet the child’s basic needs, relying on assistance from food banks, friends and emergency funds provided by social services. [ 13 ] During this period, the mother renewed contact with her sister despite a history of conflict.

With the intent of moving closer to her, the mother registered the child in a school close to the sister’s home. [ 14 ] In September 2017, the mother informed the social worker that her home had been broken into, that all her valuables had been stolen and that the apartment had been vandalized. Despite affirming that she had laid a complaint with the police, the mother was unable to provide a police event number or any other information confirming her words. [ 15 ] Following the break and enter, the mother moved her things into her sister’s home.

However, the situation broke down after her sister’s boyfriend hit the child in a fit of anger. After staying with friends for a while, the mother was eventually directed to a shelter able to house her for a period of three months. During this time, it was expected that the mother would get back on her feet with the assistance of the resource educators as well as the social worker. [ 16 ] The instability of the family’s residential situation greatly impacted the child’s sense of security.

His behaviour became progressively more disrespectful and difficult to manage. [ 17 ] Before any actual progress could be made, the mother was expelled from the shelter following allegations that she sexually abused another resident. The mother denies the allegations in question but was required to leave nonetheless. Under the circumstances, emergency measures were invoked and the child was placed in a foster home where he remains currently. [ 18 ] The child’s adaptation to his situation has been difficult. He is often upset when his mother leaves at the end of a visit and his academic performance has declined.

Although the social worker is trying to implement art therapy sessions to help him deal with the trauma he has endured, the child remains on a waiting list. [ 19 ] According to the foster mother, the child is well behaved and is doing relatively well despite the circumstances. [ 20 ] The mother acknowledges needing support to stabilize her situation and to provide a proper home for her son. She is working on her finances and has filed her income taxes. She affirms that she has been attending AA meetings although she has yet to provide confirmation to that effect.

T HE S ITUATION S INCE THE I NTERIM M EASURES [ 21 ] More recently, the mother has secured proper housing and her financial situation has improved. The home is described as “… clean, organized and the fridge [is] full of food . [1] ” [ 22 ] Day visits between the child and his mother have quickly turned into weekends and even a full week on one occasion. [ 23 ] The mother has been attending therapy sessions at the CLSC for some time in order to deal with her personal trauma including her difficulties with interpersonal relationships.

In her testimony, she acknowledges without hesitation her past relationship issues and the prejudicial impact on her son. She describes the various measures that she has taken to avoid a repetition of the abuse that she has suffered in the past and commits to maintaining services as long as needed. [ 24 ] An educator is also involved in order to assist the mother with budgeting and providing for her son’s educational needs. It should be noted as well that her collaboration with the social worker has markedly improved. [ 25 ] At school, the child’s overall situation has improved.

Communication between social services, the staff and the mother has been constant and everyone appears to be on the same page. According to the social worker and with the school’s assistance, the child will undergo an academic assessment to determine what services are required. Analysis and Conclusion [ 26 ] The mother has committed to putting order back into her life so as to provide a proper home for her son. [ 27 ] The Court notes that beyond his materiel needs, the child requires safety and emotional stability when in his mother’s care.

The mother’s past relationships have proven to be harmful both for herself and the child. [ 28 ] The child has already been exposed to multiple incidents of violence between the mother and her various members of her entourage, all of which has greatly impacted his sense of security and his development. [ 29 ] Although the mother is clearly devoted to providing for her son’s basic needs, it is equally important to avoid dysfunctional and unhealthy relationships in the future. The improvements justifying the child’s return to his mother’s care take into account her determination in that regard.

[ 30 ] The mother has invested time and energy into therapeutic services and has clearly gained insight into her situation. The Court considers that such an endeavour is an essential part of the intervention plan and invites the mother to continue her efforts.

The child’s emotional health must be prioritized. [ 31 ] Keeping in mind the change in the mother’s circumstances, the Court concludes that the measures proposed by the Director, and adhered to by the parties, best meet the child’s needs. [ 32 ] FOR THESE REASONS, [ 33 ] THE COURT: [ 34 ] GRANTS the application for revision; [ 35 ] DECLARES that the security and development of the child are still in danger pursuant to the Youth Protection Act ; [ 36 ] ORDERS that the child be entrusted to the care of his mother; [ 37 ] ORDERS that the mother ensure that the child does not come into direct or indirect contact with Ms.

C; [ 38 ] ORDERS that the mother ensure that the child is not exposed to any form of physical or verbal violence; [ 39 ] TAKING JUDICIAL NOTICE of her intent to do so, ORDERS that the mother ensure that the child’s medical and educational needs are met in a timely manner and that she follow through with the recommendations made the professionals; [ 40 ] ORDERS that the child receive therapeutic services to address his trauma; [ 41 ] TAKES JUDICIAL NOTICE that the child is scheduled to start art therapy as well as a trauma assessment; [ 42 ] ORDERS that the mother cooperate with an educator for as long as deemed necessary; [ 43 ] TAKING JUDICIAL NOTICE of her consent to do so, ORDERS that the mother undergo random drug testing at the request of the social worker; [ 44 ] TAKING JUDICIAL NOTICE of her consent in this regard, ORDERS that the mother cooperate with the school officials at the child’s school in order to determine and meet his educational needs; [ 45 ] AUTHORIZES the Director of Youth Protection to obtain and share information with any professional working with the child and family; [ 46 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 47 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 48 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On June 13, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Sym Davis Attorney for the D.Y.P. Me Alec Fafard Attorney for the child Me Mathieu Farazandeh Attorney for the mother Date of hearing: June 11, 2018