2016 QCCQ 9902, 2016 QCCQ 9902

Protection de la jeunesse — 164229 2016 QCCQ 9902 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001957-155 DATE: July 4 th , 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2006 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in City A Applicant and A, residing and domiciled in C, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT (sections 38 and 75 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized with a motion asking that the security and development of X, born on […], 2006, be declared endangered because he is victim of physical abuse by his parents, in regards of

section 38 (e 1) of the Youth Protection Act . [ 2 ] At the hearing, the mother is present and assisted by Me Angela Tommasel. The child is represented by Me Nicolas Welt and Me Donald Bourget represents the applicant. [ 3 ] Evidence that the security and development of the child are endangered is made of the partial admissions of the mother and the testimony of the social worker. The parties agree with the measures proposed in the social study filed. [ 4 ] The child is adopted by his biological paternal grandmother since his birth.

He lives with her and his adoptive sister Y, 13 years old. [ 5 ] The child disclosed the he was scared of her mother because she kicked him a few times while he was sleeping. The mother admitted that she hit her son more than once, it is her way to correct him when he misbehaves. She disclosed that the last time she hit him because he was trying to smoke. [ 6 ] Protective measures were immediately taken by the Youth Protection and the child was entrusted in foster care at his aunt’s place. He remained there for a month. On January 29 th , 2016, X met his mother at the hospital and was very happy to see her.

He told the social worker that he was not scared of her anymore and wanted to go back. [ 7 ] The mother acknowledges that her educational measures coercive disciplinary methods are not adapted anymore, particularly with X. She needs to develop other way for the education of her son. Her parental capacity must be developed and to do so, she agrees to collaborate with social services. CONSIDERING THE EVIDENCE AND THE PARTIES AGREEMENT. THE COURT: [ 8 ] GRANTS the motion; [ 9 ] DECLARES that the security and development of X, born on […], 2006, are endangered; [ 10 ] REMAINS the child with his mother;

[ 11 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his mother until February 28 th , 2017; [ 12 ] ORDERS the mother to take an active

part in the social follow-up; [ 13 ] ORDERS the Director of Youth Protection to provide the services of an external educator to the child; [ 14 ] ORDERS the mother to seek help through the social services for her personal issues; [ 15 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the A C.Y.P.C. for the purpose of executing the measures ordered by the Court. __________________________________ DENYSE LEDUC, J.C.Q. Me Nicolas Welt Attorney for the children Me Donald Bourget Attorney for the applicant Me Angela Tommasel Attorney for the mother Date of hearing: May 24, 2016