2019 QCCQ 11978, 2019 QCCQ 11978

Protection de la jeunesse — 192652 2019 QCCQ 11978 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000585-198 DATE: April 16, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2006 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). JA1013 [ 1 ] The director of youth protection (DYP) asks the Court to declare that the security and development of the child is in danger according to sections 38e)2 o and 38c) of the Youth protection Act , notably because of a serious risk of physical abuse and psychological ill-treatment. Her siblings are also subject to the same type of procedure. [ 2 ] At the hearing, the mother is present and assisted by her lawyer.

She agrees with the recommendations of the DYP and consents to the filing of the reports to value the testimony of its authors. The father is absent even though he was duly served. The child is not present but is represented. Counsel for the child expresses her consent with the measures proposed by the DYP. [ 3 ] The parents separated in 2017 after a relationship of 13 years. At first they shared custody but in July 2017, the father decided to move to Town A. Since then, he receives his daughter during summer. [ 4 ] The children are living with their mother and her spouse, Mr. C.

The couple’s child lives there as well as Mr. C’s children, but only every second weekend. [ 5 ] The children state that the couple is often in conflict, especially regarding financial issues, and that Mr. C has no job. X considers that the latter has an anger management problem, as well has difficulty controlling himself and his reactions. W hen he gets angry, he screams and he swears at their mother and she answers back. [ 6 ] On February 7, 2019, one of their disputes became so huge that X called 911. At the time, all the children were present and they were all scared of Mr. C’s reaction.

His own children took refuge in their room because they were really frightened. Y alleges that Mr. C took her mother by the arm to lift her up. [ 7 ] A lot of yelling happens at home between the couple and when it does occurs Y listens to music or puts her hands on her ears to stop hearing them. Sometimes she also cries or intervenes to calm Mr. C in order to protect her mother. X saw Mr. C push her sister who

then fell to the floor while she was herself taking care of the baby like she usually does when fights occur. [ 8 ] The children were traumatized by the event they witnessed on that day. This generates significant and serious consequences for all children. Since then, Mr. C children did not return for visitation with their father. After this event, Y suffered from a stomach ache and did not go school because she was feeling sick. They suffered impacts following this altercation between the couple and more particularly in connection with the behavior of Mr. C.

It is not the first time that a dispute breaks out between them but this time its intensity escalated in scale. [ 9 ] The children are vulnerable in the case of Y, she has attention deficit hyperactivity disorder and does not take her medication anymore. As to X, she experienced academic difficulties and failed her last school year. The mother is involved with the school professional and attends all the meetings. [ 10 ] The mother admits that she and, Mr. C often have conflicts over their financial situation. However, there is no physical violence between them only verbal. Sometimes, she has trouble telling Mr.

C what she really thinks because he is often unpredictable and has intense reactions. When a fight occurs she leaves the premises but he follows her wherever she goes, so the dispute continues. [ 11 ] She is aware that they must change the way they communicate together. The mother demonstrates her willingness to improve the situation and she wants to get involved in the services but minimizes the impact of the couple’s conflicts on the children. According to her, children are not exposed to their problems.

Besides she tries to excuse or explain the actions of her spouse. [ 12 ] After the event, her children were entrusted to the mother without the presence of the Mr. C. Several surprise visits have taken place in the mother’s home, it is clear that the mother respects the conditions imposed. Despite her ability to do so, she finds it hard not to be with him. Obviously, the mother puts her children first and was able to protect them against Mr. C. [ 13 ] Mr. C denies several allegations appearing on the application. He explains his version of the facts concerning the events.

He never touched Y neither did he pull his spouse by the hair, nor did he throw the baby’s swing into the baby’s crib. However, he admits that the situation degenerated on February 7, 2019. Usually they don’t have all the children during the week but only on the weekend but exceptionally they had them all that week. So, that particular morning, they had the six children and he had to deal with them through the school routine. He was in a hurry, stressed out and acted up. [ 14 ] He recognizes that he and the mother often fight mainly because of money.

He screams, becomes furious and persists but at no time is their physical violence. He can also be violent towards objects and to throw things. However, the mother also shouts at him. [ 15 ] Mr. C takes steps to tend to problem. He mobilized himself and undertook meetings with [Organization A] to resolve his issues. He admits that there is verbal violence within the couple but in December 2018, he asked for help to deal with his anger management issues but nothing was put in place. [ 16 ] He recognizes, now, the impact of this situation on the children.

He apologized to them and knows that this is not a way to behave. It is unfortunate that it has taken such an event for him to become aware of it. At first, he seems to undermine the impact of the conflict on the children. However, he changed his position about it. [ 17 ] When visiting the couple’s home, it was noticed that the house is in poor condition. The bathroom on the first floor is dirty and the house generally messy. The children don’t have linens on their mattress.

Sometimes, there are smelly odours in the house coming from the large amount of garbage left on the balcony. [ 18 ] The couple have financial problems, to an extent, that sometimes they are not able to feed all the children or even give them Christmas presents. This situation is at the origin of several discordances in the couple as already raised. [ 19 ] The father has regular contact with the mother. He mentions that she is a good mother.

However, he is worried about what is going on at her house and he is available for his daughters if the situation deteriorates. [ 20 ] Despite everything, the couple is aware of their difficulties and communication problems. Mr. C recognizes his anger management problem and he is dealing with it. It is worrisome that the mother’s children assume a protective role with respect to her and to Z during the couple’s conflicts. Later on, the children tried to embellish the version of the facts even saying that they miss Mr.

C and this is also worrisome. [ 21 ] Still, we cannot ignore the seriousness of the situation and the acts committed as well as the important impact that this can cause the children. [ 22 ] The evidence demonstrates that the security and development of the child are in danger. Considering the admissions and consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 23 ] GRANTS the application for protection; [ 24 ] DECLARES that the security and development of X are considered to be in danger according to sections 38e)2 o and 38c) of the Youth protection act ; [ 25 ] ENTRUSTS the child to her mother, in the exclusion of Mr. C; [ 26 ] ORDERS that the contacts between the child and Mr. C be supervised as long as deemed necessary by the DYP; [ 27 ] ORDERS that the mother avoid exposing her child to any kind of violence;

[ 28 ] ORDERS that the mother implicate herself in personal services required by her situation, such as a psychosocial follow-up; [ 29 ] ORDERS that the parents collaborate actively to all the services required and those provided by the DYP; [ 30 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until November 30, 2019; [ 31 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Myriam Dufresne for the applicant Me Annie Dupuis for the child Me Mylène Murray for the mother Mr. B the father (absent) Written judgment filed on April 26, 2019