2015 QCCQ 19549, 2015 QCCQ 19549

Protection de la jeunesse — 154760 2015 QCCQ 19549 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 030171-151 DATE : December 8, 2015 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2006 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 December 8 th , 2015. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that his security and development are compromised because he exhibits serious behavioural disturbances and is subjected to psychological ill-treatment (conflictual relationship of the parents).

The Director is asking that the child remain entrusted to his mother and that aid, counsel and assistance be provided to the child and his parents for a period of twelve months. [ 3 ] On behalf of the mother, certain facts are admitted. The mother admits that the parents have a history of conflictual relationship and of conjugal violence but denies any physical violence and claims that the disputes opposing the parents never happened in front of the child. The mother admits that the child often insults her, hits her and calls a liar, and that the child exhibits aggressive behaviours towards her.

She agrees with the recommendations presented by the Director. [ 4 ] On behalf of the child, counsel makes no admission but based on the evidence, is satisfied that the security and development of the child are compromised due to psychological ill-treatment. Counsel is also in agreement with the recommendations of the Director.

CONTEXT [ 5 ] The evidence reveals that the mother is currently receiving the services from the West Montreal Rehabilitation Centre (CROM).

Except for an interruption of service between January to November 2013, the mother has received services from the organization since March 2012 regarding home support (budgeting) and parenting. [ 6 ] A signalement was received on June 8 th , 2015 alleging that the child is exposed to conflicts within the home. [ 7 ] The assessment of the signalement reveals that the child claims that he never witnessed his parents interacting in a violent manner towards one another as he spends most of his time outside playing. The child admits to not listening to his mother's rules.

He his unable to explain why he is scared at night and needs to sleep with his mother. [ 8 ] The mother recognizes having been verbally abused by her husband. He puts her down. Since May 9 th , 2015, following a dispute, she has not seen him but has only spoken to him over the phone.

For the time being, she does not consider reuniting with him although they have been separated in the past and have reunited afterwards. [ 9 ] Even if the mother denies that the child has been exposed to the conflicts of the parents, the mother expresses her concerns about the child's mental health. [ 10 ] As to the father, when met by the worker, he claims not to understand the need for the Director's involvement. As the dispute of May 9 th , 2015 was between him and his adult daughter, he claims the mother had nothing to do with it and she had therefore no reason to call the police or become involved.

Since he left the home on May 9 th , he claims to have respected the conditions imposed not to be in contact with the mother. [ 11 ] Neither parent recognizes the impact of the family's instability or conflicts on the child. [ 12 ] The father has offered no collaboration to the Director and is not present in Court. The child visits with his father on weekends. [ 13 ] The assessment of the family situation also reveals that the adult siblings of the child also treat their mother with disrespect. When asked by the Director to get involved in the evaluation of the signalement, they refused to participate.

The worker has observed that the father's attitude towards the mother as well as that of the siblings' has negatively influenced the child. [ 14 ] The evidence provided establishes that the security and development of the child are compromised not only because he exhibits behavioural disturbances but also because he has been subjected to psychological ill-treatment. [ 15 ] Under the circumstances, the services offered by the Director meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 16 ] DECLARES that the security and the development of the child are compromised; 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: [ 17 ] ORDERS that the child remain entrusted to the care of his mother; [ 18 ] RECOMMENDS that the mother continue to receive the services pertaining to conjugal violence and the support services from the CROM; [ 19 ] RECOMMENDS to the father to take steps to receive services related to his violence; [ 20 ] ORDERS that aid, counsel and assistance be provided to the child and his parents, including the services of an educator; [ 21 ] ORDERS both parents to collaborate with the Director of Youth Protection, meeting the Director when requested; [ 22 ] THE WHOLE , for a period of one (1) year; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Youth and family Centres A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection

Me Luce James Attorney for the child Me François De Vette Attorney for the mother Date of hearing : December 8 th , 2015