2021 QCCQ 9228, 2021 QCCQ 9228

Protection de la jeunesse — 215355 2021 QCCQ 9228 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N° : 145-41-000691-219 DATE : August, 4 th , 2021 Oral judgment BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of: X Born on [...], 2017 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection, of the Centre intégré de santé et de services sociaux A, Applicant - and - A Mother - and - B Father JUDGMENT ON APPLICATION FOR PROTECTION 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 ] The Director of Youth Protection (DYP) files an application concerning X, who is 4 years old, considering the physical abuse by the father on his baby brother. [ 2 ] The mother and the child’s lawyer acknowledge the situation and they agree with the measures recommended by the DYP. [ 3 ] The father is absent despite having been served with the motion. FAMILY SITUATION [ 4 ] The parents have 3 children Y, 6 years old, X, 4 years old and Z, 8 months old.

They separated around March 10 th , 2021 and they have no contact since. ENDANGER [ 5 ] Z was brought to the hospital in March for a heart murmur. After an investigation, Dr. Élodie April, pediatrician, concluded to a diagnosis of a cranio-cerebral trauma in the context of maltreatment with multiple injuries: fractures of the 8 th , 9 th and 10 th posterior left ribs and of the metaphyseal of the left distal tibia (at the level of the ankle).

The child had a surgical intervention for the voluminous bilateral sub dural hematomas, he had secondary Macrocrania to intracranial bleeding and an encephalomalacia indicates consequences of the traumatic damaged cerebral parachyma. [ 6 ] The mother and the grandmother, who drove the child to the hospital were not able to explain the injuries, they were very upset and confused. [ 7 ] The father was met by the Sûreté du Québec and confessed he shook the child, explaining he smokes a lot of cannabis. He used to smoke around 5 marijuana joints a day. He cannot remember when exactly the events happened.

He said he panicked, bagged Z to stop crying but nothing worked. He picked the child, shook him and placed him back to his crib.

[ 8 ] No one can explain the multiple fractures the child had. Those injuries might have happened during the week of March 7 th , 2021, when the child spent times with his parents and his maternal grandmother. [ 9 ] The father reports some events to try to explain what happened. Y and X jump from a mattress on to the floor in the living room to the couch and vice versa. Sometimes Z is on the mattress.

Y dropped his baby brother who landed on his side without hitting his head. [ 10 ] The father also says he dropped Z from a sling while doing the laundry and he landed face first on the cement flooring, in the basement. [ 11 ] The Court is convinced that the mother has nothing to do with her son’s fractures, considering, among other things the way she reacted when she learned about the injuries and the way she takes care of him. [ 12 ] Z is recovering well considering the trauma he has gone through but we will only know later if he has permanent injuries or not and to which extend. [ 13 ] Y and X both have a provisional autism spectrum disorder diagnosis.

They both have a speech language problem and benefit from speech language services. Y gets them at school but X’s follow up is not consistent, the parents miss or cancel several appointments. [ 14 ] Y and X’s medical files do not provide any information on physical injuries or traumas. [ 15 ] The security and development of the child are endangered according to Sections 38 b) 2 and 38 e) 2 of the Youth Protection Act. MEASURES [ 16 ] The children have been entrusted to their maternal grandmother on provisional measures.

The mother attented Z’s medical appointments and is present in her son’s life on a daily basis. She benefits from her family support and she needs it. [ 17 ] The DYP delegate is confident that the mother will be able to provide the care and development needs for her children and so is the Court. [ 18 ] The father receives follow up for anger management through Haven House. He has supervised visits with Y and X through [Centre A]. The visits go well, they all have a close bound and the father shows he has positive parental competencies.

The father hopes he will be able to see Z one day, he has not seen him since March 2021. [ 19 ] Both parents are open to receiving personal services such as for their mental health. [ 20 ] The measures asked by the DYP are appropriate and in the child’s best interest.

FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security and development of X are in danger; [ 23 ] ENTRUSTS the child to his mother; [ 24 ] ORDERS that the contacts between the child and his father be determined following an agreement between the parties and that they are supervised as long as deemed necessary by the DYP; [ 25 ] ORDERS that the parents take an active

part in the services that are offered to them for their personal difficulties; [ 26 ] ORDERS that the parents take an active

part in the application of any of the measure ordered by the Court; [ 27 ] ORDERS that the parents ensure that the child receive health services required by his situation; [ 28 ] ORDERS that a person working for DYP provides aid, counsel and assistance to the child and his family; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection for the carrying out of the present measures, until May, 31 st , 2022. Signed on August, 25 th , 2021 ANDRÉE ST-PIERRE, J.C.Q.

Me Mylène Pelletier-Rivet contentieux cisss A Lawyer for the Director of Youth Protection Me Alexis Deschênes centre communautaire juridique A Lawyer for the child Me Jules Grenier grenier, grenier et grenier Lawyer for the mother Hearing dates: August, 4 th , 2021