2020 QCCQ 8800, 2020 QCCQ 8800

Protection de la jeunesse — 206744 2020 QCCQ 8800 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N o : 505-41-010196-204 DATE : November 19, 2020 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2020 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T

Article 38 of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Protection. [ 2 ] The Director alleges that the security and development of the child are in danger because of physical abuse by the father. [ 3 ] Today, the Director recommends that the child be entrusted to his mother for a period of six months and that the contacts with his father be following an agreement between the parties and in the presence of a third party chosen by the Director following three meetings with the social worker. [ 4 ] The mother and the child’s lawyer agree with the recommendations. [ 5 ] The father is absent, but his lawyer is present.

The father reserves his right to present a defense at the Criminal Court. The father denies the physical abuse. CONTEXT [ 6 ] On May 25, 2020, during a police intervention, the mother verbalizes being victim of abuse from the father and reports that the father did not have appropriate behaviours towards the child namely: ➢ the father was giving medication for the child to stop crying; ➢ the father was holding their son’s legs too hard when he was changing diapers so the child was crying; ➢ the father was screaming at the child when he was crying.

[ 7 ] The maternal family confirms to the Director having heard the father yelling at the child, that the father was rough with the child and he was not holding his head appropriately. The great-grandmother said that she saw the father press the soft sport of the child’s head on one occasion. [ 8 ] The CLSC mentions that the father got upset during a meeting because the child peed on him. [ 9 ] The child received the services of the socio-Legal Pediatric Clinic of CHU Ste-Justine. No physical impacts of the abuse were observed by the specialists. [ 10 ] The father is facing criminal charges.

At one point, a restraining order was put in place in regards to the child and the mother. [ 11 ] On August 3, 2020, a police intervention occurred at the mother’s house. The mother was the victim of a home intrusion while she was absent. The mother thought the father entered the house. [ 12 ] From August 5 to August 14, the father was incarcerated. ANALYSIS [ 13 ] The mother, the maternal grandmother and the great-grandmother report that they saw the father inflicting bodily harm to the child of two months old on different occasions. The nature and gravity were serious.

The father was also verbally aggressive towards the child. [ 14 ] The child is very vulnerable due to his age and he is completely dependent on his care giver. [ 15 ] The mother recognizes her limits as a young single mother and accepts the help offered by l’Envol and the CLSC. She is in contact with a lawyer for custody matter. The mother can count on the support of her family. [ 16 ] The mother seems to have been around abusive men all of her life.

She would benefit from involving herself into services for victims of domestic violence to make sure she does not find herself in another abusive relationship. [ 17 ] The father hasn’t seen the child since the end of May 2020. He now agrees to meet with the social worker and

schedule contact with his child. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the present application; [ 19 ] DECLARES that the security and the development of the child are in danger for physical abuse; [ 20 ] ORDERS that the child be entrusted to his mother; [ 21 ] ORDERS that the contacts between the child and his father be supervised by a third party chosen by the Director, following three meetings with the Director and when the restraining order will not be effective anymore; [ 22 ] ORDERS that the parents take an active

part in the application of the measures; [ 23 ] WITHDRAWS the exercise of certain attributes of parental authority from the father and AUTHORIZES the mother to sign alone the authorizations required for daycare and medical purposes; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 26 ] THE WHOLE for a period of six months. __________________________________ Lyne Morin , J.C.Q.

Frédérique-Earls Bélanger Law intern for the Director of Youth Protection Me Hélène Robitaille Attorney for the child Me Louise Poliquin Attorney for the father Date of hearing : Signed judgment : November 19, 2020 November 25, 2020