2020 QCCQ 9402, 2020 QCCQ 9402

Protection de la jeunesse — 203466 2020 QCCQ 9402 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-036836-203 DATE: June 25, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 25, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of supervision neglect and of psychological ill-treatment. [ 3 ] Today, the Director recommends that X remains entrusted to his parents’ care. [ 4 ] The Director also recommends that diverse support measures be put in place for a period of nine months. [ 5 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child has been diagnosed with Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder. [ 8 ] The child is enrolled at School A. [ 9 ] Over the years, the family has been receiving support from a psychoeducator from the CLSC. Work has been done to support the parents in providing structure to the four children who exhibit highly challenging behaviours. [ 10 ] The child has been exposed to episodes of conflicts between the parents.

On January 21, 2020, a conflict escalated to the point where the father broke the ceramic stove top. [ 11 ] The mother mentions that the father uses denigrating language towards her in the child’s presence. The child has been repeating

some of the inappropriate comments. [ 12 ] In the past, the maternal grandfather has tied Y, Z and C with a dog leash. He also held Y by the feet over the stairs as a means of discipline. Despite this, the family has continued to use his services as a babysitter. The parents reported that the grandfather only tied the children in the context of a game. [ 13 ] During the weekend of April 25, 2020, the maternal grandmother slapped Y in the face, while the mother was not looking. She also pinched Z and scratched C. [ 14 ] On May 4, 2020, the Tribunal entrusted the child, on a provisional basis, to the parents’ care.

It was ordered that the parents collaborate with the Youth Protection worker and the educator. [ 15 ] On June 8, 2020, upon arrival to the family home, the Youth Protection worker observed that Y was yelling obscenities at neighbors. Y, C and Z were unsupervised and running through the streets. [ 16 ] Upon learning that the children would be placed, the father took the children to his car and drove without ensuring that the children were correctly wearing their seat belts. [ 17 ] All four children present with highly challenging behaviours.

Despite the support provided to the family, the parents still struggle with meeting the child’s need for supervision. They have yet to develop a coherent ant consistent approach to discipline and structure. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 iii and 38

c) of the Youth Protection Act ); [ 20 ] ORDERS that the child be entrusted to his parents; [ 21 ] ORDERS that the parents not expose the child to conjugal violence; [ 22 ] ORDERS that the family collaborate with the Director of Youth Protection, including services from an educator; [ 23 ] ORDERS that the parents ensure that the child receive the necessary psychiatric follow-up; [ 24 ] ORDERS that the frequency and modality of contacts between the child and the maternal grandparents be determined by the Director of Youth Protection, including supervision if necessary and taking account the position of the parents; [ 25 ] RECOMMENDS that the mother receive individual therapeutic services; [ 26 ] RECOMMENDS that the father receive therapeutic services in the context of abusers of conjugal violence; [ 27 ] RECOMMENDS that the parents undergo parental capacity assessment; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 29 ] THE WHOLE for a period of nine months; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the child Date of hearing: June 25, 2020