2022 QCCQ 10525, 2022 QCCQ 10525

Protection de la jeunesse — 226209 2022 QCCQ 10525 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth division »

N o : 455-41-001449-214 DATE : August 5, 2022 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on […], 2008 [SOCIAL WORKER] , person duly authorized by the Director of Youth Protection; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT [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 9.2, 9.3 and 135 Y.P.A.). Introduction [ 1 ] The Director is requesting that the Court declare the security and development of the child X in danger on the grounds of physical abuse, psychological ill-treatment, physical neglect and educational neglect. [ 2 ] As protective measures, the Director recommends that the Tribunal entrust the child to his maternal uncle Mr. C and his spouse Ms.

D, taking judicial notice that they will be assessed as a foster family and following a positive assessment to entrust the child to this foster family. [ 3 ] It is also recommending to authorize the return of the child to his mother, according to the evolution of the situation and taking into account the interest of the child and in the meantime, to authorize supervised contacts with his mother, by a third party designated by the Director, upon agreement and according to the modalities set with the Director, taking into account the interest of the child, the needs and the will of the child, to authorize the possibility of lifting the said supervision according to the evolution of the situation. [ 4 ] The Director also asks that all contacts between the father and the child be prohibited, orders various other measures and a social follow-up for a period of one year. [ 5 ] At the hearing on August 5, 2022, the mother is present and not represented by a lawyer.

She denies the situation of compromission. Nonetheless, she accepts X’s placement with Mr. C and Ms. D. [ 6 ] The father is also present and not represented. He agrees with

the proposed measures. Regarding the interdiction of contact with his child, he respects X’s choice. He mentions that because of the previous situation in 2017 when his spouse was accused of physical abuse on X, the child is no longer welcome in his home. [ 7 ] The child’s lawyer mentions that her client recognizes the situation of compromission and agrees with the conclusions sought. Questions in litigation [ 8 ] Are the security and development of the child X in danger? [ 9 ] In the affirmative, does the recommended measures meet the child’s needs and are they in his best interest?

The situation of compromission [ 10 ] X, 13 years old, lives with his mother and her spouse, M. E. [ 11 ] The child has not had any contact with his father since 2017. [ 12 ] On October 7 th , 2021, the Director accepts a report for various grounds in the mother’s environment. [ 13 ] Following this report, a social worker went to the mother’s place. The following elements were noted:

a) The residence was dirty and cluttered;

b) There was a strong smell of cannabis. Some consumption accessories, cannabis buds and two cannabis plants were also seen;

c) The child was pale and there were circles around his eyes;

d) There was little food in the residence; [ 14 ] On October 7, 2021, an immediate protective measure was applied entrusting the child to his paternal uncle, Mr. C and his spouse, Ms. D. [ 15 ] On October 8, 2021, a provisional agreement was signed entrusting the child to Mr. C and Ms. D. [ 16 ] On October 14, 2021, the child met with the police according to a multisectoral agreement. During this interview, the child revealed the following:

a) The mother can hit him, mainly behind his head, when she is mad or unsatisfied. It can happen one or two times a week;

b) The mother once threw him on the ground and hit him behind the head because he did not want to change his outfit. She then picked him up by the shirt and pressed him against the wall;

c) The mother can say negative comments to him on a regular basis;

d) When the mother is angry, she can break things;

e) He has had red marks from times the mother hit him; [ 17 ] X is able to recall numerous examples of those types of events when he hurt, cried or had marks which he tried to hide with his shirt. [ 18 ] He is able to give numerous details of each situation about the environment where it happened, the context, who was present and how he felt. [ 19 ] X also explains that at the end of September, he and his mother quarrelled and that it was the last straw. [ 20 ] She took his cell phone which he needed for his class schedule, amongst other things.

So he left for his aunt’s place. [ 21 ] A few days later, the mother was arrested, then released. [ 22 ] X has mentioned that he does not feel safe at home, that is why he spends the majority of his time in his room. [ 23 ] The child has also said that he can skip some meals during the week due to a lack of food or money.

