2012 QCCQ 18373, 2012 QCCQ 18373

Protection de la jeunesse — 127672 2012 QCCQ 18373 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004281-120 760-41-004280-122 DATE: August 20, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Y Born: […], 2012 Children DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the children ______________________________________________________________________ JUDGMENT

______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents Motions for protection concerning the twin siblings X and Y, born on […], 2012. The motions allege that the security and the development of the children are in danger in reason of physical abuse. [ 2 ] Among other measures of aid and support, the Director primarily suggests that the children remain with their mother, and that the contacts with their father be under supervision.

The reports on the analysis of the children's social situation as well as medical evaluations are produced as evidence. [ 3 ] The Court proceeds in the absence of the father, as the evidence is to the effect that he is aware of the Court date. The admissions of the parties are noted in the Court record and they indicate their assent as to the measures proposed. [ 4 ] Context [ 5 ] At the date of the initial evaluation by the Director of Youth Protection, the children reside with their parents. [ 6 ] On July 27, 2012, during an outing, the mother leaves the children in the care of their father.

Upon her return, the children are crying and in distress. For the next two days, the children continually cry, are irritable and reduce their ingestion of milk. On July 29 th , 2012, the mother's seeks an urgent appointment with the pediatrician. [ 7 ] Upon initial examination, Y is found to have a sub-conjunctival hemorrhage on her right eye. X has bruises on her forehead, the corner of her left eye and the inside of her left knee.

The mother has no explanations for the injuries and calls the father, who also affirms not being aware of any circumstances, which could justify the situation. [ 8 ] The pediatrician refers the mother to A Hospital, where further examinations reveal fractures as to two of Y's ribs on the right side, and X's left wrist. [ 9 ] To the hospital authorities, the father affirms falling asleep while giving X a nighttime feeding and subsequently grabbing her simultaneously by the head and leg to avoid her hitting the ground.

This incident occurs a few weeks prior. [ 10 ] The father is defensive and distrustful of the medical authorities. The mother indicates that although the father has an anger problem, she hasn't observed any aggressive behaviours towards their children. He is sometimes clumsy and rough with the children. [ 11 ] No medical reasons are found to justify these injuries. The medical authorities conclude that Y's injuries are highly suggestive of physical abuse.

The observed irritability and excessive crying can be attributed to the pain resulting from the fractures. [ 12 ] As to X, her fractured wrist is inconsistent with an incomplete fall, as a more significant force is required for such an injury. The injury is highly specific to physical abuse.

The bruising could not be self-inflicted, although the mechanism of this injury is not ascertained. [ 13 ] Upon their discharge from the hospital, the children are placed in foster care on an emergency basis. [ 14 ] The father eventually admits his implication in the infliction of the injuries on his children, but his versions vacillate and remain inconsistent. [ 15 ] At the Court hearing of July 5 th , the father tells the case worker that he wants to reveal the circumstances of the children's injuries.

He states that on June 27 th , he pushes the children off the bed in his sleep and when he awakes, they are on the floor crying. Fearing being accused of intentionally harming his children, he doesn't tell the mother nor seek medical attention. [ 16 ] On July 6 th , during police questioning, the father repeats the incidents of X's near fall and the push from bed. He admits that he play fights with the children and throws them in the air. The father presently faces charges of bodily harm and criminal negligence.

The criminal court division orders a prohibition of contact between the father and the children. [ 17 ] The parents separate and the children return to their mother's care. The mother is ambivalent as to her continued relationship with the father. Although she fully cooperates with the intervention and demonstrates her ability to focus on her children's needs, her position as to the danger posed by the father is unclear. [ 18 ] Analysis The Youth Protection Act defines physical abuse as follows: 38 (e) “ physical abuse ” refers to

(1) a situation in which the child is the victim of bodily injury or is subjected to unreasonable methods of upbringing by his parents or another person, and the child's parents fail to take the necessary steps to put an end to the situation; or (2) a situation in which the child runs a serious risk of becoming the victim of bodily injury or being subjected to unreasonable methods of upbringing by his parents or another person, and the child's parents fail to take the necessary steps to put an end to the situation; [ 19 ] The evidence demonstrates that the injuries are sustained by the children while in their father's care.

Particularly, the Court retains the father's admissions to this effect. [ 20 ] Although the father alleges the purely accidental nature of the children's injuries, his numerous versions as to their sources, his failure to advise the mother of potential harm to the children by his actions, or of taking steps to alleviate their suffering, contradict this affirmation. [ 21 ] The medical evaluations sustain the conclusion of an incident of physical abuse on June 27 th 2012, which corresponds to the children's period of distress. [ 22 ] The father 's parental capacities are deficient.

His interactions with his children (throwing in the air, brusque movements) establish a lack of comprehension as to their vulnerability. The evidence demonstrates a continued serious risk of abuse in relation to the father's impulsivity, lack of parental skills, disregard of his daughters extreme vulnerability and negligent behaviours. [ 23 ] As to the mother, the facts exculpate her involvement in the physical abuse.

Notwithstanding, her ambivalent position as to the father is a further factor which justifies the declaration of compromission. [ 24 ] The aim of the intervention is to maintain the children with their mother and aid the father address the issues leading to the physical abuse. More particularly, his parental skills require improvement. Concurrently, his anger potential and impulsivity require evaluation and services. [ 25 ] During this process and the intervention, the children must remain exempt from any potential of abuse.

For all these reasons, the Court orders the supervision of the father's contacts. [ 26 ] The Court determines that the security and the development of the children are in danger in reason of physical abuse and that the recommendations forwarded by the Director of Youth Protection are appropriate and in their best interests. [ 27 ] FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the motion; [ 29 ] DECLARES that the security and development of the children are in danger; [ 30 ] ENTRUSTS the children to their mother; [ 31 ] AUTHORIZES the contacts between the children and their father upon mutual agreement between the parties and in the presence of a third party designated by the Director of Youth Protection; [ 32 ] ORDERS that the parents report to the Director as to their situation; [ 33 ] ORDERS that the parents undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the children is in danger; [ 34 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the children and their parents for a period of 9 months; [ 35 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the centre jeunesse A for the execution of the measures; [ 36 ] ORDERS that a copy of the present judgment be served to the father. __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Caterine Caron Attorney for the Petitioner Me Cynthia Beaumier Attorney for the mother Me Karine P. Poissant Attorney for the children Date of hearing: August 20, 2012