2015 QCCQ 19533, 2015 QCCQ 19533

Protection de la jeunesse — 154744 2015 QCCQ 19533 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 29750-155 Date: September 18, 2015 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 Youth and Family Centres 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 September 18, 2015, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of Youth and Family Centres 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 neglect, serious risk of neglect and physical abuse to which she is exposed. [ 3 ] The facts alleged in support of the motion dated May 19, 2015 are as follows: 3.1. the child is subject to unreasonable methods of upbringing, more particularly but not restrictively in that:

a) the child reports that the mother hits her with a wood spoon or belt on the hands and buttocks;

b) the child reports that on May 11, 2015, the mother slapped her in the face, which caused her nose to bleed;

c) the child reports that the mother told her not to tell anyone;

d) the mother reports that on May 11, 2015, she «smackes» the child on the bum but that the child turned and hit her nose on the wall;

e) the mother denies that she is physically abusive to the child and only admits that she «taps» her on the bum;

f) the maternal grandfather resides with the mother and the child;

g) the maternal grandfather helps the child get ready for school a few days per week when the mother has to leave very early for work;

h) the child reports that the maternal grandfather has slapped her four to five times on the buttocks;

i) the maternal grandfather admits that he and the mother have «tapped» the child on the buttocks but deny any other form of physical discipline from him and the mother;

3.2. there is a serious risk that the mother does not meet the child’s basic needs, more particularly but not restrictively in that:

a) the child reports having trouble sleeping at home as there are parties with loud music;

b) the child appears tired at school and there are dark circles under her eyes;

c) the mother reports that the child gets enough sleep and that when she has parties in her home, the child spends the night at her relatives;

d) the child reports being afraid of the dark and that when she goes into the mother’s room for comfort, the mother yells at her and tells her to return to her bed;

e) when the child is upset, she makes her own bruises by sucking and biting on her arm;

f) in February 2015, the child reported to the school and to her paternal great aunt that she had suicidal ideations;

g) the child does not want the school to contact the mother when she misbehaves as she is fearful of the consequences; 3.3. the mother does not meet the child’s basic needs in failing to take the necessary steps to provide the child with schooling, more particularly but not restrictively in that:

a) even though it has improved since December 2014, the child has many unjustified absences from school since the school year of 2013/2014; 3.4. on May 11, 2015, immediate protective measures were applied and the child was placed in a foster home, as the child was afraid that the mother was going to hit her and punish her and did not want to return home; 3.5. on May 13, 2015, the Honourable Louis Grégoire rendered a judgment under

section 47 of the Youth Protection Act to extend the application of immediate protective measures; 3.6. the mother reports that she is very concerned for the child, that she needs help in implementing boundaries for the child and that she will do everything to have the child return to her care; 3.7. the child and the mother agree that the child be entrusted to a family friend, C, at the present time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing and given positive developments since the date of the motion, the Director recommends that the child be entrusted to the care of her mother with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Grondin, admitted most of the facts alleged in support of the motion.

More particularly, she acknowledges that the child’s security and development are in danger because the child was exposed to unreasonable methods of upbringing and was also neglected as alleged. She leaves the question of risk of serious neglect to the Court’s discretion.

She expressed her consent to all the proposed measures and has collaborated effectively with the worker. [ 6 ] The child's father is not declared on the child's birth certificate. [ 7 ] Me Leclerc, 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-3 as evidence: D-1: Copy of the child’s birth certificate; D-2: Court Report, prepared by [social worker 1], dated September 4, 2015; D-3: En liasse, Elementary School Report Card for the 2014 – 2015 school year and 2014 – 2015 Absence report. [ 9 ] In

summary, the uncontradicted evidence establishes that the child’s security and development are in danger for the reasons alleged. [ 10 ] However, it appears that the mother is collaborating fully to redress the situation.

She is learning to effectively discipline the child without physical punishment and the grandfather is also collaborating to allow the mother to assume her parental responsibilities by playing a supportive role rather than consequencing the child. [ 11 ] It will be important to have the child’s alarming behaviors more fully assessed in order to identify and provide appropriate services to address them. [ 12 ] Under the circumstances, the Court is satisfied that the motion is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and the development of the child, X , are compromised under

section 38 b) 1) iii), 38 b) 2 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: [ 15 ] ORDERS that the child be entrusted to the care of her mother; [ 16 ] ORDERS that the mother not expose the child to any physical, verbal or psychological abuse; [ 17 ] ORDERS that the mother ensure that the child attend school on a daily basis, unless justified by a medical certificate; [ 18 ] RECOMMENDS that the mother ensure that the child’s homework is completed and that she has the necessary tools to do so; [ 19 ] RECOMMENDS that the mother continue to receive services from an educator and social worker in relation to her parenting; [ 20 ] TAKES JUDICIAL NOTICE of her undertaking to do so; [ 21 ] RECOMMENDS that the child be enrolled in a community activity; [ 22 ] TAKES JUDICIAL NOTICE that she is expected to be enrolled in swimming classes for the fall and to continue activities throughout the year, as well as to participate in a camp, both during March break and during the summer, with the financial assistance of the Director of Youth Protection; [ 23 ] TAKES JUDICIAL NOTICE of the mother’s undertaking to encourage her child to participate and to ensure her participation in such activities; [ 24 ] ORDERS that the child benefit from health care services required by her condition, more particularly that she benefit from a psychiatric assessment and any services that be may be recommended following the assessment; [ 25 ] TAKES JUDICIAL NOTICE of the consent and the desire expressed by the parties that she benefit from such services; [ 26 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and her family; [ 27 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 28 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 29 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Edith Zadvoni Attorney for the Director of Youth Protection Me Michel Leclerc Attorney for the child Me Guy-Luc Grondin Attorney for the mother TD/vl