2018 QCCQ 11232, 2018 QCCQ 11232

Protection de la jeunesse — 18653 2018 QCCQ 11232 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033299-173 DATE : February 6, 2018 ______________________________________________________________________ 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 February 6, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the child is subject to psychological ill-treatment. [ 3 ] On November 23, 2017, the Tribunal entrusted the child to the mother’s care at the exclusion of the father.

Support measures were ordered on a provisional basis. [ 4 ] Today, the Director recommends that the child remains entrusted to the mother’s care and that support measures be ordered for a period of one year. [ 5 ] Both parents are in agreement with the recommended measures. [ 6 ] The child’s lawyer also agreed with the proposed plan. [ 7 ] As the Director was unable to exhibit the original of the child’s birth certificate, the hearing was continued, pro forma on February 6, 2018 Question in litigation [ 8 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 9 ] The child has been repeatedly exposed to episodes of verbal arguments between the parents. [ 10 ] In August 2016, Y, the child’s sister, witnessed the father attempting to strangle the mother. [ 11 ] On October 21, 2016, the father pushed the mother in the bathroom. He grabbed and squeezed her arm, leaving a bruise.

[ 12 ] On March 13, 2017, the parties signed an Agreement on Voluntary Measures, recognizing the fact that the child was exposed to conjugal violence perpetrated by the father. [ 13 ] The father has been diagnosed with severe anxiety and he experiences problems controlling his anger. He has not been taking his medication on a regular basis. [ 14 ] In February 2017, as the father’s criminal condition were modified, the mother allowed him to return to live with the family. [ 15 ] In August 2017, conflict between the parents escalated to the point where the mother ask the father to leave the residence.

They have lived apart since. [ 16 ] On October 31, 2017, the father went to the family home without the mother’s permission. He kicked the door until Y opened it. He became physically violent towards the mother. He was later arrested. [ 17 ] On November 21, 2017, the father was released from prison.

The father’s next criminal hearing is set in February 2018. [ 18 ] On November 23, 2017, the Tribunal entrusted the child to the mother’s care at the exclusion of the father. [ 19 ] Z is making progress in prekindergarten, while X and Y are doing well in school. [ 20 ] The mother actively collaborates with the Director. She is transparent and understands the necessity to provide a safe environment for the child. [ 21 ] The father is currently residing with a friend. [ 22 ] The father needs to address his issues of anger management.

He’s on the right track as he plans to participate in group sessions with the McGill Domestic Violence Clinic in January 2018. The Tribunal encourages him to continue to actively participate in the Director’s social follow up. THEREFORE AND FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security or the development of the child is endangered (

section 38

c) of the Youth Protection Act ); [ 25 ] ENTRUSTS the child to the care of his mother; [ 26 ] ORDERS that frequency and modalities of contact between the child and his father be determined by the Director of Youth Protection including supervision for as long as deemed necessary; [ 27 ] ORDERS that the father refrain from all forms of violence and aggression in the home, including verbal abuse and denigration to all family members; [ 28 ] RECOMMENDS that the father take steps to address his personal issues and follow through with ensuing recommendations, and report his progress to the Director of Youth Protection; [ 29 ] TAKES JUDICIAL NOTICE that the father is currently on a waiting list to receive a psychological assessment; [ 30 ] RECOMMENDS that the mother continue to address the collective needs of the family via support services provided by the CLSC Côte-des-Neiges; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 32 ] THE WHOLE until January 17, 2019; [ 33 ] 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.

Signed on February 19, 2018 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Sylvie Piriou Counsel for the child Mtre François Pelletier Counsel for the father Dates of hearing: January 17 and February 6, 2018