2015 QCCQ 10421, 2015 QCCQ 10421

Protection de la jeunesse — 151423 2015 QCCQ 10421 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000463-148 DATE: March 9, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner and X Born on […], 2002 Child and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized with a petition for protection concerning the mother’s five children. They all live with the mother, while both fathers reside in the United States. [ 2 ] On September 30, 2014, the oldest child, X, discloses that her brother Y and herself are submitted to physical abuse by their mother. The situation is reported to the director of youth protection (DYP). [ 3 ] On the same day, both children are brought to an aunt’s to spend the night.

Shortly after, all five children are entrusted to a foster family. [ 4 ] The evidence reveals a very serious situation. [ 5 ] X was dispensed from testifying under

section 85.2 of the Youth Protection Act . [ 6 ] The statement she provided on October 1, 2014, which was recorded, was filed as the youth’s testimony, with all parties consenting. [ 7 ] X tells about her mother’s behaviour. The mother is abusive towards the three oldest children, apparently less often as far as Z is concerned. X cannot remember how many times her mother hit her or Y, because there are too many. [ 8 ] It started when she was five-year old, while they lived in the United States. On a regular basis, each week, the mother snaps them and punches them with her fist.

On one occasion, the mother hit X with a shoe. X describes some incidents, with proper details. She talks about bruises, on her body as well as Y’s. [ 9 ] X admits being scared of her mother. She also explains that she takes care of her younger siblings more than should be expected, considering her age. She wakes up the younger children to go to school. She also bathes, feeds and changes the youngest one’s diapers. [ 10 ] X denies her mother drinking or taking drugs. However, she describes situations that lead to suspect that the mother uses drugs. [ 11 ] X appears sincere in her recorded statement.

She is credible and her testimony is liable. [ 12 ] When met by the youth protection delegate, the mother denies any physical abuse. However, she eventually admits using narcotics and injecting herself with them.

[ 13 ] At the hearing, the mother’s counsel says basically the same, but the mother does not testify. [ 14 ] The Court has not hesitation to conclude that the security and development of the five children are endangered. The Court declares that X and Y are victims of physical abuse by their mother and the three other children are at risk of suffering physical abuse. [ 15 ] There is also, for the five children, a serious risk of neglect because of the mother’s addiction to drugs. [ 16 ] As for the measures, all parties consent to the children being entrusted to a foster family for several months.

It is in their best interest, considering the seriousness of the situation. They need to be safe and secure and the mother obviously cannot answer those needs for the time being. WHEREFORE, THE COURT: [ 17 ] GRANTS the petition for protection ; [ 18 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 19 ] ORDERS that the child be entrusted to a foster family designated by the DYP until August 31, 2015 ; [ 20 ] ORDERS that the contacts between parents/child be determined following an agreement between the parties and supervised for the period deemed necessary by the DYP ; [ 21 ] RECOMMENDS that the child receive psychological counselling ; [ 22 ] RECOMMENDS that the mother undergo a psychological evaluation and follow-up if deemed necessary by the professional ; [ 23 ] ORDERS that the parents actively participate in the application of the measures ordered ; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until August 31, 2015 ; [ 25 ] ENTRUSTS the situation of the child to the DYP of the centre jeunesse A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Mathieu Racine for the child Me Hugo Caissy for the mother Mr. B the father (absent) Date of hearing: February 4, 2015