2016 QCCQ 9800, 2016 QCCQ 9800

Protection de la jeunesse — 164182 2016 QCCQ 9800 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-008208-151 DATE : 28 janvier 2016 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on [...], 2002 [Social Worker] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child JUDGMENT

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 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act. [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: “

a) On November 21 st , 2015, the [Center A] has received a report concerning a situation of physical abuse and educative neglect;

b) The child lives with his mother;

c) The father works in [Province A] and has sporadic contacts with the child;

d) On November 21 st , 2015, the mother was transported to the hospital after she was found unresponsive with severe injuries (bruising on her face and her neck, lump on her forehead, low blood level);

e) The child has verbalized to his father that he knew C, his mother’s boyfriend, would assault her because C was threatening himself and his mother the previous week when they were in Town A;

f) The mother claims she felt from the couch;

g) On the same day, the child was entrusted to his paternal grandmother, D;

h) On November 24 th , 2015, the mother discharged herself against medical advice;

i) On the same day, the child has returned to his mother’s home;

j) On November 25 th , 2015, while the worker has tried to meet with the mother, she was trying to hide herself and has screamed to the worker to leave her house and refused to meet outside;

k) During this visit, the worker has observed contusions on the part of the mother’s face that were not hidden;

l) On December 1 st , 2015, during a meeting at school with the worker, the child verbalized that he wanted to do something to protect himself from C;

m) The child verbalized that a week before his mother was rushed to the hospital, C was drinking beer on their way to Town A and got intoxicated when they were at the hotel and have threatened to beat them;

n) The child has verbalized that this was not the first incident of domestic violence he witnessed between his mother and C;

o) The child verbalized that C often calls his mother down and that he sometimes has to intervene to get C out of their house when he becomes belligerent;

p) The child describes the domestic violence as an ongoing issue to which he would like to put a stop to;

q) The mother does not collaborate and refuses to meet with the worker telling that the incident is non of the worker’s business and that the child was not present the night she was rushed to the hospital;

r) On December 2 nd , 2015, the [Center A] has received the information that the mother has tested positive for cocaine, and has admitted to have drunk alcohol on the night she was rushed to the hospital;

s) On December 4 th , 2015, the mother verbalized to the worker that the child was not afraid of C and that she was going to make him contact the worker when he gets home;

t) On the same day, the child has contacted the worker and verbalized he had exaggerated his concerns during the meeting, he did not denied the threatening but denied being afraid to C;

u) The father is in agreement with the recommendations;” [ 3 ] The father, well be informed of the hearing, is not present. The Court proceeded in his absence pursuant to

Article 77 of the Act on the protection of youth. [ 4 ] The child, through his attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 5 ] The mother, through her attorney, admits most of the allegations of the declaration and agrees to the conclusions. She agrees to receive help form the Director of Youth Protection and not to put her son in contact with Mr. C. [ 6 ] By consentent of the parties, the following reports are filed: D-3 : Court Report, written by [Social Worker], dated on January 22, 2016 ; [ 7 ] Since the mother is in a relationship with Mr.

C, there have been numerous signalements related to drinking and drugging, domestic violence and psychological ill treatment. [ 8 ] As the social worker, Mrs. [Social Worker], wrote in her report, “it is apparent that Mrs. A deeply loves and cares for her son (…) Mrs. A does not acknowledge how harmful it is for her son to see her injured and the anxiety it is creating as he profoundly worries about her wellbeing.” [1] [ 9 ] At this moment, the mother has to take measures for her addiction problem and not put her son in contact with Mr.

Mayo to assure the security of X. [ 10 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and the development of the child X are in danger; [ 13 ] MAINTAINS the child with his mother; [ 14 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and his family; [ 15 ] TAKES ACT that the child will continue to visit his father; [ 16 ] FORBIDS all the contacts between the child and Mr.

C; [ 17 ] TAKES ACT that the mother will not put the child in contact with Mr. C;

[ 18 ] TAKES ACT that the mother refrains from using any mood altering substances in the presence of the child; [ 19 ] RECOMMENDS that the mother be assessed by an addiction response worker and follow recommendations; [ 20 ] TAKES ACT that the mother accepts to have random spot checks at her home; [ 21 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 22 ] THE WHOLE until June 30 th , 2016; [ 23 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Marie-Pierre Blouin Attorney for the child Me Caterine Caron Attorney for the declarant Me Gisèle Tremblay Attorney for the mother