2017 QCCQ 6881, 2017 QCCQ 6881

Protection de la jeunesse — 173094 2017 QCCQ 6881 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-030385-157 Date: March 16, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2011 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of March 16, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for extension of an order rendered by the undersigned, on March 18, 2016, whereby the now five year-old child, X , was entrusted to her parents with aid, counsel and assistance, for a period of six months. [ 3 ] The Court was also presented with similar motions regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the Motion for extension dated September 15, 2016, are as follows: 3.1. the child remains in the father’s care; 3.2. the mother has regular contact with the child, around every two (2) weeks; 3.3. the parents have difficulty providing for the child’s basic needs with respect to food; 3.4. the relationship between the parents remains conflictual; 3.5. the information provided by one parent is often contradicted by the other, making resolution of the situation difficult; 3.6. the father talks negatively about the care provided by the mother; 3.7. the child has been exposed to verbal arguments and a physical altercation between the mother and her boyfriend; 3.8. the situation requires ongoing support and monitoring (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Verreault-Nantel, admitted all the alleged facts, except paragraph 3.7 which was denied regarding

the alleged physical altercation, and consented to the proposed measures. [ 7 ] The father, assisted by Me Shapiro Knight, also admitted the alleged facts, except paragraph 3.7 which was ignored, and consented to the proposed measures for a period of six months. [ 8 ] Me Marceau, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-8 to D-10 as evidence: D-8: Court report, written by [Social Worker 1] and [Social Worker 2], dated November 18, 2016; D-9: En liasse: Emails from the father to [Social Worker 1] dated June 10 and 13, 2016 and picture of the children; D-10: Letter written by C, School Principal, [Elementary School A], dated November 21, 2016. [ 10 ] In

summary, the alleged facts are generally admitted and the parents are in agreement with the recommended measures. [ 11 ] In addition, it was explained at the hearing that the mother has recently been very inconsistent in her contacts with the child as a result of her inability to adequately provide for the child’s material needs during visits, as a result, for instance, of a lack of food. Her inconsistency does not appear to reflect a lack of interest or desire to see the child.

Moreover, when contacts do occur, they appear to be warm and loving. [ 12 ] The father also expressed a desire to foster much more consistent contacts between the child and her mother. [ 13 ] The Director’s stated intention is to help the mother ensure she has the necessary resources to meet her child’s needs during her visits and thus to encourage consistent, regular contacts between the child and her mother. [ 14 ] The father’s only disagreement with the proposed measures relates to their recommended duration of nine months as he believes that six months would be sufficient. [ 15 ] However, the evidence is to the effect that he had a gambling relapse as recently as a month ago.

Moreover, although his situation appears to be more stable since his move to a new area, many difficulties remain regarding the family’s situation and ability to offer any kind of consistency to the child. [ 16 ] Nothing in the evidence suggests that existing difficulties can reasonably be expected to be resolved in a period shorter than that recommended by the Director further to its analysis of the family’s situation: Ongoing DYP intervention remains necessary for this family as many concerns persist. The children were exposed to conjugal violence between Ms. A and her partner Mr. D. Mr. B and Ms.

A continue to demonstrate ongoing difficulty in being able to consistently provide for their children’s nutritional needs. Mr. B has reached out repeatedly to the DYP for help during times that that he is running low on food. He has disclosed reaching out to Ms. A for help, yet Ms. A has been unable to help him. Mr. B reports that he no longer gambles, yet there have been many occasions that he has been unable to provide adequately for his children’s nutritional needs. Mr. B does not have a support system and is often very isolated. As such, in times of need he reaches out to the DYP.

On several different occasions he has contacted the undersigned inquiring about respite and disclosing his need to have a break from the children. The undersigned has explored the option of respite with Mr. B and then he later changes his mind. The parents continue to co-parent in conflict. As such, it has been witnessed that decisions affecting the children are not always made in their best interest. Mr. D has disclosed feeling troubled by the messages that Mr. B has been sending Ms. A. He reports feeling that he is always using the children to manipulate her. Tension is clearly present between Mr. D and Mr. B.

As such, Ms. A has disclosed at times feeling like she is in the middle. [2] [ 17 ] Under the circumstances, given the evidence, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 20 ] ORDERS that the child remain entrusted to her father; [ 21 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by consent between the Director of Youth Protection, the mother and the father; [ 22 ] STRONGLY RECOMMENDS that the mother take steps to ensure that she may be as consistent as possible in her visits with the child; [ 23 ] TAKES JUDICIAL NOTICE that when contacts do occur between the mother and her child they are generally positive and the father wishes to encourage such contacts and the child appears to benefit from them;

[ 24 ] ORDERS that such contacts be encouraged as much as possible; [ 25 ] RECOMMENDS that the exchanges take place at a neutral location to be determined by consent between the Director of Youth Protection and the parents to ensure that the child is not exposed to any conflict between the parents; [ 26 ] ORDERS that the parents ensure that the child is not exposed to any of their conflicts; [ 27 ] ORDERS that the parents ensure that the child’s basic needs are met; [ 28 ] ORDERS that the parents ensure that the child is appropriately supervised at all times; [ 29 ] ORDERS that the family continue to benefit from the services of an educator; [ 30 ] TAKES JUDICIAL NOTICE that an educator will be working with the child and both her parents; [ 31 ] RECOMMENDS that the mother continue to seek counseling related to conjugal violence; [ 32 ] TAKES JUDICIAL NOTICE that she has taken steps to receive help from the Native Women’s Shelter to access appropriate services; [ 33 ] RECOMMENDS that the father continue to seek counseling related to gambling; [ 34 ] TAKES JUDICIAL NOTICE that he is doing so; [ 35 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and her family; [ 36 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 37 ] THE WHOLE for a period of nine months.

TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Laurence Marceau Attorney for the child Me Mélodie Verreault-Nantel Attorney for the mother Me Judith Ann Shapiro Knight Attorney for the father TD/vl