2022 QCCQ 13878, 2022 QCCQ 13878

Protection de la jeunesse — 224769 2022 QCCQ 13878 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-040124-224 DATE: July 27, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2014 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 serious risk of 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 ] After having heard the evidence, the child’s attorney also agreed with the Director’s recommendations.

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 ] The child presents with difficulties walking and with mutism. The mother mentioned that for the last two years, the child would not want to walk if she was not comfortable or did not want to do something. In school, the child refused to speak for long periods.

Since March 2022, her functioning in school declined to the point where she has difficulty standing or walking autonomously as well as other psychological challenges, such as mutism. At times, she is unable to sit in a chair, would slump down and fall to the ground. Despite having been made aware of this situation, the parents have not sought treatment for the child.

At home, it is reported that the child is talkative and active. [ 8 ] During his testimony, the father mentioned being surprised and concerned by what was reported from school. [ 9 ] At the hearing, both parents expressed their consent for the child to be assessed by a psychologist.

[ 10 ] The parents recognized that the child had been witness to situations of conjugal violence.

In that context, the Tribunal will recognize a situation of psychological ill-treatment. [ 11 ] As inappropriate means of discipline was used by the mother on the child’s two older siblings, the Director also suggests that a situation of serious risk of physical abuse automatically exists for the child. [ 12 ] The Tribunal is unable to arrive at this conclusion as preponderant evidence has not been presented for the situation of this specific child. [ 13 ] Prior to the Director’s intervention, the child had not seen a doctor since 2019.

At that time, she received a treatment for bedbugs. [ 14 ] Since May 2022, an educator has been assigned to the file to support the family. [ 15 ] The parents took steps for the child to be seen by a dentist. The mother took steps to access medical services for the child. [ 16 ] 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, her brother and her sister 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: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security or the development of the child is endangered (

section 38

c) and 38 b) 1 ii of the Youth Protection Act ); [ 19 ] ENTRUSTS the child to the care of her parents; [ 20 ] ORDERS that all child receive health and social services that they require; [ 21 ] ORDERS that the child receive a psychological assessment; [ 22 ] ORDERS that the parents ensure that the child is not exposed to any verbal, psychological or physical abuse; [ 23 ] RECOMMENDS that the parents obtain services for their insight to conjugal violence; [ 24 ] RECOMMENDS that the parents follow through with all recommendations from the school to address the child’s academic and behavioral needs; [ 25 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 26 ] THE WHOLE of twelve months; [ 27 ] 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 Delphine Robert Counsel for the child Date of hearing: July 7, 2022