2012 QCCQ 17902, 2012 QCCQ 17902

Protection de la jeunesse — 127344 2012 QCCQ 17902 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC District of [...] Youth Court Division N°: 525-41-026205-120 / 525-41-026206-128 525-41-026208-124 / 525-41-026207-126 Date: October 30, 2012 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2001 In the case of: Y Born on […], 2002 In the case of: Z Born on […], 2007 In the case of: A Born on […], 2009 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- B , the mother -and- C , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JD2620 JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 30, 2012, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X, Y, Z and A , who are twelve, nine, five and three years-old. [ 3 ] The facts alleged in support of the motion are as follows: For X:

3.1. the child is the victim of bodily injury and unreasonable methods of upbringing by her parents, and the child's parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child reported that she and her sibling are physically disciplined a few times per week, by both parents;

b) the child reported that her sister Y is the one that gets hit the most and more often by the mother;

c) the child also reported her brother A was hit on the back, the thighs and legs. As for her brother Z, the child reported that the father is the one that spanks him the most;

d) the child stated the parents use their hands, the belt and various objects in order to discipline her and her siblings;

e) on August 7 th , 2012, the child's sister, Y, had a red mark on her face;

f) the child and her sister Y, had bruising scars, and they have stated having been beaten to the point of bleeding;

g) the child reported that he and his siblings could be hit for anything, like getting up late in the morning, not doing home chores, etc. 3.2. the parents did not deny the allegations of the child and sister; 3.3. the parents expressed that they were educated in this way and that it is a cultural thing (reproduced with errors and/or omissions). For Y: 3.1. the child is the victim of bodily injury and unreasonable methods of upbringing by her parents, and the child's parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child reported that her and her sibling are physically disciplined a few times per week, by both parents;

b) the child also reported her brother A was it on the back, the thighs and legs. As for her brother Z, the child reported that the father is the one that spanks him the most;

c) the child stated the parents use their hands, the belt and various objects in order to discipline her and her siblings;

d) on August 7 th , 2012, the child was seen to have a red mark on her face;

e) the child is reported to be the one that is spanked the most;

f) the child has expressed that sometimes when she had a bad day at school or that she did not behave, she was afraid of coming home as she would be hit with the belt and would have to face the wall;

g) the child and her sister X, had bruising scars, and they have stated having been beaten to the point of bleeding;

h) the child reported that herself and her siblings could be hit for anything, like getting up late in the morning, not doing home chores, etc. 3.2. the parents did not deny the allegations of the child and sister; 3.3. the parents expressed that they were educated in this way and that it is a cultural thing (reproduced with errors and/or omissions). For Z and A: 3.1. the child is the victim of bodily injury and unreasonable methods of upbringing by her parents, and the child's parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child's two (2) elder siblings reported that all four (4) children are physically disciplined a few times per week, by both parents;

b) it was reported by the child's two (2) elder siblings, that the child is most hit by the father;

c) the child's two (2) older siblings stated the parents use their hands, the belt and various objects in order to discipline him and his siblings;

d) the child reported that he and his siblings could be hit for anything, like getting up late in the morning, not doing home chores, etc.; 3.2. the parents did not deny the allegations of the child and sister; 3.3. the parents expressed that they were educated in this way and that it is a cultural thing (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, and considering positive developments in the situation since the motions were filed, the Director recommends that the children remain entrusted to their parents with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] Both parents were assisted by Me Pelletier.

They admitted most of the facts alleged in support of the motion and expressed their consent to all the proposed measures.

[ 6 ] X and Y, who were assisted by Me Marceau, admitted the majority of the facts alleged and also consented to the proposed measures. [ 7 ] Me Marceau, who represented the younger children Z and A, made no admissions on their behalf but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed exhibits D-1 to D-2 as evidence: D-1: Court report signed by [social worker 1], on October 11 th , 2012; D-2: Birth certificates of the children. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] Although the father testified that he felt many incidents had been exaggerated or misrepresented in the Court report, he acknowledged using wholly inappropriate methods to discipline his children and recognized the need to learn new ways of dealing with the children and the various stressors in the couple's life, including tension in their own relationship. [ 11 ] At the end of August 2012, the children reported that they had not been physically disciplined since the Director of Youth Protection became involved with the family. [ 12 ] Moreover, the family has been accepted to participate in the A Program. [ 13 ] As summarized in the Court Report: The parents admit that their methods of discipline were abusive.

They also agree that they need assistance in correcting the situation and have displayed an open and willing attitude. In addition, the parents have not used physical discipline since DYP's involvement; thus challenging themselves to use alternative disciplinary measures in rearing their children. However, the issues that caused the parents to use abusive disciplinary measures, such as, their own childhood rearing, financial stressors, and discord between themselves, need to be adequately addressed.

Due to the fact that resolving these issues will take some time and taking into consideration the young ages of the children as well as the severity of the physical abuse, it is imperative that the DYP remain involved with the family until these issues are effectively addressed. [1] [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the children's interest. [ 15 ] THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and the development of the children, X, Y, Z and A , are compromised under

section 38 e) 1) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILDREN'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ORDERS that the children remain entrusted to their parents; [ 19 ] ORDERS that the parents refrain from denigrating each other in the presence of the children; [ 20 ] TAKES JUDICIAL NOTICE of the parents' undertaking to actively participate in and complete the A Program; [ 21 ] TAKES JUDICIAL NOTICE that the program has already begun and, consequently, ORDERS that it be completed; [ 22 ] TAKES JUDICIAL NOTICE that the mother has already begun B program and that the father is intending to do so shortly and, consequently, ORDERS that they follow through with their undertakings and complete the program; [ 23 ] TAKES JUDICIAL NOTICE of the interest expressed by the parents to benefit from family counselling and, consequently, ORDERS that they do, so as soon as possible; [ 24 ] STRONGLY RECOMMENDS that the children benefit from therapeutic services, if necessary, over the course of the coming year; [ 25 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the children and their family; [ 26 ] ENTRUSTS the situation of the children, X, Y, Z and A , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik / AN2652 Attorney for the Director of Youth Protection Me Laurence Marceau / AM0D67 Attorney for the children Me François Pelletier / AP1017 Attorney for the parents TD/vl