2011 QCCQ 19593, 2011 QCCQ 19593

Protection de la jeunesse — 118825 2011 QCCQ 19593 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Court Division N°: 525-41-024479-115 Date: October 18, 2011 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2004 [INTERVENANTE 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 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 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 18, 2011, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of A Youth and Family Centres filed a motion to declare that the security and development of a child is in danger in the case of X , a seven year-old child. [ 3 ] The facts alleged in support of the motion are as follows: 3.1. as relevant background information, the child lives with the mother, the mother's partner, Mr.

C along with his sibling, X, step- sibling, Y, and step-great-cousin, Z; 3.2. the mother has obtained, in Superior Court, custody of the child while the father was given visitation rights every Tuesday and Thursday after school as well as week-ends, at the discretion of the child; 3.3. there is a serious risk that the parents do not meet the child's basic needs, more particularly but not restrictively in that:

a) the father has a history of mental health condition;

b) that father was diagnosed, in 2007 with severe paranoia and schizophrenia;

c) at the time, the father was hospitalized for approximately 1½ months;

d) the father has a history of cocaine, marijuana and alcohol consumption;

e) although the father has not undergone any drug rehabilitation program to address his abuse, the father claims to have abstained from cocaine and marijuana;

f) the father continues to consume alcohol on a regular basis to the extend of intoxication and passing out;

g) on the said occasions, while visiting the father, the child has attempted to wake the father up to no avail; 3.4. the child runs a serious risk of becoming the victim of bodily injury by the father and the child's parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child's sibling, X, verbalizes that the father has regularly thrown objects towards her and slapped her while the latter is intoxicated;

b) the child's sibling, X, admits that, in the more recent past, the father has hit her in the back of the head and with a remote control;

c) at that time, the child was witness to the incidents; 3.5. the child runs a serious risk of being subjected to gestures of a sexual nature by his step-sibling, Y, and the parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child's sibling, X, verbalizes that when she was 12 years old, the step-sibling, Y, asked her to take her shirt off so that he could stare at her breasts;

b) on one occasion, the step-sibling, Y, took the child's sibling's, X, shirt off while she was sleeping and stared at her breasts;

c) in the pas two (2) years, the child's sibling, X expressed that, on two (2) separate occasions, the step-sibling, Y, put his tongue in her mouth;

d) the child's sibling, X states that the step-sibling, Y, has informed her that he fantasizes about her;

e) on several occasions, the child's sibling, X, was asked by the step-sibling, Y, if she would mind him masturbating in her presence;

f) on two (2) occasions, the child's sibling, X, was witness to the step-sibling, Y masturbating;

g) the child's sibling, X, confirms that the step-sibling, Y, has been looking at her while she is in the bathroom; 3.6. serious concerns exist with regards to the child's safety and development given the abuse and family situation (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to his mother with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me De Vette, admitted the majority of the facts alleged and consented to the proposed measures.

She also emphasized the importance for her son to have frequent, regular contacts with his father. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts.

He expressed a strong attachment to his children and confidence in his ability to shield them from the effects of his drinking and his illness. [ 7 ] Me Lamaute, acting on behalf of the child, admitted most of the facts alleged in support of the motion and consented to all the proposed measures. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Copy of the child's birth certificate; D-2: GAIN-Q, Recommendations and Referral

Summary, dated May 5, 2011, regarding B, by [Social Worker 2], Toxicourt Liaison; D-3: Court Report, prepared by [Social Worker 1], dated June 13, 2011; D-4: Addendum by F and G, dated October 13, 2011. [ 9 ] In

summary, the evidence establishes that the child's father has been struggling with mental illness and alcoholism for many years. [ 10 ] He was first diagnosed at the age of 17 as suffering from delusional disorder and there is a history of mental illness in his family. He met his wife, the adolescent's mother, at the age of 19 and remained married for twenty years. He was also employed as a programmer and it was only approximately four years ago that his situation worsened significantly.

He now receives a disability pension and struggles with the side-effects of the medication that is prescribed to treat his condition. [ 11 ] He explained that his medication makes him extremely anxious and the alcohol helps to reduce the anxiety. [ 12 ] He acknowledges that alcohol has had a negative impact on his family. Although he made a serious effort to seek help and

remain abstinent, he has decided not to give up alcohol. [ 13 ] He indicated that his drug consumption was short lived and is no longer a part of his life. [ 14 ] He denied being abusive to his children in any way and is prepared to collaborate openly to ensure that they are not exposed to any risk of harm as a result of his illness or alcohol abuse. [ 15 ] He undertakes never to drink in his children's presence and to follow the advice of his treating professionals, including only changing or reducing his medication as prescribed. [ 16 ] He also agreed to allow the Director of Youth Protection to communicate with his treating professionals to ensure that his condition is stable and does not pose a risk to the children. [ 17 ] The evidence clearly establishes that the Director's involvement is necessary to ensure that the parents remain vigilant and that the child is not put at risk because of his father's illness or alcohol consumption. [ 18 ] Regarding the child's step-sibling, and the sexual abuse suffered by his sister, appropriate steps have been taken to provide therapy and ensure that adequate boundaries between the adolescents are respected.

Moreover, it was determined that: Y poses no to low risk to X as Y's sexualized behaviours are directed to female peers.

The family has rearranged the sleeping arrangements in the home to ensure the safety and security of all children in the home [1] (reproduced with errors and/or omissions). [ 19 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the child's interest. [ 20 ] THEREFORE, THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and the development of the child, X , are compromised under

section 38 b) 2) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 23 ] ORDERS that X be entrusted to his mother, Ms.

A; [ 24 ] TAKES JUDICIAL NOTICE of the father's consent to allow the Director of Youth Protection to communicate with his treating professionals; [ 25 ] TAKES JUDICIAL NOTICE of the father's undertaking to follow the recommendations made by his treating professionals; [ 26 ] TAKES JUDICIAL NOTICE of the father's undertaking to abstain from consuming alcohol before any contacts with his children or in the presence of his children, and consequently: [ 27 ] ORDERS that the frequency and modality of contacts between Mr.

B and his son be determined by consent amongst the parties so long as the father respects his undertakings and taking into account the child's wishes; [ 28 ] ORDERS the mother to ensure that the father has abstained from drinking alcohol before any contacts with the child or in his presence, to the best of her ability; [ 29 ] AUTHORIZES the Director of Youth Protection to change the modalities of contacts, should the father fail to respect any of the above undertakings or in case of any contra-indications expressed by his treating professionals; [ 30 ] RECOMMENDS that the father continue with any treatment prescribed by his treating mental health professionals; [ 31 ] RECOMMENDS that the father participate in the therapeutic portion of his mental health treatment as deemed necessary by his mental health professionals; [ 32 ] AUTHORIZES the Director of Youth Protection to communicate with the father's treating professionals, TAKING JUDICIAL NOTICE of the father's consent to that effect; [ 33 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 34 ] RECOMMENDS that the father attend a parenting program; [ 35 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 36 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 37 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement / AJ4454 Attorney for the Director of Youth Protection Me Marie-Odile Lamaute / AM8668 Attorney for the child Me François De Vette / AW2818 Attorney for the mother TD/vl