2014 QCCQ 14192, 2014 QCCQ 14192

Protection de la jeunesse — 142281 2014 QCCQ 14192 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC District of [...] Youth Court Division N°: 525-41-028205-144 Date: April 24, 2014 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...] , 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Applicant -and- A , the mother The parent -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 24, 2014, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of A filed a motion to declare that the security and development of a child is in danger in the case of X , a fifteen year-old adolescent, as a result of his mother's unreasonable methods of upbringing. [ 3 ] The facts alleged in support of the motion dated March 17, 2014 are as follows: 3.1. as relevant background information, a motion for extension of immediate protective measures was granted on March 11 th , 2014 by the Honourable Judge Lucille Beauchemin, therefore extending the application of immediate protective measures for five (5) working days whereby the adolescent was entrusted to the care of his maternal grandfather; 3.2. the adolescent is subjected to unreasonable methods of upbringing by his mother and the mother fails to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the adolescent states that his mother disciplines him by hitting him on average three (3) times per week;

b) the adolescent states that the mother hits him all over his body with her hand, but mostly with various objects, such as a belt, or a cable wire;

c) the adolescent's eldest step-sibling declared to the youth protection worker that the mother slaps the adolescent;

d) although the mother denies hitting the adolescent with objects, she admits to sometimes hitting him with her hand, as a measure of discipline;

e) on February 27 th , 2014, the mother hit the adolescent with a cane on his upper body, which caused soreness and swelling;

f) the mother denies having hit the adolescent with a cane on this particular occasion, but admits to having done so with her hand; 3.3. at this point in time, the adolescent refuses to go back to the care of the mother and refuses to see her; 3.4. the mother threatened to send the adolescent back to city A or to city B, which has caused the latter to worry a lot (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to his maternal grandfather with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Bouchard, admitted most of the facts alleged in support of the motion.

However, she denied hitting her son with a cane, as alleged, and denied her older child's statements. She nonetheless expressed her consent to all the proposed measures. [ 6 ] The adolescent's father is not declared on his birth certificate. [ 7 ] The adolescent, assisted by Me Hamel, also admitted the majority of the facts alleged and consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Adolescent's Birth Certificate; D-2: Court Report, prepared by [social worker 1], dated April 11, 2014. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] The mother does not dispute her son's entrustment to his maternal grandfather and expresses the desire collaborate fully to rebuild her relationship with her son. [ 11 ] As summarized in the Court Report: X is a fourteen year old boy who presents credibly about what he has been subjected to by his mother. He has also disclosed the convoluted conflicts existing between adults in his life.

X has demonstrated that he is a very resilient and responsible young person who appeared to have no other motives of leaving his mother's care than seeking safety. Although Ms. A continues to deny that she has subjected X to unreasonable and abusive physical treatment, she acknowledged that she had verbally threatened X with returning him to city A or city B. Ms. A also recognized that she was extremely upset with X on the day of the incident and had hit him with her hand.

Further to this, X 's eldest half-sibling did acknowledge she has been a witness in the past to X being hit with objects such as belts and cablewires. At present, the Department of Youth Protection needs to remain involved with this family in order to prevent physical abuse and work on mending the relationship between Ms.

A and her son. [1] [ 12 ] Consequently, given the evidence and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the adolescent's interest. [ 13 ] THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and the development of the adolescent, X , are compromised under

section 38 e) 1) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the adolescent be entrusted to his maternal grandfather, Mr.

Van Hadley, with a possible reintegration to his mother's care, if the situation allows, taking into account the adolescent's wishes; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and his half-siblings and his mother be determined by consent amongst the parties, and that such contacts be encouraged; [ 18 ] TAKES JUDICIAL NOTICE that it will be the Director of Youth Protection's priority to work on providing the adolescent and his mother with the tools necessary to improve their relationship, as soon as the adolescent is ready to do so; [ 19 ] RECOMMENDS that steps be taken to rebuild their relationship, as soon as possible; [ 20 ] ORDERS that the mother refrain from using any form of physical discipline in the adolescent's presence or from making any derogatory comments towards him; [ 21 ] ORDERS that a person working for A provide aid, counsel and assistance to the adolescent and his family; [ 22 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A , who shall then see that the measures

are carried out; [ 23 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Sym Davis / AN4187 Attorney for the Director of Youth Protection Me Robert Hamel / AH4614 Attorney for the adolescent Me Daniel Bouchard / AY3558 Attorney for the mother TD/vl