2013 QCCQ 19679, 2013 QCCQ 19679

Protection de la jeunesse — 138320 2013 QCCQ 19679 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-026682-120 Date: October 7, 2013 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2002 [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 October 7, 2013, 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 , an eleven year-old child, because she is subjected to psychological ill-treatment as a result of her exposure to conjugal violence. [ 3 ] The facts alleged in support of the motion dated November 27, 2012 are as follows: 3.1. the child is seriously and repeatedly subjected to behaviour on the part of his (sic) parents that could cause him (sic) harm, 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) on August 18, 2012, there was an incident of conjugal violence where the father hit the mother in the face twicw (sic) and in the stomach;

b) the father was arrested after his (sic) incident and is facing criminal charges;

c) pending trial, the father has conditions, mainly to keep a distance of two hundred (200) meters of the place of residence or place of work of the mother, and to attend A Centre for his gambling problem;

d) the child was present and witnessed the incident;

e) the child reported that she often witnessed the parents arguing but that this was the only time she had seen the father hit the mother;

f) the child expressed being scared of the father and being scared of the father coming with other people to hurt the mother;

g) the child is also scared that if the father returns home, he will hit the mother again;

h) the child reported tensions between the mother and the child's two (2) adult siblings;

i) the mother confirmed the incident and also reported that the father has hit her on three (3) separate occasion;

j) the mother confirmed that there are frequent arguments when the father is in the home;

k) the mother reported that the father has a gambling problem;

l) the mother wants the father to come back home;

m) the mother does not think the father will hit her again, or the child;

n) the mother minimizes the situation and the impact on the child;

o) despite the child not wanting to, the mother forces her to speak on the phone with the father;

p) the father was taking money from the home, and also removed the passeports and legal documentssof the mother and the child (reproduced with errors and/or omissions). [ 4 ] The hearing on the merits began on June 10, 2013 and was continued on October 7, 2013. [ 5 ] In light of the facts alleged, the Director recommended that the child remain entrusted to her mother's care, at the exclusion of the father, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] The mother, assisted by Me Gauthier, admitted almost all the facts alleged in support of the motion and consented to the proposed measures.

She explained that she would hope to one day reconcile with her husband on the condition that he seek help to address his gambling problem and his aggression. She also denied minimizing the situation's impact on her daughter's well-being and undertook to collaborate fully to ensure her daughter's welfare. [ 7 ] The father, assisted by Me Lefebvre, denied ever striking the mother. However, he did acknowledge incidents of pushing and shoving between the couple.

He expressed an openness to participating in couple's therapy but refused counselling for domestic violence or anger management. [ 8 ] Me Sureau, on behalf of the child, admitted most of the alleged facts and added that the child is happy in her mother's care but was saddened by the absence of phone calls from her father for many months. [ 9 ] The Director filed Exhibits D-1 to D-7 as evidence: D-1: Copy of the child's birth certificate; D-2: Police report with incident number […], already filed pursuant to

article 294.1 C.C.P.; D-3: En liasse, dossier #[…] regarding R. c. B; D-4: Court report dated February 4 th , 2013, by [Social Worker 2] and [Social Worker 3]; D-5: Addendum, dated May 29, 2013 by [Social Worker 4] and [Social Worker 3]; D-6: Extract from R.c. B ([…]) : process-verbal, dated 2013-09-18 and Recognizance; D-7: Addendum #2, dated September 30, 2013 by [Social Worker 1] and [Social Worker 3]. [ 10 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 11 ] In addition, the child's adult sisters testified and eloquently described the stressful environment in the home where their parents fought constantly and their father was often demeaning and aggressive towards their mother. [ 12 ] They worked to supplement the family income given their father's habit of gambling their money away and they did their best to protect their younger sister and compensate for their father's behavior. [ 13 ] One of the daughters described her father as a « ghost » who was totally emotionally absent for her.

She testified that she finally called the police following the last incident and that her mother was reluctant to report the father because he had helped bring the family to Canada from [A Country]. [ 14 ] The mother was also concerned that the father's leaving the family home would negatively affect her daughters' prospects for marriage since the family's honour would be seen to be tainted. Although she feels isolated from the A community, she is determined to do whatever she can to ensure her daughter's safety in her care.

[ 15 ] The Court strongly urges the father to acknowledge and address the difficulties that effectively prevent him from fulfilling his parental responsibilities and encourages the mother to continue to avail herself of services to support her in her parental role. [ 16 ] Under the circumstances, the Court is satisfied that the motion is well-founded and that the measures are in the child's interest. [ 17 ] THEREFORE, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and the development of the child, X , are compromised under

section 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: [ 20 ] ORDERS that the child be entrusted to the care of her mother, at the exclusion of the father, until he has attended and successfully completed the domestic violence clinic at A University and STRONGLY RECOMMENDS that he do so; [ 21 ] ORDERS that the father inform the Director of Youth Protection of any change of address and telephone number; [ 22 ] ORDERS that the frequency and modality of contact between the child and her father be determined by the Director of Youth Protection, including supervision, if necessary, taking into account the child's needs and wishes; [ 23 ] ORDERS that the mother continue to seek counselling services TAKING JUDICIAL NOTICE of her undertaking to do so; [ 24 ] ORDERS that the child benefit from counselling services for as long as necessary; [ 25 ] ORDERS that the parents ensure that the child receive counselling services for as long as necessary; [ 26 ] AUTHORIZES the Director of Youth Protection to have access to information from the family's treating professionals regarding the parents' attendance and progress; [ 27 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family; [ 28 ] 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; [ 29 ] 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 Maïa Sureau / AS3075 Attorney for the child Me Michèle Gauthier / AG7089 Attorney for the mother Me Josée Lefebvre / AX0480 Attorney for the father HEARING DATES: June 10 and October 7 2013 . TD/vl