2011 QCCQ 5034, 2011 QCCQ 5034

Protection de la jeunesse — 11388 2011 QCCQ 5034 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth chamber” No: 610-41-000465-104 DATE: January 27, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , human relations agent, exercising her profession at the Youth Center A, having a place of business at […], town A, district A Applicant -and- X, domiciled and residing at […] at town B, district A, […] Child -and- A , domiciled and residing at […] at town C, district A, […] Mother -and- B , residing at […] at town C, district A, […] Father JUDGMENT

Section 38 and 75 Y.P.A. chap. P-34.1 R.S.Q. [ 1 ] The Court is seized of a petition aiming to declare that the security and development of X, born on […], 2009, are compromised in regard of

Section 38

c) and e) 1 o and 2 o of the Youth Protection Act. The applicant recommends entrusting the child to her mother with different measures of help for this family for one year. All parties are represented at the hearing, but only the mother is present. She admitted all the allegations. The counsel of the father admitted most of the allegations and ignored some. Both parents agree with the measures recommended. [ 2 ] At the time of the petition, the mother was 18 years old, and the father 17 years old. On February 11, 2010, the mother left the child alone with the father.

After her return, she noticed that the baby was not feeling well: she had breathing difficulties, was crying, vomiting and had seizures (her eyes were rolling over). The next day, the baby was brought to the hospital A from where she was transferred to [Hospital B] and finally to [Hospital C]. Different tests revealed bilateral subdural haemorrhages, bilateral retinal haemorrhages and rib fractures. The doctors concluded that the baby was the victim of bodily injury. [ 3 ] On April 1, 2010, an agreement on voluntary measures was reached with the parents for a period of one year.

Both parents were told not to be in the presence of each other alone with the child. On May 6, 2010, the father was arrested for aggravated assault on the child and was released with an “undertaking” stating that he cannot be in contact with his daughter without the presence of another adult. [ 4 ] On August 3, 2010, while traveling between town D and town E, the parents had an argument and the father was physically violent towards the mother. He also broke the car back seat window where was the child. Glass was found in the child’s diaper. Later this day, the mother pressed charges against the father.

He was arrested, detained and released the day after with another “undertaking”. [ 5 ] A second agreement on voluntary measures was signed on August 6, 2010 for a period of two months. When these measures were signed, the father had verbally agreed to follow an anger management therapy, but he finally changed his mind. [ 6 ] The mother has a hard time dealing with her daughter’s health state. She is still torn between her daughter and the father of her child. Both deny that violence was applied on the baby. The father as difficulty recognizing is violence problem.

The psychological assessment report concerning the father stated that:

Mr. B needs therapy to enhance social skills, to become more flexible and learn how to develop and choose among alternative ways of thinking, feeling and behaving. Stress reduction techniques may help him deal with underlying anxiety and free him to experiment with new behaviors. The client’s distortion of reality indicates that decisions and behaviors may not be based on accurate data. He needs realistic feedback and guidance to establish more consensual grounds for communication and perception. We strongly recommend for the client a therapy for anger management (ex.: [Center A]). Due to Mr.

B level of interpersonal suspicion and mistrust, therapists must slowly approach him and build rapport. Constant checks on how he interprets situations are necessary as the client projects his own feelings onto others. He must be made aware of this, as well as learn how his own behavior sets up negative reactions. Because of the client’s tendency to avoid self-inspection, behavioral methods may be more effective. (…) Mr. B needs to increase impulse control and learn to see his feelings as “red flags” that call for problem solving rather than as imperatives upon which he must act.

Use of Cognitive Behavioral techniques to increase cognitive mediation, to teaching problem- solving skills, increase frustration/stress tolerance through stress inoculation training, and discover impulse triggers is suggested. Mr. B has to learn how to acknowledge and then detach from his feelings since he is prone to acting directly on emotions without thinking. Mr.

B needs education about the nature of emotions and must learn ways of not immediately responding once feelings arise. [ 7 ] Considering the admissions of the parties, the fact that the measures are not contested by the parents, the different testimonies and the social study report on the child’s situation, it is in the interest of the child that the Court orders the recommended measures. FOR THESE REASONS, THE COURT: GRANTS the petition ; DECLARES that the security and development of X, born on […], 2009, as being compromised under

Section 38 YPA; ENTRUSTS the child to her mother; RECOMMENDS to the mother to live with her own parents; ORDERS • that a person working for an institution or body provide aid, counselling and assistance to the child, to the child’s parents and the maternal grandparents if the mother lives with them; • to these persons who will be receiving help to take an active

part in the measures ordered by the Court, • that both parents report periodically to the director on the measures they apply in their own regard and in their child’s regard to put an end to the situation in which the security and development of the child are in danger, • that the child receives specific health care and health services as for her condition, • the father to go in therapy for anger management, • that the visits between the child and her father be supervised by the DYP, as per the frequency and modalities, in the best interest of the child and in presence of a third party chosen by the Youth Center, once the father will have began a follow-up for anger management; AUTHORIZES that the information be exchanged between the different workers involved in this file for the child’s best interest; ENTRUSTS the child's situation to the director who shall see that the measures are carried out; ORDERS any peace officer to collaborate for the purpose of executing this enactment.

All measures are for a period of one year. __________________________________ MARC E. GRIMARD. J.Q.C. M e Pierre Grygiel Counsel for the applicant M e Imane Kamal Counsel of the child

M e Marc Ouimette Counsel of the father M e Peggy Warolin Counsel of the mother Date of hearing: November 18, 2010