2010 QCCQ 15882, 2010 QCCQ 15882

Protection de la jeunesse — 104058 2010 QCCQ 15882 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-023975-105 Date: December 9, 2010 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 A Applicant -and- A , the mother The parent -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) [ 1 ] JD2620 The Court hereby confirms and provides reasons for a decision rendered verbally at the hearing of December 9, 2010, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 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 , an eight year-old child, based on the serious risk of physical abuse to which he is exposed. [ 3 ] The facts alleged in support of the motion are as follows: 3.1 from September 2001 until April 2003, the child's sibling was the subject of order of the court of Quebec, Youth Division, due to the mother's unstable lifestyle and her inability to meet her child's needs; 3.2 from April 2003 to April 2005, the child and sibling were the subject of an order of the Court of Quebec, Youth Division, due to the mother's substance abuse, her involvement in violent relationships, and her inability to provide the child with a secure environment; 3.3 in July 2008, the child was the subject of a report to the Children's Aid Society A, for having been the victim of physical abuse by the mother; 3.4 since early 2009, the child's sibling has been the subject of an order of the Court of Quebec, Youth Division, due to his behavioural problems, and due to the mother's difficulty in providing consistent structure and consequences for his actions; 3.5 since November 2009, the child has been the subject of a Voluntary Measures Agreement for services to assist the family to improve their situation;

a) at the outset of the period of Voluntary Measures, the child had serious and long standing behavioural disturbances, in addition to Attention deficit hyperactivity disorder (ADHD) which was not consistently appropriately treated;

b) the mother has difficulty implementing age-appropriate and consistent discipline, routine, and consequence setting for the child;

c) as well, the child had been exposed to serious conjugal violence between the mother and B, who is identified as the biological father of the child; 3.6 during the time of the Voluntary Measures, the child attended the [Program A] at the Hospital A, which included a school component, medical follow up for ADHD, and individual and family therapy; 3.7 the mother made serious efforts to improve the situation; 3.8 more particularly, the mother collaborated with the various interventions at the [Program A], at the CLSC, at the [parenting courses A], at [organism A] for conjugal violence counselling, and she completed studies in adult education for her high school diploma; 3.9 the mother allowed telephone contact between the child and B, who has an extensive criminal record, and who remained imprisoned during the entire intervention period; 3.10 B is scheduled to be released in mid-December 2010, and the mother stated that she intends to allow ongoing contact between him and the child; 3.11 a thorough assessment of B's situation is required prior to resuming contact with the child in order to verify if he has been able to modify his aggressive and delinquent behaviours; 3.12 the mother minimizes the risk issues in allowing the child have ongoing contact with B (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to his mother with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The mother, who was assisted by Me Dallaire, admitted most of the facts alleged in support of the motion and expressed her consent to the proposed measures.

However, she indicated that the child had an upcoming concert where he expected his father to be present and insisted that his relationship with his father, in spite of his prolonged absence, is positive and should be preserved. [ 6 ] The child's father is not declared on the child's birth certificate but is acknowledged to be B. [ 7 ] Me Doherty, 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-5 as evidence: D-1: Court report written by [social worker 2] and [social worker 3], dated December 2, 2010; D-2: Judgments in the file number 525-41-014715-049; D-3: Excerpt of the criminal and penal plumitif re: B; D-4: Agreement on Voluntary Measures, dated November 6, 2009; D-5: Copy of the child's birth certificate. [ 9 ] In

summary, the evidence clearly supports the Director of Youth Protection's perception of the risk to which the child is exposed based on the father's lengthy criminal record: […] He was arrested in 2008 for twenty-seven charges related to organized crime, including drug trafficking, conspiracy, drug possession, possession and careless use of an unauthorized firearm with ammunition. He pled guilty to some of these charges as part of a plea bargain (as per verification done by the Legal Department in August 2010).

He has a criminal history dating back to 1985 for convictions of drug possession (marijuana and cocaine) and possession of unauthorized firearms. [1] and the mother's inability to gage the gravity of the situation: Ms A believes that Mr. B has adopted a pro-social lifestyle. She does not express concern or worry about X's safety in his biological father's presence or care. Her minimization of the risk issues with respect to Mr. B suggests that she still lacks judgement in regards to her former partner; and that she does not fully recognize the negative impact Mr.

B has had on the family, particularly […] (X's half older brother) who was assessed as suffering from post-trauma due to conjugal violence he witnessed as a youngster. [2] as well as the couple's history of conjugal violence. [ 10 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded. [ 11 ] THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and the development of the child, X , are compromised under

section 38 (e) (2) 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:

[ 14 ] ORDERS that the child be entrusted to the care of his mother; [ 15 ] ORDERS that contacts between the child and his biological father, Mr. B, be preapproved by the Director of Youth Protection, with frequency and modality of contacts determined by the Director of Youth Protection as well as supervision, if deemed necessary; [ 16 ] TAKES JUDICIAL NOTICE that Mr.

B is expected to be released from [jail A] on December 16, 2010; [ 17 ] TAKES JUDICIAL NOTICE that the child has a concert at 3:00p.m. on December 17, 2010; [ 18 ] TAKES JUDICIAL NOTICE that the child is unaware of the reasons for which he has not seen Mr. B for the past two and a half years and is expecting him to be present at the concert; [ 19 ] TAKES JUDICIAL NOTICE that the Director intends to authorize Mr.

B's presence at the concert so long as he meets with the delegate upon his release either on the day of his release or on the day of the concert and that the meeting is satisfactory and TAKES JUDICIAL NOTICE that supervision at the concert will be provided by the Director of Youth Protection in order to enable Mr. B to be present; [ 20 ] ORDERS that Mr.

B be served, before December 16, 2010, with an extract of the minutes of the hearing advising him to contact the Director of Youth Protection immediately to make arrangements to meet the delegate as soon as possible if he wishes to be authorized to attend the child's concert; [ 21 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 22 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of six months. TAYA DI PIETRO, Q.C.J.

Me Georgia LIMPERIS / AL7489 Attorney for the Director of Youth Protection Me Karine DOHERTY / AD4394 Attorney for the child Me Karine DALLAIRE / AK1822 Attorney for the mother Hearing date: December 9, 2010 . TD/md