2012 QCCQ 9458, 2012 QCCQ 9458

Protection de la jeunesse — 12801 2012 QCCQ 9458 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-021924-097 DATE: April 19, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Youth and Family Centres Applicant - and - X Born on […], 2009 Child - and - A Mother respondent - and - B Party respondent ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of April 19, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for extension of an order rendered September 6, 2011, entrusting the child to the mother with aid, counsel and assistance for a period of six months. [ 3 ] The principal facts alleged in support of the motion are the following: • The child’s behavioural disturbances have been escalating, more particularly but not restrictively in that: . the child has been exhibiting tantrums; . the child has been hitting and kicking her mother; • The child’s paediatrician is concerned with this escalation and has made a referral to the Hospital A for a behavioural assessment; • The mother has not been consistent in her parenting for the child; • The mother has been struggling with parenting her four children; • The mother has been lacking transparency during the social follow-up with the youth protection worker; • In February 2012, there was an incident where the mother and the biological father disagreed to the point of yelling loudly in the child’s presence; • The biological father is still not registered on the child’s birth certificate;

• The biological father feels he does not need to engage in substance abuse and anger management programs; • The biological father admits consuming marijuana but reports not using in the child’s presence; • The child visits her biological father on a regular basis and appears less aggressive in his presence. [ 4 ] The Director of Youth Protection recommends that the child be entrusted to her mother’s care and that a social follow-up be maintained with the family for a period of nine months. [ 5 ] Mr.

B, the biological father, admits the majority of the facts alleged in the motion and agrees with the recommended measures. He is concerned about his daughter’s temper tantrums and considers that DYP’s involvement is still necessary to ensure that the situation progresses. He says he agrees to take the necessary steps in order for his name to appear as the father, on X’s birth certificate. [ 6 ] The mother admits the majority of the facts alleged in the motion, but is asking for the file to be closed. The mother testifies that she has taken all the necessary steps for X’s difficulties to be addressed.

The child will have an assessment at the [Hospital A] within a few weeks and she is on a waiting list for several daycares. The mother also says that the educator had decided to come to the house only once every two weeks has her involvement was no longer warranted.

The mother also says that she does not feel the need for counselling. [ 7 ] Counsel for the child considers that DYP’s involvement is necessary for a few months to ensure that the child receives all the necessary services. [ 8 ] The Court also heard the testimony of [Social Worker 1], human relations’ agent, and read the court report that the Director of Youth Protection filed as proof of the child’s situation. The evidence reveals that the child’s behaviour has deteriorated since the last court order. X does not only have temper tantrums but can also be aggressive.

She can hit and kick her parents and has bitten her father’s spouse. Furthermore, she can bang her head and scratch herself. [ 9 ] DYP’s involvement with the family is still necessary as both parents need to improve their parenting skills. On the one hand, the father must work on setting limits to X and the other hand, the mother must remain patient with X and with her other children in front of X. Furthermore, the mother has four children and can be overwhelmed with caring for them.

For example, Y and Z have often been late for school. [ 10 ] Under the circumstances, it is in the child’s best interest to be entrusted to her mother’s care with a social follow-up for a period of nine months.

The parents must collaborate with the educator in order to provided consistency in their parenting towards X. [ 11 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES still compromised the security and development of the child, X; [ 15 ] ORDERS that the child, X, be entrusted to the care of her mother; [ 16 ] ORDERS that the frequency and modality of contacts between biological father, Mr.

B, and the child be determined by the Director of Youth Protection, after discussing the contacts with the parents; [ 17 ] ORDERS that the mother and Mr. B ensure that the child is not exposed to any form of violence; [ 18 ] ORDERS that the mother and Mr.

B continue to receive the services of the same educator, for as long as deemed necessary; [ 19 ] ORDERS that the child receive all health care services required by her situation and more particularly a behavioural assessment; [ 20 ] TAKES JUDICIAL NOTICE that the child will be receiving an assessment at the A hospital and ORDERS that DYP have access to the content of the assessment, as well as Mr. B; [ 21 ] RECOMMENDS that the child attend daycare; [ 22 ] RECOMMENDS that the mother benefit from individual counselling; [ 23 ] ORDERS Mr.

B to inform the Director of any steps he undertakes to improve his parenting abilities and to limit his substance abuse and TAKES JUDICIAL NOTICE that he attends the Young parents program; [ 24 ] RECOMMENDS that Mr. B take the necessary steps in order for his name to appear, as the father, on the child’s birth certificate and TAKES JUDICIAL NOTICE that Mr.

B states that will be taking steps for his name to be registered on the child’s birth certificate; [ 25 ] ORDERS that aid, counsel and assistance be provided to the child and her family for a period of nine months; [ 26 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see

that the measures are carried out; [ 27 ] ORDERS the execution of the present order by any peace officer. Signed April 24, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Marie-Josée Paiement Counsel for the Director of Youth Protection Me Daniel Bouchard Counsel for the child Me Judith Shapiro Knight Counsel for the mother Me Louise Denault Counsel for the party respondent Date of hearing: April 19, 2012