2010 QCCQ 16437, 2010 QCCQ 16437

Protection de la jeunesse — 104394 2010 QCCQ 16437 JG1330 COUR DU QUÉBEC CANADA PROVINCE DE QUÉBEC DISTRICT DE […] LOCALITÉ […] « Chambre de la jeunesse » N° : 505-41-005798-097 DATE : 5 mai 2010 ______________________________________________________________________ SOUS LA PRÉSIDENCE DE : L’HONORABLE JEAN GRAVEL ______________________________________________________________________ DANS L'AFFAIRE DE L'ENFANT: X, né le […] 2004 Enfant c. [SOCIAL WORKER 1] Requérante et A B parents et La commission des droits de la personne et des droits de la jeunesse. Mise-en-cause J U G E M E N T (article 38) [ 1 ] Conformément à l'article 38 de la

Loi sur la protection de la jeunesse, le Tribunal est saisi d'une demande visant à faire déclarer que la sécurité et le développement de X sont compromis pour les motifs apparaissant au paragraphe de la requête. [ 2 ] De consentement et pour valoir preuve, la Directrice de la protection de la jeunesse a versé au dossier différentes pièces (D-1 à D- 31), tel qu'il appert au procès-verbal de l'audience. [ 3 ] Le père, par son avocate, fait des admissions au soutien de la requête au paragraphe 4: a)b)admis; c)d)e)niés; f)g)h)admis; i)ignoré; j)admis.

Le père demande le Statu Quo des présentes mesures. [ 4 ] L'enfant, par son avocat, ignore l'ensemble des allégations contenues à la requête et désire entendre la preuve pour prendre position. [ 5 ] The Director of Youth Protection alleged in a petition written September 11th 2009 the following reasons for the court to declare that security and development of X were in danger: ➢ The child lives with his mother; ➢ The parents have a history of conflicts regarding the child and act inappropriately in his presence; ➢ In April 2009, the father kicked the child; ➢ Bruises on the child's arms were observed after a visit with his father; ➢ The mother fears that she and the child are in danger because of the father's violence problems;

➢ On September 9 th , 2009, the mother was arrested as he was in the car; ➢ The mother frequently leaves the child alone; ➢ The mother refuses to cooperate with the caseworker; ➢ The caseworker observes that the mother often manifests confused ideas. [ 6 ] X's situation was brought to the attention of the court 12 times between September 11 th 2009 and may 5 th 2010. [ 7 ] The Court had scheduled to hear witnesses on may 5 th 2010. Only provisional measures were decided between September 2009 and may 5 th 2010. [ 8 ] The parents were duly advised the court was to proceed concerning X's situation on may 5 th .

The parents chose not to be present in court that date most of the facts alleged by the director were admitted by the parents each being represented by a lawyer. [ 9 ] The Director of the Youth Protection submitted the testimony of Mrs C who is the foster care mother for X since last September. [ 10 ] Mrs C described X as a young boy aged 4 years old when he arrived at her home. [ 11 ] X displayed evident signs of being neglected. X was not toilet trained having to wear diapers all day. [ 12 ] X was very thin and seamed very hungry at meal times.

X was seen going through the garbage can or bag at least 3 times in the first months he arrived at her home. [ 13 ] X was not showing any kind of emotion. When he was hurting himself like any little boy does he would rapidly step up brushing himself and never cried. [ 14 ] It took X four months to show some sadness one night. He cried for many hours during the middle of the night not capable of telling why he was so sad. [ 15 ] X also showed aggressive behaviours towards children of his age.

He would even prefer to be in the company of older children. [ 16 ] X had much difficulties to communicate with anyone, using a form of language of his own. [ 17 ] X has made lots of progress since his arrival in foster care showing that he had no fundamental difficulties to develop himself. [ 18 ] He is now toilet trained. He can communicate, he is more calm.

He is capable of showing his emotions. [ 19 ] Because of his age and development X was considered not competent to testify in front of court. [ 20 ] The declarations he made concerning a physical abuse were allowed under paragraph 85.5 of the youth Protection act. [ 21 ] X told Mrs C that D her father's girlfriend had choked him on his throath slapped him on the face during a visit he made at his father's house, on March 13 th 2010. [ 22 ] The allegations received by Mrs C are reliable and contain sufficient garanties. [ 23 ] X made those revelations after showing aggressive behaviours in his foster family.

Mrs C did not question X in a directive or suggestive way before getting X's answer. [ 24 ] X repeated the same situation spontaneously to Mrs C. He revealed the same situation of abuse in a conversation he had with Mrs [social worker 1] his social worker. [ 25 ] Mrs C also testified about her concerns with the possibility of X being sexually abused in his mother's house.

The proof available is not sufficient at this moment to declare that X was sexually abused by his mother or by one of her friends. [ 26 ] Mr E the maternal grand-father testified in Court. [ 27 ] Mr E wanted the Court to know that he could provide for the care of his grandson Mr E has no trust in social services nor courts to make good decisions concerning X. [ 28 ] Mr E admits that neither his daughter nor the father can take care of X. [ 29 ] Mr E lives in subsidized housing for adults with special needs. He can minimally provide for himself.

He cannot take care of a young 5 year boy that needs special attention and services. [ 30 ] The DYP asks for a short term period of placement in order for the parents to get a sound evaluation of their parental capacities. [ 31 ] The collaboration of the parents is very important, they must solve their personal difficulties and offer a stable environment for their child X.

[ 32 ] For all these reasons. The security and development of X are in danger because he has been neglected and subject to psychological ill treatment and submitted to physical abuse. [ 33 ] In order to correct this situation the court orders. [ 34 ] THEREFORE, THE COURT: [ 35 ] ORDERS that X be entrusted to a foster family for a period of the 6 months; [ 36 ] ORDERS that the parents and extended family be prohibited from directly or indirectly contacting the foster parents; [ 37 ] ORDERS the contacts between the father and the child take place according to the agreements between the father and the DYP.

In the absence of on agreement these contacts must take place in the presence of a person designated by the DYP; [ 38 ] ORDERS that the contacts between the mother and her child and between the child and all of his grand-parents be scheduled and organised according the agreements to intervene between parties concerned; [ 39 ] ORDERS that X receive al medical attention and development assessment and follows recommendations; [ 40 ] ORDERS that the parental authority for signing authorization for medical, educational recreational and travel be withdrawn from the parents and granted to the DYP for a period of only 2 months; [ 41 ] ORDERS that the parents meet with their caseworker on a regular scheduled basis to update their situation; [ 42 ] ORDERS that a person working for an establishment provide aid counsel and assistance to the family for a period of six months; [ 43 ] THE COURT RECOMMENDS; ➢ THAT the mother Ms A undergoes a psychiatric assessment and follows recommendations; ➢ THAT the parents undergo a psychological parental capacity assessment, witch includes and individual includes and individual psychological assessment and follow recommendations; [ 44 ] ENTRUST the situation of the child to the Director of Youth Protection of le Centre jeunesse A for the execution of the measures. __________________________________ JEAN GRAVEL, juge Cour du Québec Chambre de la jeunesse M e Annick Bergeron Procureure de la DPJ M e Jean-Pierre Gaudreau Procureure de l'enfant M e Patrick Cormier Procureur de la mère M e Kathleen O'Meara Procureure du père Date d’audience : 5 mai 2010