2022 QCCQ 13879, 2022 QCCQ 13879

Protection de la jeunesse — 224770 2022 QCCQ 13879 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-040125-221 DATE: July 27, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of psychological ill treatment, medical neglect and physical abuse. [ 2 ] Today, the Director recommends that the child be entrusted to the parents’ care and that diverse support measures be ordered for a period of one year. [ 3 ] The parents agree with the Director’s plan. [ 4 ] The child’s attorney also agrees with the Director’s recommendations.

The child maintained that, in the past, he was subjected to inappropriate means of discipline. Questions in litigation [ 5 ] Did the Director present preponderant evidence with regards to the alleged grounds of compromission? [ 6 ] Are the proposed measures in the child’s best interest and are they respecting the child’s rights? Context and analysis [ 7 ] At school, the child appears fatigued and has difficulties regulating his emotions. He presents with impulsive and disruptive behaviours. He made violent threats about killing people, making hand gesture forming a gun and pointing it towards peers and teachers.

The school attempted to address this situation with the parents but to no avail. [ 8 ] During his testimony, the father mentioned that he believed that his son’s death threats should have been considered as a joke. [ 9 ] As a means of discipline, the child mentions being slapped by his mother, on his arms or buttocks, with an open hand approximately once per week. [ 10 ] During her testimony, the mother first mentioned that she had never slapped or hit her children as a mean of discipline.

She later reported that maybe once, a long time ago, she had slap the child on his hand. [ 11 ] Prior to the Director’s intervention, the child had not seen a doctor since 2019. At that time, he received a treatment for bedbugs.

[ 12 ] Since May 2022, an educator has been assigned to the file to support the family. [ 13 ] The parents took steps for the child to be seen by a dentist. The mother took steps to access medical services for the child. [ 14 ] On June 18, 2022, the police was called at the family residence by the father in relation with conflicts he had with the mother. At the time of the police intervention, the child and his two sisters were asleep. During this event, the parents mentioned that the children are often witness to their verbal conflicts.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES that the security or the development of the child is endangered (

section 38 c), 38 b) 1 ii and 38 e) 1 of the Youth Protection Act ); [ 17 ] ENTRUSTS the child to the care of his parents; [ 18 ] ORDERS that the child receive health and social services that he require; [ 19 ] ORDERS that the child receive psychological support; [ 20 ] ORDERS that the parents ensure that the child is not exposed to any verbal, psychological or physical abuse; [ 21 ] RECOMMENDS that the parents obtain services for their insight to conjugal violence; [ 22 ] RECOMMENDS that the parents follow through with all recommendations from the school to address the child’s academic and behavioral needs; [ 23 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 24 ] THE WHOLE of twelve months; [ 25 ] 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 July 27, 2022 /cd Mtre Hanane Loumi Counsel for the Director of Youth Protection Mtre Josselin Breton Counsel for the child Date of hearing: July 7, 2022