He also claims that his mother lacks money because she does not manage hers well and that she plays lottery games, buys alcohol and cigarettes. [ 24 ] The mother can also ask him to lend her money and becomes angry if he refuses. [ 25 ] His great-aunt gives him 25 $ every week to help him eat. [ 26 ] The child is in charge of numerous tasks at home, notably to wake the mother and prepare her things to go to work since she works at night and sleeps during the day. [ 27 ] He also mentions that once she asked him to move the car in the parking which he refused, reminding her his age.

[ 28 ] X complains that his mother is not present for important things for him like when he had an orientation day at school and she would not bring him. [ 29 ] He also recounts an event when his aunt offered him a haircut which he really liked but that when he came home, his mother discredited and had his hair cut very short, which made him feel really uncomfortable. [ 30 ] That warranted the dispute when he wanted to wear a hoodie and his mother refused. [ 31 ] X also informs the delegate that the mother and her spouse often quarrel, hitting each other and throwing things at each other. [ 32 ] He says that his mother’s spouse often yells at him and denigrates him. [ 33 ] X also says that his mother mentions often that his father is absent from his life which causes him grief and sadness. [ 34 ] On this subject, the court is informed that in 2017, X reported that his father’s spouse was physically abusive with him and used unreasonable means of education. [ 35 ] The report was not evaluated as founded by the Director. [ 36 ] Nonetheless, it appears that the father had to pay lawyer’s fees to defend his spouse and that she refused to have X in their home again. [ 37 ] The father sided with his spouse and never tried to have contacts with his son eversince. [ 38 ] During the evaluation, the mother denied everything and did not understand why her son said that he does not feel well or safe at home. [ 39 ] The provisional agreement was prolonged from November 1, 2021 for another period of one month. [ 40 ] On November 30 th , 2021, the court rendered a provisional order maintaining the child with his paternal uncle, authorizing supervised contacts with his mother and forbidding any contact with his father. [ 41 ] At the hearing the mother admits being lazy about grocery shopping but that X has access to her bank card and that he can buy food anytime he likes. [ 42 ] She denies any form of physical abuse. [ 43 ] The mother says her son was unhappy with her since last Spring but that before that it was just X and her since his father threw him out. [ 44 ] She affirms that he lies or exaggerates just to get what he wants and that he is having more fun at his aunt’s. [ 45 ] She claims she misses him and wants him back, while denying many situations he disclaims. [ 46 ] But then she says that she never hit him intentionally and that sometimes it was only joking around. [ 47 ] She admits that X helps her sometimes to prepare for work but that he does it of his own free will and happy to do it. [ 48 ] She also recognizes that she could borrow money from him but that she would reimburse him the day after. [ 49 ] As for the haircut situation, she says she panicked because she saw him prancing in the mirror and caught him with her makeup. [ 50 ] She claims being a good mom and not deserving his accusations.

ANALYSIS [ 51 ] The Court has heard both declarations that were given by X: the one he gave to the police and also the verbalizations he provided with his testimony in court. [ 52 ] After analysing this evidence, in light of the Director’s evaluation and the mother’s testimony, the Court finds X’s declarations credible as they are given with great details.

He also describes the emotions of the people present during the events that he recounts. [ 53 ] His testimony is tempered, he controls his emotions while he testifies and he does not seem like a teenager who does all this just to be living in his aunt’s house, like the mother claims [ 54 ] The Court believes that X has nothing to gain from these verbalizations, especially now knowing the impact on his relationship with his mother who was also arrested.

He had every opportunity to recant which he did not. [ 55 ] The mother testimony confirms some of the events that are reported by X but her perceptions of the events are not the same. [ 56 ] There is a lack of understanding of the scope of the way that she exercises her parental role and how it made X feel in these situations. [ 57 ] The Court finds that the evidence allows to declare compromission on every motives that are invoked.

