2019 QCCQ 19539, 2019 QCCQ 19539

Protection de la jeunesse — 197973 2019 QCCQ 19539 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-0 34682-187 Date: September 13, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2011 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , an eight year-old child, based on the serious risk of neglect, psychological ill-treatment and serious risk of physical abuse to which he is exposed. [ 2 ] The Court was also presented with similar applications regarding the child’s siblings whose situations are addressed in separate judgments. [ 3 ] The facts alleged in support of the application dated November 6, 2018 are as follows: 3.1. on September 10, 2018, the Honorable Judge Taya Di Pietro declared that the child’s sibling Y’s security and development were deemed endangered due to the child being the victim of bodily injury by the mother and due to psychological ill-treatment as it appears more fully from the proces-verbal; 3.2. the child is seriously and repeatedly subjected to behaviour on the part of Mr.

B and Ms. A, more particularly but not restrictively in that:

a) Mr. B and Ms. A have at times a conflictual relationship;

b) they regularly argue in the child’s presence;

c) at times those arguments escalate into physical violence;

d) on August 23, 2018, an argument between Mr. B and Ms. A (sic) escalated into physical violence and police intervention was needed;

e) following said incident, both Mr. B and Ms. A were arrested;

f) Ms. A has pending charges for assault with a weapon and she has conditions of no contact with Mr. B;

g) Mr. B and Ms. A minimize said incidents of violence and their impact on the children; 3.3. the child runs a serious risk of becoming the victim of bodily injury by Mr. B and Ms. A in that they can behave in an erratic, aggressive and unstable way with each other, even when the children are present;

3.4. there is a serious risk that Mr. B and Ms.

A do not meet the child’s basic needs in that they can behave in an erratic, aggressive and unstable way with each other, even when the children are present (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to his mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Ameur, denied most of the allegations in the application, opposed the measures and requested that the file be closed. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, also denied most of the allegations in the application and opposed the measures. [ 7 ] Me Harvey, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] In

summary, X is the eldest of the parents’ two children. He has an older half-brother who was placed in a group home in May 2018. On November 20, 2018, his security and development were declared to be endangered based on the psychological ill-treatment and physical abuse to which he was exposed.

He remains in placement. [ 9 ] X’s situation was only signalled several months later, in August 2018 when police were called to the family home following an argument between his parents. [ 10 ] The parties objected to the filing of the police report as it was incomplete and the officers were not available for cross examination.

The police report is therefore disregarded. [ 11 ] However, interviews with each of the children in the family confirm that the parents were arguing, there was loud yelling and items were thrown. [ 12 ] More particularly, X’s statements regarding the incident are reported as follows: X was interviewed on Thursday, August 29, 2018 at École A. X corroborated the allegations in the signalement in that an argument ensued between his mother and his father. X was not able to establish a timeline of the events, in that he was not sure when the police were called or when the fight occurred.

X was able to explain that the argument, the day the police arrived, did become violent and that his mother threw a fan at his father’s head, as his father made his way down the stairs. X explained that the fight occurred because supper had not been ready and Mr. B was complaining that there was no food. X added that his mother began to yell at Mr. B and that he and his siblings went to their rooms. X shared it was only when his sister Z was asked to call the police that he saw the fan being thrown. X added that the parents fight often and that items are often thrown during the arguments.

X specified however that this was the only instance where the police had been called. [1] [ 13 ] None of the children interviewed referred to the mother’s injuries but: Ms. A specified that the cut and blackness under her right eye was a result of a punch she had received from Mr. B. [2] [ 14 ] Although the gravity of the incident is undeniable, there is no evidence of any incident of conjugal violence after August 2018.

The couple is divorced, and no longer lives together. [ 15 ] As indicated in the Court Report : There have been no reported instances of conjugal violence and no concerns at the moment between Mr. B and Ms. A, since the event that led to the DYP’s initial involvement at the end of August 2018. [3] [ 16 ] However, discussions with school officials revealed very disturbing information about the child’s behavior.

Ms. [Social Worker 2], the special educator assigned to work with the child at his school, École B, testified at length on February 28, 2019 about her observations and concerns. [ 17 ] She described in detail what she witnessed since working with the child every school day since the end of August 2018. [ 18 ] The child had intense, uncontrollable outbursts, sometimes yelling for thirty minutes, at least once a week, sometimes twice. [ 19 ] When the educator suggested calling the child’s mother to address the situation, the child immediately expressed fear that his mother would beat him with a belt if she was told of his behavior.

He did not, however, state that he had been hit in the past. [ 20 ] The educator added that the child has great difficulty managing his anger and hides under the table when the subject of family is discussed. [ 21 ] He falls asleep in class at least twice a week, his homework is only partially done, his clothing is too small or inadequate and his lunches are insufficient. [ 22 ] He seems to have a very low tolerance to noise and is not receptive to learn.

As reported in the Addendum, he “has language difficulties and he is often frustrated.” [4] [ 23 ] Attempts to communicate with the parents to address the issues have not been successful.

[ 24 ] At the hearing, the mother minimized the concerns, describing her child’s temper tantrums as normal behavior for his age. [ 25 ] Under the circumstances, given the frequency and intensity of the child’s tantrums at school as reported by the credible and trustworthy testimony of his educator, given the fear he spontaneously expressed of his mother’s reaction, given the mother’s minimal collaboration with school authorities to redress the situation, given her tendency to minimize her son’s behavioral difficulties, given the mother’s admission that she has threatened the child in the past, given the child’s language difficulties, and difficulties controlling his anger and frustration as also reported by his educator, and given the mother’s well established inappropriate reactions and use of physical discipline with the child’s half-brother in response to his behavioral challenges, the Tribunal concludes that the evidence clearly establishes, on a balance of probabilities, that the child faces a serious risk of physical abuse, as well as a serious risk of neglect. [ 26 ] Finally concerns were also raised regarding the child’s exposure to conflict and tension in the home as a result of his half- brother’s behavioral problems. [ 27 ] However, the half-brother is in placement and services with which the mother is collaborating are in place to effectively manage the situation. [ 28 ] In fact, according to the testimony of the educator who was present when the half-brother became violent during a weekend visit in May 2019, the mother responded appropriately by removing the other children from the situation and having them call for help.

THEREFORE, THE COURT: [ 29 ] GRANTS the application in part; [ 30 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 b) 2) and 38 e) 2) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 31 ] ORDERS that the child be entrusted to his mother; [ 32 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by agreement between the parties; [ 33 ] ORDERS that his parents ensure that the child is not exposed to any form of verbal or physical violence; [ 34 ] ORDERS that the child benefit from services to address his language difficulties and emotional issues; [ 35 ] RECOMMENDS that the parents benefit from services to better manage the child’s behavior; [ 36 ] AUTHORIZES the Director of Youth Protection to obtain information from service providers working with the family regarding attendance and progress in therapeutic programs, as well as the child’s progress at school; [ 37 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and her family; [ 38 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 39 ] THE WHOLE for a period of one year.

Signed on September 13, 2019 TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the child

Me Younes Ameur Attorney for the mother Hearing dates: February 28 and July 16, 2019. TD/vl