2013 QCCQ 1716, 2013 QCCQ 1716

Protection de la jeunesse — 1386 2013 QCCQ 1716 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000418-126 DATE: January 9, 2013 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] An amended petition for protection purpose in respect of X (1999-[…]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth protection act. [ 2 ] The parties agree that the petition is heard jointly with the one of her sister. [ 3 ] The petition is based on the following assertions and facts :

a) on June 22, 2012, an emergency call came in on the on-call regarding Y ;

b) there was concern that Y had been sitting around with 3 intoxicated men for over an hour ;

c) Y was brought home ;

d) Y had been riding a bike that was twice her size ;

e) when youth protection delegate arrived at the residence, Y responded that she was hanging out with her friend, who happens to be a male in his 40’s ;

f) the mother was home and did not know of her daughters whereabouts;

g) the mother assumed Y was with the father ;

h) the father was nowhere to be found ;

i) the youth delegate was informed that the father was out drinking with his friends ;

j) an earlier intervention with the A Police Department has occurred that day; the father had been threatening the mother ;

k) home environment is unstable, parents live at the same address, however, are not together; the father has common-law girlfriend living with him ;

l) mother is currently enrolled in a methadone program ;

m) alcohol and drugs are key issues with the father and common-law girlfriend ;

n) the children are subjected to domestic and lateral violence ;

o) police interventions occurred on a regular basis ;

p) the children have been battling with lice for the past two years ;

q) the youngest child Y shared that her father used a pressure washer on their head to remove the lice ;

r) the children were put into placement on February 9, 2012 and returned home on February 13, 2012 ;

s) the family had agreed to work diligently with A program ;

t) the mother failed to keep her commitment to work with A, a prevention program ;

u) throughout the school year, there have concerns of lice and where the children have been staying ;

v) most often, the children stays with an aunt or friends ;

w) also there was an attendance issue at school with X;

x) X was complaining that she did not have clothes and did not want to attend ;

y) the children needs a stable home environment and responsible adults to protect them and answer their needs ;

z) on September 6, 2012, X refused to comply with the judgement rendered the same day, and has been entrusted to a rehabilitation center under immediate protective measures ; aa) on September 13, 2012, while she was still refusing to comply with the Court order, she ran away from the rehabilitation center ; bb) she has been found the same day; cc) on October 17, 2012, X ran away from her foster home, from 11 pm until 12 am ; dd) X is defiant in her behaviours ; ee) her level of cooperation is unstable ; ff) X gets frustrated easily and acts up ; gg) X refuses to stay in foster family ; hh) X wants to stay with her father ; ii) the environment of the father is still unstable ; jj) X needs a secured and safe environment ; [ 4 ] At the hearing, the parents are present and not represented.

The child is represented by a lawyer. [ 5 ] The Director of youth protection asks the Court to declare that the security and the development of the child and her sister are in danger and that they both be placed until March 6, 2013 (Y with a foster family and X in a readaptation center as she does not want to be entrusted with a foster family). [ 6 ] The parents and the child's lawyer contest and ask that the children be returned with their father. [ 7 ] The Court studied the petitioner's psychosocial reports, the progress reports of an educator working with the mother, documents from the school and police occurrence reports.

[ 8 ] The Court heard the testimony of Mrs [social worker 1], the petitioner, and of Mrs [social worker 2], the external educator. [ 9 ] The Court also heard the parents. [ 10 ] Without the necessity to enter in all the details, the evidence of the Director of youth protection reveal the following : - the parents are exhibiting a lot of unstability regarding their marital status and the over-all family dynamics is dysfunctional ; - at times, the mother stays in a house close to the father's house as the father seems to maintain relationship with another woman ; - the relationship between Mr C and the mother is not clear.

She had a child with him and is actually pregnant; this relationship is tainted with verbal abuse and control ; - the mother works with an external educator (Mrs [social worker 2]) in order to get out of this abusive situation, to find a home in A and to address her personal issues as well as parental skills ; - the father has to take care of his old father who needs help on a daily basis ; - Mrs [social worker 1] was unable to really understand the exact situation of the parents and it was difficult for her to get in touch with them to evaluate their environment, especially the father ; - the children live a residential unstability ; - the situation was reported to the Director of the youth protection as Y was found alone with three intoxicated male adults (one of them being described by Y as a friend) ; - the parents recognize a very difficult past including severe substance abuse problems (the mother is on a methadone program and the father, while claiming being sober for three years, still maintains regular cannabis use ; - the mother claims having been under the control and domination of Mr B over the years and having endured physical and emotional abuse.

She gave many details to Mrs [social worker 1] which are documented in her reports ; - throughout the school year, there have been multiple concerns of lice, poor attendance and where the children were living. X would complain that she did not go to school because of clothe's lacking. The school has reported that the concerns with X are of attendance, bullying and problems with social skills. There are also an issue of hygiene with Y.

