2022 QCCQ 8891, 2022 QCCQ 8891

Protection de la jeunesse — 22805 2022 QCCQ 8891 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 450-41-007902-217 DATE: January 19, 2022 ______________________________________________________________________ BY THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ X Born on [...], 2008 Child -and- [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the CIUSSS A, working at [...], Applicant -and- A -and- B Parents ______________________________________________________________________ JUDGMENT (Motion for protection,

section 38 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 (DYP) submits to the Court a Motion for protection of X for reasons of serious risk of sexual abuse by her father and half-brother Y. [ 2 ] To address the child’s needs, the DYP recommends that X be entrusted to a foster family until January 7, 2023. The DYP also recommends authorizing contact between X and her mother upon agreement. For the father, the DYP recommends that the contacts be supervised.

As for contacts with the paternal grandmother, the DYP agrees that X maintain contact, but excluding the presence of Mr. C. [ 3 ] The father wants to take the next months to address his mental health that has deteriorated since he was accused of juvenile pornography in May 2021. The father now lives in Town A and has started working. He understands that X must be protected while he is taking care of his health. [ 4 ] The mother’s attorney and her client agree with the grounds allowing the intervention of the DYP.

However, she disagrees that hearsay from the different professionals and persons contacted in [Province A] form part of the evidence. Notwithstanding the objection, since Y has admitted committing sexual abuse on his younger brother Z and having important issues regarding his sexuality, she understands that X is at serious risk of being sexually abused by Y.

[ 5 ] As for X, her attorney indicates that she is doing very well since she is in a foster home. She likes the family she is living with. She enjoys going to school. Her only regret is not being able to see Ms. D, the father’s ex-partner. The father indicates that he understands X is attached to Ms. D and he doesn’t want to interfere with their relationship if this is positive for his daughter. However, he does not want Mr. C to be present when X visits Ms.

D. [ 6 ] The Court is also of the view that the intervention of the DYP is necessary for the reasons exposed and that the measures recommended meet the child’s needs and her best interests. Reasons for DYP’s intervention [ 7 ] X (13 years old) is the only biological child of the parents. [ 8 ] In early childhood, X lived with her mother and her half-siblings. When X turned 8 years old, the DYP had to intervene because X suffered physical abuse and neglect. At the time, the mother did not agree that X be entrusted to her father because he intended to move to [Province A].

The Court concluded that X had a father and that no reason prevented the Court from trusting him. X was entrusted to her father. [ 9 ] In 2019, the DYP closed the file as the situation was stable. [ 10 ] In 2021, the DYP received a new report alleging that X was at serious risk of sexual abuse by her father and subsequently received another report alleging that she was at serious risk of sexual abuse by her half-brother Y. [ 11 ] The father has been charged with possession of juvenile pornography.

The father denies the facts but some evidence found on his computer reveals the presence of pornographic pictures and videos of girls the same age as X. [ 12 ] The father also has a history of having been sexually abused by his family as early as age 7.

At the age of 13, he was subjected to his mother’s violence and was entrusted to a foster family where he stayed until the age of 17. [ 13 ] As an adult, the father had to deal with the consequences of this early childhood, physical and sexual abuse. [ 14 ] These historical factors in the father’s life combined with the charges involving juvenile pornography convince the Court that X is at serious risk of sexual abuse in the presence of her father. [ 15 ] The half-brother, Y, also has major issues with sexuality. [ 16 ] At first, the mother didn’t believe the father when he said that Y had serious issues with sexuality.

However, when Y made certain admissions, the mother recognized that X was at serious risk of sexual abuse and that she should never be left alone with him. [ 17 ] While the mother has reservations about the hearsay evidence in the social report revealing Y’s major problems while he was living with his family in [Province A], this hearsay evidence is corroborated by recent admissions made by Y himself. [ 18 ] Y has a dependency on pornography. Y also recognized committing sexual abuse on his younger brother, Z. Y masturbates frequently, even at school.

He performed oral sex on a dog. [ 19 ] Y is now 18 years old and is living with his mother after his recent arrival from [Province A]. [ 20 ] Considering all these facts, the Court concludes that X is at serious risk of sexual abuse by Y. [ 21 ] As for the grounds of serious risk of neglect, since his arrest by the police, the father’s mental health has deteriorated. The father presented suicidal thoughts and has become unstable. X has been very worried about her father who was hospitalized in October.

The father needs a stabilized state if he wants to play an increased role in his daughter’s life. [ 22 ] The Court concludes that the father’s fragile state of mind constitutes a serious risk of neglect for X.

Applicable measures [ 23 ] X was first entrusted to her grandmother, but their relationship deteriorated and in December 2021, X was entrusted to a foster family where she still lives. [ 24 ] X is doing well in her foster family. [ 25 ] The parents seem to understand the importance of keeping X in an environment where she can develop safely while they work on their personal issues. [ 26 ] As for the contacts with the various adults surrounding X, there is no problem for X to meet with her mother, her grandmother or even Ms. D if she is not exposed to any potential abuser.

These adults can make a positive contribution to X, so the Court will allow the contacts. FOR THESE REASONS, THE COURT: GRANTS the present application for protection; DECLARES that the security and development of the child X are in danger by serious risk of sexual abuse from the father and Mr. Y and by serious risk of neglect due to the father’s mental health;

ORDERS that the child be entrusted to a foster family; AUTHORIZES , in the child’s favour and upon her request, contacts with her mother, excluding the presence of Mr. Y, upon agreement and according to the modalities set with the Director of Youth Protection; AUTHORIZES , in the child’s favour, supervised contacts with her father, upon agreement and according to the modalities set with the Director of Youth Protection; AUTHORIZES , in the child’s favour, contacts with her paternal grandmother, excluding the presence of Mr.

C, upon agreement and according to the modalities set with the Director of Youth Protection; AUTHORIZES occasional contacts at X’s request, during family gatherings, between X and Y, supervised by a third party designated by the Director of Youth Protection and according to the modalities set by the Director of Youth Protection; ORDERS that the child and her parents take an active

part in the application of any of the measures ordered, namely that they collaborate in the elaboration of the intervention plan and the social follow-up; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child X and her parents, until January 7 th , 2023; ENTRUSTS the situation of the youth to the Director of Youth Protection of the CIUSSS A to see that the measures are carried out [1] . __________________________________ Lise Gagnon, J.C.Q. M e Sara De Castro For the Director of Youth Protection M e Geneviève Lafontaine For the child M e Mélissa Leblanc For the mother Date of hearing : January 19, 2022