2018 QCCQ 19020, 2018 QCCQ 19020

Protection de la jeunesse — 1810230 2018 QCCQ 19020 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000377-186 DATE: April 17, 2019 (December 21, 2018) ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2007 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ RECTIFIED JUDGMENT (sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 ] The Director of Youth Protection A (the Director) submits the Court with a motion asking that the security and development of X, 11 years old, be declared endangered because of the psychological ill-treatment, the physical abuse of his parents and his serious behavioural problems (sections 38 c), e) 1 o and

f) of the Youth Protection Act ). [ 2 ] At the hearing, the parents are present and assisted by Me Michel Grenier for the mother and Me Marie-Ève Bartkowiak for the father.

Me Adelia Ferreira acts for the applicant and Me Yan Massé for the child. [ 3 ] The parties admit that the security and development of the child are endangered for the motives alledged. [ 4 ] It is proved beyond balance of probabilities the following facts: − X has been exhibiting some difficult behaviours at home for some time; − He becomes easily aggressive and throw things and punch the walls; − The child does not respect the parent’s authority; − On October 6, 2018, the child’s behaviour escalated and the child had to be removed from the house on immediate protective measures; − The mother has a drinking problem.

She abuses alcohol when the father is away from home, working; − The parents are overwhelmed by the child’s behaviours and requested placement. [ 5 ] At school, the child needs a closed supervision. He has been very aggressive to a point where the adults need to ask for assistance. The child reveals that his father hit him. The child feels lot of aggressivity towards his father. [ 6 ] The child needs to express his feelings.

He never talks about his frustration about his parents. [ 7 ] Considering the evidence, the Court declares his security and development in danger for the motives alleged. [ 8 ] Proceeding to the applicable measures inquiry, the Court takes knowledge of the evaluation and orientation report and the recommendations the Director recommends the child’s placement in a foster family for six months with specific follow-ups.

[ 9 ] X, being the oldest child of the family, had witnessed many traumatic events during his childhood. The parents have many unresolved issues. The mother is abusing alcohol for many years. The child often saw her drink and he is scared of her when she is under the influence of alcohol. The mother used a derogatory language with the child.

He witnessed a lot of fighting, pushing, hitting and screaming between his parents. [ 10 ] He and his siblings witnessed an event when the mother tried to hang herself and another one when the mother almost stabbed the father in his back. [ 11 ] X also had to intervene sometimes and to protect his mother. [ 12 ] He met the psychologist last November but didn’t talk a lot. He admitted that his father hit him. The psychologist recommended that the child be in an immediate highly structured living environment with ongoing counselling.

The child is in distress. [ 13 ] Considering the young age of X, the Director recommends his placement in a structured foster home with warm foster parents who can provide him a good routine, a safe and secure environment. Services of a psycho-educator will be provided to him at school. [ 14 ] The Director will also provide the child a regular and intensive follow-up with the psychologist. [ 15 ] All the measures recommended are appropriate.

The parents acknowledge that they have to work on their issues intensively without any delay. [ 16 ] Psychological assessments of X and his mother would be very useful for the Director to offer them the specific services they need. The mother agrees with such evaluation.

The father also needs to attend treatment for anger management. [ 17 ] Considering the evidence and the parties agreement; FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of X, born on [...], 2007, are endangered; [ 20 ] ORDERS the placement of X in a foster family for a period of six months; [ 21 ] ORDERS that the child be evaluated by a psychologist in a short delay and has an intensive and regular follow-up for one year; [ 22 ] ORDERS that the mother be evaluated by a psychologist and if required to have a regular follow-up; [ 23 ] ORDERS the Director to supervise the contacts between the child and his parents as for the modalities, location, duration and frequency; [ 24 ] ORDERS the father to meet with social services for his personal issues, including anger management; [ 25 ] ORDERS the mother to attend treatment for her alcohol issues; [ 26 ] ORDERS the parents to authorize their service providers to share information with the Director; [ 27 ] ORDERS the father not to let any adult under the influence of alcohol in presence of the child and ensure that the child is not expose to any form of violence ; [ 28 ] ORDERS that aid, counsel and assistance be provided to the child and his parents for one year; [ 29 ] ORDERS the parents to report themselves to the Director twice a month; [ 30 ] ORDERS the police to collaboration to the execution of this judgment; [ 31 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Michel Grenier

Attorney for the mother Me Marie-Ève Bartkowiak Attorney for the father Date of hearing: December 11, 2018