2012 QCCQ 8659, 2012 QCCQ 8659

Protection de la jeunesse — 122453 2012 QCCQ 8659 COUR DU QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] « YOUTH DIVISION »

N° : 540-41-003582-128 DATE : April 24 th , 2012 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOISE GARNEAU-FOURNIER J.C.Q. ______________________________________________________________________ In the situation of: X Born on […], 2005 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a motion for protection in conformity with the Youth protection Act (R.S.Q., c.

P-34.1 ) filed by the Director of Youth protection asking to declare that the security and the development of the child X are in danger because he is subjected to psychological ill-treatment, referring to the fact that he is exposed to family violence between his mother and his father in the meaning of

Section 38 c), that there is a serious risk to be neglected in the meaning of

Section 38 b) 2) and that he runs a serious risk to be physical abuse by his mother and his uncle in the meaning of

Section 38 e) 2) of the Act. [ 2 ] The Court proceed by joint hearing in the cases of Y, Z, A and X in conformity with

section 73.1 and 77 of the Act. After considering the evidence adduced, including the testimony of the witnesses, the Court rendered an oral judgment without rising, of which these presents constituted the written version, with reasons, in accordance with the requirements of

section 90 of the Act. [ 3 ] At the beginning of the hearing, the Director's attorney reiterated the necessity to declare the security and the development of the four (4) children in danger for the reasons mentioned previously and asked that the children be entrusted to their father, Mr. B, with a social follow-up and several other measures listed in the orientation report, prepared by Mrs. [social worker 1], dated February 22 nd , 2012.

All those measures to be applied for the next period of one (1) year. [ 4 ] In support of the recommendations, the Director's attorney filed many reports and the previous judgment rendered by the undersigned in the matter of X, Y and Z, dated November 11 th , 2008. [ 5 ] The father, Mr. B testifies. He recognizes on the whole the situation described in the various reports and petitions. Furthermore, he agrees with all the recommendations proposed by the Director and more specifically to provide all the children's needs and health services they required.

Finally, he mentioned that he hope that the mother will get the help she needs to resume her problems. [ 6 ] The mother, Mrs. C, duly represented by an attorney, recognizes also on the whole the situation related in the petitions and in the Court reports. She also agrees with all the recommendations proposed. However she stated that she must fix her personal issues in

priority (finding a job and a place to live). Finally, her attorney mentioned that in the next future, she will be able to attend again the program "A" at the Centre A. [ 7 ] The children's attorney agrees with all the recommendations proposed by the Director in the best interest of the children. [ 8 ] The proof revealed that the Director have been involved in the situation of the C-B family since few years. In fact, a judgment was rendered on November 11 th , 2008 in the case of X, Y and Z where the security and development of the three (3) children were declared compromised in the meaning of

Section 38 b) 1) iii) et b) 2 of the Act. At that time, the Court entrusted all the children to both parents with a social follow-up and other measures to be applied for a period of one (1) year. [ 9 ] After that, the Director of Youth Protection and the police have to intervene on August 9 th , 2011 following a physical altercation between the mother and her brother. During that event, the mother also acknowledged having grab and shake him. The child also reported being hit by his uncle with his hand and with a flip-flop. It was also noted that the mother would have given a punch in the face of A.

At that time, the father was out on a business trip alone with Y. Given the situation, emergency measures were applied from August 9 th to August 10 th 2011. Z and all his siblings were temporarily entrusted to a family friend, Mrs. D, until the maternal grandmother (Mrs.

E) was able to come and support Mrs. C. Furthermore, at that same period of time, it was reported that Z's aggressive behaviour were present in school and have regular absences. [ 10 ] On October 13 th , 2011, the police has to intervene regarding domestic violence between the mother and the father and Mrs. C decided to left the family residence, all the children be living under the father's care since the couple separation. On November 29 th , 2011, the mother accepted to participate in the program called "A" offered by the Centre A but since that time, she had left that program.