School authorities had often difficulty to get in touch with the parents ; - the father does not want to collaborate with social services ; - on September 6, 2012, at the City A Court house, he uttered a threat to the petitioner : " You should be shot ". - X disclosed to Mrs [social worker 1] that her father said there was a bullet in a cupboard at home with the mother's name written on it ; - both parents blame the other for the over-all situation but more importantly the father as the mother starts to recognize her share of responsibility ; - the mother works hard on her addiction problem and she attends a methadone program ; - X does not want to talk to Mrs [social worker 1] as her father told her not to do so ; however, she admits that she does what she wants at her father's ; - between January 2010 and August 2012, police had to intervene regularly and at least at twenty occasions concerning the parents (most of the time, the father is involved). [ 11 ] What the parents have to say about that ? [ 12 ] The father's testimony is a long recitation of complaints, personal feelings and emotional issues. [ 13 ] He has a hard time to understand why he is at Court.

He is tired and exhausted. He does not believe he did something wrong. He does not feel he needs help. [ 14 ] He clearly demonstrates his lack of abilities to deal with his past and how much he is a wounded and fragile person. [ 15 ] He does not accept responsibility and blames everybody else. [ 16 ] He says that, five-six months ago, he spent twenty-seven days in reclusion regarding his mental health. [ 17 ] He says he is ''stuck" between his father and the children and that he is tired. [ 18 ] He says that he lost his humanity down the line.

[ 19 ] He does not want to work with social services of the reserve as they are incompetent. [ 20 ] His explanation for Y's presence with drunk individuals is not convincing. Is it that he was sleeping in the house or he just left five minutes after an argument with his wife ? [ 21 ] He recognizes that the man Y presents as her friend is a real drunk as " they are all drunk on the reserve ". [ 22 ] The father denies having had any problems with the police. What about the several police occurences reports over the years? [ 23 ] As for the bullet story, he denied it to Mrs [social worker 1].

However, during his testimony, he was vague and unclear. [ 24 ] The mother testifies that she does accept responsibility and that she shall take care of her before taking care of others. [ 25 ] She goes back and forth at Mr C's residence in [Province A]. Her relationship with him is unclear.

She is awaiting a place to reside in the A community. [ 26 ] She is willing to maintain her collaboration with the social services. [ 27 ] From the whole evidence and on a balance of probabilities, the Court concludes that the security and development of the children are in danger. [ 28 ] Indeed, the children evolve without too much guidance and rules in an unstable and volatile familial environment. X has the potential to succeed in school. However, she has a problem of attendance and to complete assigned work within the allowed time.

She has problems with bullying and social skills. [ 29 ] The father does not take seriously the situation in which Y was found with drunk male adults and does not see his responsibility as a parent. Both parents thought that Y was under the care of the other. [ 30 ] The parents are dealing with important unresolved personal issues. [ 31 ] As for the measures, it is obvious that the children can not, at the present time, be entrusted to their mother who is dealing with serious personal problems. She recognizes her actual incapacity. [ 32 ] The father is unwilling to work with the social services.

For this reason, the Court can not return the children to his care. [ 33 ] Mrs [social worker 1]'s objective is to return the children within their familial environment. [ 34 ] However, the parents, especially the father, must show that they are prepared to change. [ 35 ] A psychological evaluation would be helpful for the parents and for the Court to evaluate if returning the children at home is feasible. [ 36 ] The Court urges the parents to participate in this evaluation. [ 37 ] Meanwhile, Y will continue to reside with a foster family.

As for X, if she is willing to collaborate to be entrusted with a foster family and to adopt a good behaviour, this would be the right option for the moment. However, in the negative, the only other way is a rehabilitation center. [ 38 ] The Court considers that the duration of this ordinance shall be until June 30, 2013, considering the nature of the problems and the necessary time for the evaluations. [ 39 ] A father's change of attitude towards the situation and the services would be very helpful and the key for a reintegration of the children at home.

WHEREFORE, THE COURT : [ 40 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth protection act ; [ 41 ] ORDERS that X be entrusted to rehabilitation center designated by the Director of youth protection unless she accepts to be entrusted to a foster family designated by the Director of youth protection ; [ 42 ] ORDERS that the parents participate in a regular follow up with the youth protection delegate ;

[ 43 ] RECOMMENDS strongly to the parents to actively participate in a psychological evaluation and counselling to help them to deal with their personal issues ; [ 44 ] ORDERS that the parents benefit from an external educator to teach them coping skills, parenting skills and communication skills ; [ 45 ] ORDERS that the parents actively participate in a follow-up with an addictions counsellor and in a treatment if deemed necessary ; [ 46 ] RECOMMENDS that Mr B actively participates in an anger management follow-up ; [ 47 ] ORDERS that the parents remain involved with their children through regular visitations organized by the Director of youth protection, and supervised if deemed necessary by the Director of youth protection ; [ 48 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 49 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 50 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A June 30, 2013, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Louyse A. Lemieux, for the petitioner Me Florence Frappier-Routhier, for the child Mrs A, the mother Mr B, the father