2017 QCCQ 5926, 2017 QCCQ 5926

Protection de la jeunesse — 172548 2017 QCCQ 5926 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-032195-174 DATE: April 5, 2017 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION A X Born on [...] 2004 child and A B parents JUDGMENT

Section 38 L.P.J. 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 ] This judgment is the written version of a decision pronounced verbally on April 5, 2017. [ 2 ] The Director of Youth Protection (Director) seeks the Court to declare that the security or development of the child X (13 years old) and her two sisters, Y and Z ( respectively 11 years old and 1 year old) are in danger under

section 38 e) 1 of the Youth Protection Act (physical abuse). The Director also submits that the security or development of Z is in danger under

section 38b) 1 of the said Act (neglect). [ 3 ] The Director recommends that the child and her siblings be entrusted to their parents with a social follow-up and other measures for a period of 1 year. [ 4 ] The parents are present at the hearing. The children are absent. All the parties are represented by an attorney. [ 5 ] With the consent of the parties, the Court proceeds by a joint hearing. [ 6 ] The parents make a general admission to the effect that the security or development of their children are in danger for the reasons invoked by the Director. They are in agreement with the measures proposed.

They accept to collaborate with the social follow- up and with the educator that will be assigned to the family. [ 7 ] The parents don’t wish to testify. [ 8 ] The evidence is based on a police report filed as D-3 and a court report signed by the Applicant as D-4. The parents admit that if X and Y would testify, they would say what is written in the report filed by the Director. [ 9 ] The caseworker testifies to explain the measures recommended. CONTEXT [ 10 ] On January 30, 2017, it was reported to the police that the three children were often crying for extended periods of time and that

hitting could be heard occasionally. [ 11 ] The police intervened at the home on the same day. They had to break down the door to enter because they could hear a child crying and the parents did not open when they knocked on the door. [ 12 ] During the police intervention, X and Y reported that their parents physically discipline them. The police observed marks on X’s legs. The father admitted to the police that he hits the children. [ 13 ] On January 31, 2017, X and Y reported to the Youth Protection worker that their parents physically discipline them.

They added that the mother physically disciplines Z by tapping her on the face or buttocks when she does not sleep or when she vomits. [ 14 ] On January 31, 2017, immediate protective measures were applied and the children were placed in a foster home. [ 15 ] On February 3, 2017, X refused to attend a supervised visit with her parents. She explained that she was afraid of being scolded by them. [ 16 ] On February 6, 2017, X and Y reported that the father contacted them and blamed them for their placement and pressured them into saying that they wanted to return home.

On the same day, Y and X reported that they would like to return home.

However, Y also said that she does not feel safe at home. [ 17 ] On February 8, 2017, the Court ordered the provisional compulsory foster care of the children in a foster family with other measures. [ 18 ] The admissions of the parents and the documentary evidence convince the Court to grant the Application. [ 19 ] Y and X wish to return home but they want their parents to abstain from the use of physical discipline. [ 20 ] The agreement of the parents to the measures proposed by the Director is the first step that they are making to correct the situation and stop using physical discipline to educate their children.

They will have to learn other methods to educate them. The Director will help them to do so. A social follow-up and the involvement of an educator will be provided to them. [ 21 ] Concerning Z, she is unable to feed herself and she is underweight. She does not appear to be adequately meeting some developmental milestones for her age group. In the foster home she is calm, she is interacting with other children and she is eating and drinking more. She gained some weight during this placement.

The parents will have to follow through with her physician’s recommendations concerning her dietary and stimulation needs. [ 22 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the motion; [ 24 ] DECLARES that the security or development of X is compromised under

Section 38 e) 1) of the Youth Protection Act; [ 25 ] AS FOR THE MEASURES : [ 26 ] ORDERS that the child X be entrusted to his parents; [ 27 ] ORDERS that the parents refrain from using physical means of discipline on the child; [ 28 ] RECOMMENDS that the parents receive services to learn appropriate discipline practices with the child (i.e. follow-up by an educator) as soon as possible; [ 29 ] ORDERS that aid, counsel and assistance be provided to the family for a period of one (1) year; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 31 ] ORDERS the execution of this judgement by any peace officer, if necessary. __________________________________ Line BACHAND, J.C.Q.

Me Nadia SABIK Director’s Attorney Me Younes AMEUR Child’s attorney Me Francis CLOUTIER Mother’s attorney

Date of hearing: April 5, 2017