2018 QCCQ 16828, 2018 QCCQ 16828

Protection de la jeunesse — 187889 2018 QCCQ 16828 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033753-187 DATE : July 12, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 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 July 12, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the child is subject to psychological ill-treatment. [ 3 ] The Director also alleges that there is a serious risk of physical abuse for the child. [ 4 ] Today, the Director recommends that the child be entrusted to the mother’s care and that support measures, including therapeutic services for the child, be ordered for a period of one year. [ 5 ] The mother and the child are in agreement with the Director’s plan. [ 6 ] The father recognizes that the situation of psychological ill-treatment existed.

He decided not to present any evidence regarding the situation of serious risk of physical abuse. He agrees with the Director’s recommendations. Questions in litigation [ 7 ] Did the Director present preponderant evidence that a situation of serious risk of physical abuse exists? [ 8 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 9 ] Since February 21 2017, the family’s situation has been followed by the Director under a Voluntary Measures Agreement. [ 10 ] The child has been witness to several episodes of conjugal violence between the parents.

These episodes include incidents of verbal and/or physical violence. [ 11 ] The child wants to protect her mother, however fears the father’s reaction.

[ 12 ] The father has made treats to kill the mother and the child’s brother. He has used denigrating terms towards the mother and the child’s brother. [ 13 ] On March 18, 2018, the father threatened to break down Y’s bedroom door. The father then took him by the throat. As the mother attempted to intervene, the father hit her and attempted to choke her. During this incident, X was in her bedroom, crying, scared for her safety. The police intervened and the father was arrested.

He was released on March 19, 2018 with criminal conditions, including a restriction of contact with the mother and Y. [ 14 ] The father does not agree with Y’s and the mother’s description of the March 18, 2018 event. He chose not to present his version of the facts in evidence. [ 15 ] On March 23, 2018, the Tribunal entrusted the child, on a provisional basis, to the mother’s care at the exclusion of the father, prohibiting all contacts between the child and the father. [ 16 ] Contrary to the Court’s imposed conditions, the father called Y on his cellular phone, but the adolescent did not answer.

He presented himself at X’s school. He also attempted to send messages to Y and the mother through their eldest child. [ 17 ] The father took steps and started a therapeutic process with [organism A] to deal with anger management and conjugal violence related issues. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security or the development of the child is endangered (

section 38

c) and 38 e) 2 o of the Youth Protection Act ); [ 20 ] ENTRUSTS the child to the care of her/his mother; [ 21 ] ORDERS that frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection, including supervision if necessary and taking into account the child’s wishes; [ 22 ] RECOMMENDS that the mother participate in counselling services for victims of conjugal violence; [ 23 ] RECOMMENDS that the father participate and complete an anger management and a program for perpetrators of conjugal violence; [ 24 ] TAKES ACT that the father started a process with [organism A]; [ 25 ] ORDERS that the child receive therapeutic services; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] THE WHOLE until July 4, 2019; [ 28 ] 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 August 6, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the child Mtre Lilian Stah Counsel for the mother Mtre Jean-Hervé Thomas Counsel for the father Dates of hearing: July 4 and 12, 2018