2011 QCCQ 12837, 2011 QCCQ 12837

Protection de la jeunesse — 114534 2011 QCCQ 12837 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-003971-119 DATE: August 8, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: […], 2004 [INTERVENANTE 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Petitioner -and- A , residing at […], City A (Quebec), district A; -and- B , residing at […], City A (Quebec), district A; Parents of the child -and- JD2182 COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director submits to the Court a motion for protection concerning the child X, born on […], 2004. [ 2 ] The Director represents that the security and development of the child are in danger for the reasons listed in

paragraph 3 of the motion. [ 3 ] The children are subject to a signalement due to physical abuse by the father and serious risk of physical abuse and of neglect. The three oldest children verbalized being spanked sometimes with objects, belt from the father and spoon by the mother.

The parents denied spanking their children with a belt. [ 4 ] After an incident that occurred on March 12, 2011, while the father head butted the child Y supposedly by accident, the child decided to go to her maternal grandmother. [ 5 ] Y mentions to social worker that a good week for her is five spank and a bad week is about ten. [ 6 ] The parents admit to spank the children, as it is a teaching from their church. [ 7 ] The father is diagnosed with depression and anxiety and receive medication. The mother, also, takes the same medication as the father.

She explains being overwhelmed with the children and having no time off. [ 8 ] The parents use drugs on a daily basis and the mother admits having financial difficulties due to their drug use. [ 9 ] The children mention that since the intervention of the youth protection director that the spanking with object has stopped, but there is still spanking by the parents. [ 10 ] The child Y came back home at the beginning of May. On May 4 th , 2011, the services of an educator were put in place, but every appointment was later cancelled by the mother.

On May 12, 2011, the mother called to cancel the services and that if an intervention is to take place, it would go through a court order. The CLSC is also involved with the family. [ 11 ] The parents put in place new disciplinary methods which are not respected always by the children. [ 12 ] The father was due to begin a therapy at A Pavillon, but he cancelled two appointments, mentioning that he is agoraphobic. [ 13 ] The father asked to see a psychiatrist through the CLSC, but he is not asking anymore. [ 14 ] The parent's collaboration is lacking and they had problem with unpaid rent.

While upset, the parents mention that if they are evicted from their apartment, they will move to city A as spanking is allowed there. [ 15 ] Since mid-June 2011, the parents started to collaborate better with the youth protection director. From that point, the situation in the family has changed as the parents do not spank anymore the child and do not use drugs also.

The parents are responding well to the service to the educator services. [ 16 ] The Court is convinced that the security and development of the children are in danger because of a situation of serious risk of physical abuse and a situation of serious risk of neglect.

The recommendations of the youth protection director are appropriate and in the interest of the children. [ 17 ] Considering the admissions and after the reading of the reports, the Court is satisfied and therefore: [ 18 ] MAINTAINS the present motion; [ 19 ] DECLARES that the security and development of the child X are in danger; [ 20 ] ENTRUSTS the situation of the child X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of one year : [ 21 ] ORDERS that the child be maintained with her parents; [ 22 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the child and her family; [ 23 ] ORDERS that the parents take an active

part in the application of the measures; [ 24 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS J.C.Q. Me Véronique Crête Procureure de la directrice Me Michel Robert pour Me Béatrice Clément Procureur de l’enfant Date of hearing: August 8, 2011