2016 QCCQ 18018, 2016 QCCQ 18018

Protection de la jeunesse — 168861 2016 QCCQ 18018 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 031737-166 DATE : December 22, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2012 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 con-firms in writing the decision rendered orally at the hearing held on December 22 nd , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that his security and development are compromised due to psychological ill-treatment and risk of physical abuse (inappropriate means of discipline).

The Director is asking that the child be entrusted to the care of his mother, that the frequency and modality of contacts between the child and his father be determined by the Director along with other youth protective measures for a period of one year. [ 3 ] The mother admits the longstanding history of conjugal violence between the parents and to the child being repeatedly exposed to incidents of violence. She admits that the child exhibits behavioural disturbances and that she needs support to parent the child. The mother recognizes that both parents have used physical means of discipline towards the child.

She agrees with the recommendations of the Director. [ 4 ] The father admits the longstanding history of conjugal violence but denies that it included physical abuse. He denies specifically threatening the mother, choking, pu-shing and biting her. He now recognizes having hit the child and agrees to collaborate with the Director. He is in agreement with the recommendations presented to Court. [ 5 ] At the conclusion of the inquiry, counsel for the child agrees with the conclusions sought by the Director.

The attorney invites the Court not to set a minimum frequency of contacts between the child and the father, stressing that the Director should determine the frequency as the contacts should be for the benefit of the child.

CONTEXT [ 6 ] Although the father recognizes the longstanding history of conjugal violence between the parents, the mother testifies at length to illustrate how the violence has also been physical towards her. [ 7 ] What appears clearly is that the child has been, on numerous occasions, exposed to incidents of violence between the parents. [ 8 ] The child exhibits serious behavioural disturbances. He presents as anxious and needing to control his environment. He can also be aggressive and spit at people.

During a visit, the child made several attempts to choke his father. [ 9 ] The parents now seem to realize that it is time to address their own issues as well as their relationship. The parents also have to learn effective and appropriate ways to discipline their child without resorting to yelling, raising their voice nor using physical means of discipline. [ 10 ] The Court invites the parents to consider registering the child for daycare.

Socialisation is certainly needed and, although mother and child attend at times a playgroup, it is felt it would be in the best interest of the child to join a more structured group before he is registered in school in September 2017. [ 11 ] The evidence reveals that the child has been exposed to the conflict opposing his parents.

The Court comes to the conclusion that not only is the child at risk of physical abuse but the child has been physically abused as his parents have used inappropriate means of discipline. [ 12 ] The recommendations made by the Director meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 13 ] DECLARES that the security and the development of the child are compromised due to psychological ill-treatment (exposed to the conflicts of the parents), physical abuse (inappropriate means of discipline) and risk of physical abuse; 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: [ 14 ] ENTRUSTS the child to the care of his mother; [ 15 ] ORDERS that the modalities and duration of contacts between the child and his father be determined by the Director of Youth Protection and SETS the minimum frequency of those contacts at once (1) a week;

[ 16 ] RECOMMENDS that the child attend daycare as quickly as possible; [ 17 ] ORDERS that the parents collaborate with the Director of Youth Protection; [ 18 ] RECOMMENDS that both parents receive services pertaining to conjugal violence; [ 19 ] ORDERS that aid, counsel and assistance be provided to the child and his parents for a period of one (1) year; [ 20 ] ENTRUSTS the situation of the child 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 Nadia Sabik Attorney for the Director of Youth Protection Me Marie-Josée Ayoub Attorney for the child Me Jean-Hervé Thomas Attorney for the mother Me François De Vette Attorney for the father Date of hearing : December 22 nd , 2016