2018 QCCQ 13900, 2018 QCCQ 13900

Protection de la jeunesse — 184283 2018 QCCQ 13900 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-033441-171 DATE : March 22, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] , 2013 child and A mother ______________________________________________________________________ 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 March 22, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that Y is victim of bodily injury by the mother and the stepfather and that he exhibits serious behavioural disturbances. The Director alleges that X is also victim of bodily injury by her mother and Mr.

B. [ 3 ] On January 3, 2018, the Tribunal orders the provisional compulsory foster care of the child in a foster family. [ 4 ] On January 18, 2018, the Tribunal ordered the provisional compulsory foster care of the child Y in a rehabilitation centre. [ 5 ] Today, the Director recommends that X be entrusted to her mother and that Y be placed in a rehabilitation centre. The Director also recommends that support measures be ordered for a period of one year. [ 6 ] The mother admits that, on occasions, she threatened the children with a belt. She undertakes not to use this means of discipline anymore.

She is in agreement with the Director’s plan for both children. [ 7 ] Y’s father reported to the youth protection worker that he would like to have his son entrusted to his care. Since Y is in a group home, he only called him once. [ 8 ] The child’s attorney is also in agreement with the Director’s recommendations. Question in litigation [ 9 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 10 ] The child Y reported to the youth protection worker that he was hit by his stepfather with a belt and by his mother with an open hand and a closed fist.

[ 11 ] The child Y also reported that he is very often hit and that his sister, X is also hit the same way. [ 12 ] The child X confirmed to the youth protection worker that she and her brother are often hit by the mother and the stepfather. [ 13 ] Considering the mother’s admission of threatening the children with a belt, the children did not testify to the hearing. [ 14 ] The mother’s partner deny using physical discipline. [ 15 ] Y and X have a conflictual relationship. [ 16 ] Y presents with some behavioural issues at school. [ 17 ] X attends kindergarten. [ 18 ] Y demonstrated behavioural problems in the foster family.

He was physically aggressive with other children. [ 19 ] Y’s father is living in City A. He is not aware of the mother using any inappropriate discipline with his son. [ 20 ] On January 10, 2018, Y was transferred to another foster family as there was a signalement that he was physically discipline in the foster family (assessment ongoing). [ 21 ] In the new foster family, the child has continued to be physically aggressive.

On January 17, 2018, immediate protective measures were invoked and the child was placed in a rehabilitation centre. [ 22 ] On January 18, 2018, the Tribunal ordered the provisional compulsory foster care of Y in a rehabilitation centre. [ 23 ] The psychologist who assessed Y concluded that he presented with “ clinically significant issues of opposition, aggression and attention deficit – inattentive presentation ”. Numerous recommendations were made. [ 24 ] The mother and Mr. B acknowledge needing help to address Y’s difficult behaviours.

They also recognize similar difficulties with X. [ 25 ] The mother recognizes that she needs to develop different type of discipline with the children. THEREFORE AND FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security or the development of the child is endangered (

section 38 e) 1 o of the Youth Protection Act ); [ 28 ] ENTRUSTS the child to her mother; [ 29 ] ORDERS services of an educator be put in place in order to help enhance the mother’s parental skills and follow recommendations made by the educator and the worker; [ 30 ] ORDERS the mother to ensure that the child is adequately supervised in her absence; [ 31 ] ORDERS that the mother continue to refrain from using any means of physical discipline with the child; [ 32 ] ORDERS that the mother ensure that Z refrain from using any means of physical discipline with the child; [ 33 ] AUTHORIZES the Director of Youth Protection to exchange information with the treating professionals working with the family; [ 34 ] ORDERS that the mother collaborate with the Director of Youth Protection, including meeting with the caseworker upon request; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 36 ] THE WHOLE for a period of one year; [ 37 ] 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 April 4, 2018 /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Richard Brunet Counsel for the child Mtre Louise Denault

Counsel for the mother Date of hearing: March 22, 2018