2015 QCCQ 12128, 2015 QCCQ 12128

Protection de la jeunesse — 153373 2015 QCCQ 12128 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 29319-159 Date: April 2, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2004 [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 38 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 April 2, 2015, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a ten year-old child, based on the psychological ill-treatment and physical abuse to which she is exposed. [ 3 ] The facts alleged in support of the motion dated January 19, 2015 are as follows: 3.1. the parents are separated and generally share the care of the child; 3.2. the mother has been diagnosed with Bi-Polar condition for which she receives follow-up from the [Hospital A]; 3.3. the child is subjected to unreasonable methods of upbringing 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 has disclosed that the father regularly uses physical means to discipline her;

b) the child disclosed that the father hits her with a closed and open fist on the face, on the back of her head and on her thigh; c) […]

d) in or around the beginning of January 2015, the father physically punished the child for having forgotten to bring shoes to school;

e) on or around January 15, 2015, the child was seen with a bruise on the right side of her chin obtained from the father holding her chin with force while yelling at her;

f) the child has disclosed being anxious and afraid of the father’s reactions;

g) the father denies using physical means of discipline;

h) the father admits to losing control and to yelling at the child regularly;

i) the father admits that he would benefit from anger management treatment; 3.4. the child is seriously and repeated subjected to behaviour on the part of her father that could cause her 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) the father loses his temper often and yells at the child;

b) the father has told the child that he hates her and wishes that he didn’t have her;

c) the father has threatened the child on many occasions;

d) the father overly monitors what the child eats, leaving her to eat a very limited diet;

e) serious concerns exist with regards to the child’s psychological development given the father’s behaviours; 3.5. on or around January 15, 2015, the child was placed under immediate protective measures in a foster home; 3.6. on or around January 16, 2015, given that the mother’s mental health at this time appears stable, the child was entrusted to her mother’s care (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of her mother for a period of six months with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion.

She expressed her consent to all the proposed measures. [ 6 ] The father, assisted by Me Canta, admitted the majority of the facts alleged and also consented to the proposed measures. [ 7 ] Me Fafard, 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 and D-2 as evidence: D-1: Child’s birth certificate; D-2: Court report, prepared by [Social Worker 1], dated March 24, 2015. [ 9 ] The father filed Exhibit P-1 as evidence: P-1: Registration attestation [programme A] for the father, dated by January 28, 2015. [ 10 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 11 ] The child’s well-being appears to have improved since being entrusted to her mother. [ 12 ] Although the father initially denied the allegations, he admitted at the hearing that the child’s security and development are in danger for the alleged reasons and agreed to benefit from an anger management program. [ 13 ] Visits with his daughter are reportedly positive and the child misses her father. [ 14 ] She unfortunately appears to feel somewhat responsible for the situation and will need to be supported and reassured as her father learns new ways to communicate with and discipline his daughter. [ 15 ] 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.

THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and the development of the child, X , are compromised under sections 38

c) and 38 e) 1) 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: [ 18 ] ORDERS that the child be entrusted to the care of her mother for a period of six months with a gradual integration to the care of her father within that period; [ 19 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by consent amongst the parties including the Director of Youth Protection; [ 20 ] ORDERS that the father refrain from using any type of physical discipline towards the child; [ 21 ] ORDERS that the services of an educator be made available in the father’s home TAKING JUDICIAL NOTICE of the father’s undertaking to collaborate with the educator;

[ 22 ] RECOMMENDS that the father complete an anger management programme at [programme A] TAKING JUDICIAL NOTICE that the process has already begun; [ 23 ] AUTHORIZES the Director of Youth Protection to give and obtain relevant information from the service providers working with the family regarding participation and attendance TAKING JUDICIAL NOTICE of the parties’ consent; [ 24 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and her family; [ 25 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] THE WHOLE for a period of nine months.

TAYA DI PIETRO, Q.C.J. Me Camille Champeval Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child Me Sarah Canta Attorney for the father TD/vl