On December 27 th , 2011, the police had to intervene again as another physical altercation occurred between the mother and the father. In fact, the relationship between the parents was still conflictual and the children were exposed and implicated with the same difficulties. However, Mr. B has made the adjustments required in order for him to be able to be entrusted with the care of all of the children. He has strong values, he is not drinking and wishes to put the children's needs first. As to Mrs. C, she admits drinking, using drugs and not always taking her medication.

However, she accepts to participate in a process of psychological and psychiatric assessment, to respect all the recommendations and to go back to the program "A". Finally, Mr. B is also in agreement to participate in that family program. Both parents acknowledged that they have put the security and development of their children in danger and are willing to receive services from the Youth protection. [ 11 ] As to the characteristics and specifics needs of each child, the Court report mentionned that Y has been always a very sensitive child and in distress since his parents' separation.

It is important that he maintains a school attendance on a regular basis. As to A, he is also very sensitive to the disputes between his parents and requires a lot of time to adjust to his parents' situation. He seems now to be finally adapted but he would need to see his mother more often. Regarding X, he is very upset towards his mother and his teacher had notice at the beginning of the school year, that he seemed preoccupied. The school authorities have observed a major improvement in his school attendance and he is doing well in school.

Finally, as to Z, he has changed school frequently and has speaking and learning difficulties. He is also described as being very oppositional and defient and very sensitive to the disputes that occured between his parents. [ 12 ] Given the situation described previously in that family, who is admitted by both parents, the Court is certainly able to declare that the security and the development of the four (4) children are in danger for the reasons alleged by the Director. Therefore, the Court is convinced that those parents need support to assume their parental role towards their children.

All the children must be entrusted to their father with a social follow-up and others measures required in their best interest. [ 13 ] THEREFORE, AND FOR ALL THESE REASONS, THE COURT: [ 14 ] DECLARES that the security and the development of X are in danger because he is subjected to psychological ill-treatment in the meaning of

Section 38 c), that there is a serious risk to be neglected in the meaning of

Section 38 b) 2) and that he runs a serious risk to be physical abuse by his mother and his uncle in the meaning of

Section 38 e) 2) of the Act; [ 15 ] ORDERS that X be entrusted to his father, Mr. B;

[ 16 ] ORDERS that a person working for an establishment or body provide aid, counsel and assistance to X and his family for the next period of one (1) year; [ 17 ] ORDERS both parents to collaborate with the social follow-up and all the measures proposed; [ 18 ] ORDERS Mr. B to ensure that Z receives all the health services needed; [ 19 ] RECOMMENDS Mrs C to participate in a process of psychological and psychiatric assessment and to respect the recommendations; [ 20 ] RECOMMENDS Mrs. C to continue to work with the Centre A and participates to the family program "A"; [ 21 ] ORDERS Mr.

B to participate to that same program "A" and follows their recommendations; [ 22 ] ORDERS both parents to ensure that they provide a drug free environment to their children; [ 23 ] ORDERS Mrs. C and Mr.

B not to discuss their marital problems in front of X and not to denigrate the other parent in front of all their children; [ 24 ] ORDERS both parents to collaborate with the school's authorities; [ 25 ] ORDERS that contacts between X and his mother be established by agreement between all the parties (i.e. the deleguate, the father and the mother) according to the best interest of X ; [ 26 ] ORDERS that contacts between X and her maternal grandmother be established by agreement between all the parties (i.e. the deleguate, both parents and the maternal grandmother) according to the best interest of X ; [ 27 ] ORDERS that contacts between X and his uncle, Mr.

F be established by agreement between all the parties according to the best interest of X ; [ 28 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, Centre de protection de l'enfance et de la jeunesse, who shall than see that the measures are carried out; [ 29 ] ORDERS enforcement of this order by any peace officer; if need be. __________________________________ FRANÇOISE GARNEAU-FOURNIER J.C.Q. Me Lisa LEROUX Director's attorney Me Nadia Jamieson

Child's attorney Me Hugues Foucher Father's attorney