2017 QCCQ 17083, 2017 QCCQ 17083

Protection de la jeunesse — 177641 2017 QCCQ 17083 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 031979-164; 525-41-031980-162 DATE : September 15, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2004 Y , born on [...], 2005 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on September 15 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the X, now aged 13, alleging that his security and development are compromised due to physical abuse (inappropriate means of discipline of the mother), serious behavioural disturbances and risk of physical abuse (at the hands of his father).

The Director alleges that the security and development of his brother Y, now aged 12, are compromised due to physical abuse (inappropriate means of discipline of the mother as well as abuse at the hands of the father). The Director is asking that the adolescents be entrusted to the care of their mother and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The mother has admitted essentially all the facts pertaining to her situation and that of her sons. She has ignored the facts alleged pertaining to the father.

The mother is in agreement with the conclusions sought by the Director. [ 4 ] The father was present only at the hearing held on January 13 th , 2017. He is not often residing in Quebec. When present, the father denied the facts alleged in support of the motion pertaining to his abuse of Y. His position regarding the conclusions sought by the Director is unknown. [ 5 ] Counsel for X admitted some of the facts alleged in support of the motion pertaining to the abuse of his brother by their father. The adolescent also admits to the aggressive physical fights he has with his younger brother on a daily basis.

The serious issues occurring at school are also admitted. Although the adolescent agrees to be entrusted to the care of his mother and to collaborate with the Director for the period of time requested, his counsel suggests to the Court to recommend, rather than order, that the adolescent follow-up with the recommendations made by the psychologist who assessed him.

[ 6 ] On behalf of Y, his attorney admits the facts alleged in support of the physical abuse the child suffered at the hands of his father. The child also recognizes having certain delays and learning difficulties. He agrees with the recommendations of the Director and adds that he would like to meet with a child psychologist. CONTEXT [ 7 ] The situation of the children has been known to the Director since June 2016.

It is under an agreement on voluntary measures that services were provided to the mother in order to help her exercise her parental authority without resorting to using inappropriate means of discipline. Support was also provided to the mother in order that she provide better structure to X in relation to the behavioural difficulties he was then exhibiting. [ 8 ] The mother has expressed, on more than one occasion, being overwhelmed taking care of two children alone. Ongoing services were provided. Various assessments were conducted. [ 9 ] X suffers from conduct disorder.

Symptoms of anxiety and depression are also noted in relation to his intellectual impairment. His cognitive abilities are low, according to the testimony of the worker. Although Attention Deficit and Hyperactivity Disorder (ADHD) has been ruled out, the adolescent has difficulty with concentration. It is recommended that the adolescent continue to attend the same specialized school and that he be involved in individual psychotherapy. [ 10 ] As for Y, the recent assessment reveals intellectual disabilities causing academic delays.

In his situation, ADHD has also been ruled out but symptoms of anxiety and depression are present. [ 11 ] In addition to the specific services the adolescents need, the worker highlights that the services of an educator are still required to help the mother and her sons to reduce the conflicts opposing the brothers. [ 12 ] The mother continues to offer her collaboration while the father does not keep contacts with the Director.

In fact, his address and phone number are currently unknown. [ 13 ] The evidence reveals that the security and development of the children are compromised for the reasons alleged by the Director. The measures recommended meet the needs of the children and are in their best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 14 ] DECLARES that the security and the development of X are compromised due to physical abuse (inappropriate means of discipline of the mother), serious behavioural disturbances and risk of physical abuse (at the hands of his father). [ 15 ] DECLARES that the security and the development of Y are compromised due to physical abuse (inappropriate means of discipline of the mother as well as abuse at the hands of the father).

AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 16 ] ENTRUSTS the children to the care of their mother; [ 17 ] ORDERS that X receive the following health care and services : individual psychotherapy and regular medical follow-up; [ 18 ] ORDERS the Director of Youth Protection and the mother to follow through with the recommendations made following the psychological assessment; [ 19 ] ORDERS that Y receive the following health care and services : follow-up by a psychologist as long as indicated; [ 20 ] ORDERS the Director of Youth Protection and the mother to follow through with the recommendations made following the psychological assessment of Y; [ 21 ] ORDERS that the frequency and modalities of contacts between the children and their father be determined by the Director of Youth Protection, taking into account the children’s wishes and best interest as long as father has submitted to at least three (3) meetings with the worker to establish his motivation and commitment to maintain contacts with his children; [ 22 ] ORDERS that aid, counsel and assistance be provided to the children and their parents for a period of one (1) year; [ 23 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Sym Davis

Attorney for the Director of Youth Protection Me Lilian Stah Attorney for X Me Jean-Hervé Thomas Attorney for Y Me Francis Cloutier Attorney for the mother Date of hearing : September 15 th , 2017