[ 58 ] For the physical neglect, the fact that the mother leaves a bank card to a young boy is not a way to provide a child with food. It is the parent’s role to make it so that there is food in the house accessible to the child so that he can nourish himself. [ 59 ] The Court also finds that X was parentified in many aspects of his role and which led to education neglect. Since he is living with his aunt, he himself describes that his role has changed, he has to get used to not being the parent figure to his cousins.

The way he describes the change exemplified this aspect. [ 60 ] Also, the mother believes that X wants to do whatever he wants when he wants but this is not what his testimony leads to believe. [ 61 ] He is speaking about rules to respect to be raised properly. He even claims that he needs rules and expectation and that he appreciates it.

This also shows a great maturity in X. [ 62 ] The lack of such proper parental supervision contributes to conclude to educational neglect. [ 63 ] X was also exposed to fights between his mother and her spouse, this pertains to psychological ill-treatment as well as the mother’s denigrating words. [ 64 ] Moreover, X felt denigrated about his looks during the event of the haircut.

This has a major impact on a teenager and even more so when this youth is questioning his own sexual identity or orientation so it’s very important to be careful about that and it was not the case here. [ 65 ] As for the fights that happened between X and his mother they were numerous. During those fights, she could hit him behind the head in the heat of the fight. This pertains to physical abuse. [ 66 ] As for the father, the Court cannot condone his position, cutting his son from his life because of issues between his spouse and his son.

Even if he believed that X would have lied, which does not seem to be the case. This is not a way to resolve family issues and leads to educational neglect as well. [ 67 ] During his testimony, the father left a small opening to reconnect with his son. [ 68 ] Thus the Court will make it so that it is possible to work on the relationship of X and his father because both parents are important to X no matter what. [ 69 ] X needs both of his parents and he suffers from not having them not playing their role adequately.

THE MEASURES [ 70 ] All this being said, there is a lot of work to be done. [ 71 ] The mother will have to open up to the social follow up to better understand the situation but the Director will not be able to work with her if she doesn’t open up to the Director and collaborate to the social follow up. The goal here is to re-establish a good relationship with her son. [ 72 ] As for allowing X to reintegrate his mother’s home, the Court believes it’s too soon to authorize this.

It doesn’t mean that it should not happen in some future but during this year it is important to concentrate on working on the relationship, having positive contacts and work on reconciling X and his mother. [ 73 ] During that time, X will have his needs met at his aunt’s home so he can have a teenager’s life while working on his relationship with his parents.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application for protection; DECLARES that the security and development of the child X are in danger on the grounds of physical abuse, psychological ill- treatment, physical neglect and education neglect; ENTRUSTS the child to his maternal uncle, Mr. C, and his spouse, Ms. D; TAKES JUDICIAL NOTICE that the living environment of Mr. C and Ms.

D will be assessed in conformity with the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements, and amending various legislative provisions; ENTRUSTS the child to the foster family of Mr. C and Ms. D, following a positive assessment; AUTHORIZES , in the child’s favor, supervised contacts with his mother, by a third party designated by the Director of Youth Protection, upon agreement and according to the modalities set with the Director, taking into account the interest, the needs and the will of the child.

In case of disagreement, the contacts will be set by the Director of Youth Protection; AUTHORIZES , in the child’s favor, supervised contacts with his father, by a third party designated by the Director of Youth Protection, upon agreement and according to the modalities set with the Director, taking into account the interest, the needs and the will of the child. In case of disagreement, the contacts will be set by the Director of Youth Protection; AUTHORIZES the possibility of lifting the said supervision according to the evolution of the situation for both parents;

ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security of development of the child is in danger; ORDERS that the child and his parents take an active

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan and to the social follow-up; ORDERS that a person, working for an establishment or body, provide aid, counsel and assistance to the child and his family for a period of one year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Nicolas Bastien Counsel for the DYP M e Claudel Vachon Counsel for the youth Date of written judgment : August 5, 2022 Last Exhibits deposed: D-1 to D-5.