2018 QCCQ 19679, 2018 QCCQ 19679

Protection de la jeunesse — 1810790 2018 QCCQ 19679 JA1021 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Nº : 505-41-009173-180 DATE : December 14, 2018 ______________________________________________________________________ PRESIDED BY JUDGE JEAN-PIERRE AUTHIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the director of Youth Protection A (The Director) Applicant — and — X, born on [...], 2018 Child — and — B Mother — and — C Father ______________________________________________________________________ J U D G M E N T

Section 38 of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] This judgment confirms and motivates the order made forthwith on December 14 , 2018. [ 2 ] The Director submits an application for protection in which she alleges that the security and the development of the seven- month-old child is endangered for various reasons — serious risk of physical abuse and psychological ill-treatment —, so that she requires the intervention of this Tribunal. [ 3 ] The Director recommends , as a principal measure, that the child is entrusted to Mrs.

D wi th a social follow-up for six months. [ 4 ] The parents make various admissions, thus recognizing the grounds for the intervention by the Director and agree with the measures sought. [ 5 ] The child’s lawyer works within the framework of a legal mandate. He agrees to the measures proposed at the end of the hearing.

CONTEXT [ 6 ] Mother has three other children from a previous relationship with Mr. E — Y, Z and A who are six, four and two years old respectively — which have been upon shared custody since their parents separated in April 2017. [ 7 ] A Superior Court granted custody of the step siblings to Mr. E in July of 2018, Mother was given visiting rights upon agreement between the parents. [ 8 ] Mother and Mr.

E have been in conflict concerning numerous topics — custody, visiting rights, money issues — since their separation. [ 9 ] The mother affirms that the father has been physically abusing Y on two separate episodes — a slap in the face, and later on grabbing him by the throat while Mother was bathing him which left bruises on June 10, 2018.

Moreover, the father would yell and use foul language in front of the children. [ 10 ] The latter admitted to those facts and informed the Director that he would seek help from his psychiatrist. [ 11 ] It is also reported that on June 27, 2018, Mother left her residence with Y and Z during a conflict between herself and the father to take refuge in the home of Mr. E . [ 12 ] The father went on the premises armed with an iron bar and forced the door to then threaten the mother and Mr. E in front of the children.

Police report states that the step siblings were scared and crying. [ 13 ] The father was arrested and detained and then transferred to a psychiatric detention facility to be treated. It appears that his medication was adjusted and that he is now under control — he is present at the Courthouse today. [ 14 ] The child was exposed to the conflicts between the adults. It should be noted for the record that a report — signalement — on a serious risk of sexual abuse was not retained by the Director so that the undersigned believes that there is no need to expand on the subject any further.

ANALYSIS [ 15 ] Having weighed the evidence submitted by the parties, this Tribunal is of the opinion that the evidence shows that the security and development of the child are in danger for the reasons given by the Director. [ 16 ] The facts alleged in the motion are barely contested if contested at all. [ 17 ] Taking into consideration the entered evidence, the Tribunal concludes that the child’s entrustment to Mrs. D is the most appropriate measure and the only one that best suits his interest.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application filed on October 15, 2018; [ 19 ] DECLARES that the security and the development of the child X are in danger because of a situation of serious risk of physical abuse and psychological ill-treatment; [ 20 ] ORDERS that the child be entrusted to Mrs.

D ; [ 21 ] ORDERS that the contacts between the child and his parents be upon agreement between the parties; [ 22 ] TAKE JUDICIAL NOTICE that the contacts will be in the presence of a third party authorized by the director, for the holiday season; [ 23 ] TAKE JUDICIAL NOTICE that some contacts could be under the observation of the director; [ 24 ] ORDERS that the parents engage themselves not to be in the presence of the child together unless an agreement between all parties; [ 25 ] ORDERS that the parents actively participate in the application of the measures; [ 26 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the children and their family; [ 27 ] ENTRUSTS the situation of the child X to the director of youth protection A for the execution of the present judgment; [ 28 ] THE WHOLE until June 14, 2019. ________________________________ Jean-Pierre Authier , J.C.Q.

Mrs. Amélie St-Denis, Attorney for the Director Mr. Jean-Pierre Gaudreau Attorney for the children Mrs. Alissa Provost Attorney for the mother Mrs. Kathleen O’Meara Attorney for the father Hearing date: December 14, 2018