2014 QCCQ 14189, 2014 QCCQ 14189

Protection de la jeunesse — 142278 2014 QCCQ 14189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC District of [...] Youth Court Division N°: 525-41-028076-149 Date: April 24, 2014 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2007 SOCIAL WORKER 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 April 24, 2014, 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 six year-old child, based on the neglect and psychological ill-treatment to which she has allegedly been exposed. [ 3 ] The facts alleged in support of the motion dated February 4, 2014 are as follows: 3.1. the child is seriously or repeatedly subjected to behaviour on the part of the parents that could cause harm to the child, more particularly but not restrictively in that:

a) in the past, the child has been witness to heated arguments between the parents;

b) on January 3 rd and 5 th 2014, the child was exposed to incidents of conjugal violence;

c) there is a history of physical and verbal abuse between the parents;

d) the child also has a high level of absenteeism at school in part due to the mother's psychological state of mind;

3.2. the father acknowledges that the arguments between him and his wife are unhealthy for his family and is open to getting help; 3.3. the father admits to having anger issues; 3.4. the parents do not recognize any problems regarding the allegations of physical abuse between them; 3.5. the mother, however, has frequented a Local Community Services Centre (CLSC) to get help regarding the physical abuse she has suffered at the hands of the father (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing and given recent improvements and the parents' stated willingness to redress the situation, the Director recommends that the child remain entrusted to her parents with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Bouchard, admitted most of the facts alleged in support of the motion and expressed her consent to all the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, also admitted the majority of the facts alleged and consented to the proposed measures.

More specifically, he acknowledged the urgency to improve his relationship with his wife through marital counselling. [ 7 ] Me Hamel, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-6 as evidence: D-1: Child's Birth Certificate; D-2: Government A, Safety Assessment Record, dated March 24, 2010; D-3: Police Incident Report, dated January 3, 2014; D-4: Css A, File extract, dated December 17, 2013, to January 8, 2014; D-5: École A, Attendance Record, dated April 3, 2014; D-6: Court Report, prepared by social worker 2, dated April 10, 2014. [ 9 ] In

summary, the evidence establishes the need for social services to redress the situation. [ 10 ] The couple's strained relationship adversely affects the child and both parents appear committed to making changes through marital counselling. [ 11 ] In addition, the mother's health and anxiety over her child's health may also hinder her ability to effectively parent her daughter. [ 12 ] Consequently, it will be important to clarify any medical or psychological issues that may be need to be addressed. [ 13 ] As summarized in the report, the child is reportedly doing well both academically and socially, yet she is often absent, in part due to her mother's anxiety over her health: When X was four years old, she encountered a life threatening illness that kept her in the hospital for two months.

That experience was traumatic for Ms. A who has since remained highly anxious. Mr. B maintains that his wife's difficulty conceiving X as well her two previous miscarriages have also impacted her level of anxiety and worry in regard to X. [1] Moreover: X is clearly affected by the violence she has witnessed from her parents. She expressed to Ms. C that even before she was born, she knows her parents were arguing. Furthermore, she stated that even while her mother was pregnant with her, she learned to argue because she could hear her parent's arguments.

Although X expresses a creative imagination when making these statements, she nevertheless is clear in conveying that she is aware of the ongoing conjugal violence between her parents. [2] [ 14 ] The child's expressed perception of her parents' conflicts clearly illustrates the intensity of the tension she senses and from which her parents must learn to protect her. [ 15 ] In addition, the mother must address her own health issues, including excessive bleeding and fatigue. [ 16 ] Finally, the father must refrain from any aggressive or violent behavior and not try to minimize the impact of his abusive behavior. [ 17 ] 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. [ 18 ] THEREFORE, THE COURT: [ 19 ] GRANTS the motion;

[ 20 ] DECLARES that the security and the development of the child, X , are compromised under

section 38 b) 1) iii) and 38

c) 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: [ 21 ] ORDERS that the child remain entrusted to the care of her parents; [ 22 ] ORDERS that her parents ensure that she attend school regularly unless excused by a medical note; [ 23 ] TAKES JUDICIAL NOTICE of the Director of Youth Protection's undertaking to assist the parents in finding transportation for the child, either through car pool or bus service, if the mother is unable to take the child to school for medical reasons; [ 24 ] ORDERS that the child receive all health care services required by her situation, more particularly that she benefit from a complete medical exam and that she be followed regularly by a pediatrician; [ 25 ] TAKES JUDICIAL NOTICE of the mother's consent to undergo a complete medical exam as well as a psychological assessment and RECOMMENDS that she follow any recommendations that may be made; [ 26 ] TAKES JUDICIAL NOTICE that the parents have been directed to a psychologist at the A Hospital through the A Center for counselling starting the week of June 1 st and undertake to participate in whatever marital counselling may be recommended thereafter and, consequently, ORDERS that they follow any recommendations that may be made; [ 27 ] STRONGLY ADVISES them to persevere with marital counselling for as long as necessary; [ 28 ] RECOMMENDS that the father participate in counselling related to conjugal violence, if recommended further to the marital counselling; [ 29 ] ORDERS that the family take an active

part in the application of the measures; [ 30 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family; [ 31 ] 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; [ 32 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Sym Davis / AN4187 Attorney for the Director of Youth Protection Me Robert Hamel / AH4614 Attorney for the child Me Daniel Bouchard / AY3558 Attorney for the mother TD/vl