2019 QCCQ 14900, 2019 QCCQ 14900

Protection de la jeunesse — 1911245 2019 QCCQ 14900 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 640-41-002403-191 DATE : December 18, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] & [SOCIAL WORKER 2] , Youth Protection Workers, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and X, born on [...], 2009 Child and A Mother and B Father _____________________________________________________________________ JUDGMENT (Section 38 of the Y.P.A.) ______________________________________________________________________ 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 (the Director) submitted an application to the Court to have the security or the development of the child declared to be endangered because it was alleged that the sibling of the child was sexually abused by a third party, Mr. C. [ 2 ] The Director alleged a long series of facts.

This judgement refers to those facts. [ 3 ] The Director recommends that the child remain with his parents and that the Court order several assistance measures, including a follow-up by Social Services until December 21, 2020. [ 4 ] The mother and father admit most of the facts alleged in the motion and they both express their agreement with the recommendations. [ 5 ] On behalf of the child, her lawyer expresses that she agrees with all the recommendations. [ 6 ] The evidence reveals that on January 28, 2017, it was alleged that the sibling of the child was sexually abused by a third party, Mr. C.

A non-suggestive interview was submitted to the crown on January 31, 2017, and the file is still under review for a criminal conviction. [ 7 ] On May 23, 2018, a report was received under

section 38 d) 2) for serious risk of sexual abuse by a third party. It was indicated that the alleged abuser, Mr. C, was residing in the family home. [ 8 ] On June 8, 2018, it was confirmed that Mr. C would no longer be living with the family. [ 9 ] Despite Mr.

C no longer sleeping at the house, on June 13, 2018, the mother stated that he provides great financial support to the family and that he comes to the house on occasion, but he is not left alone with the children. [ 10 ] The mother has repeatedly questioned the child on whether or not he is lying about the event instead of supporting him. [ 11 ] On July 2, 2018 and April 2, 2019, the parents signed voluntary measures and the child remained with his parents. [ 12 ] The parents did not seek help with Social Services regarding their parental capabilities.

[ 13 ] The parents are unable to provide a structured environment to the child. [ 14 ] The parents don’t seem to understand the seriousness of the situation even though they are open to collaborate with the Director. [ 15 ] This collaboration is irregular. [ 16 ] The parents displayed questionable actions and choices of judgement related to allowing Mr. C into the family home and having him live with them following the alleged event of sexual abuse. It took many meetings and efforts from the Director to explain, emphasize, and ensure that the parents were not exposing their children to Mr.

C. [ 17 ] The majority of reasons given to the Director behind this was that Mr.

C assisted the family financially during a period where both parents were out of work and that he helped them around the house. [ 18 ] After two years of services under voluntary measures, the family situation and the understanding of the parents towards the whole situation have not improved sufficiently, and the presence of the Director is absolutely necessary in the present situation. [ 19 ] The child displays behaviours that the parents do not know how to manage due to the fact that the mother and father are passive in regards to responding to her needs.

The child is often left to her own devices. [ 20 ] The evidence reveals that all the facts alleged in the motion have been proven and that the recommendations are in the best interest of the child given her age and her interest in staying with her parents, with the collaboration of the parents and support from the Director.

THERFORE, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the child are in danger; [ 23 ] ORDERS that X remain with her parents; [ 24 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or their child’s regard to put an end to the situation in which the security and development of the child are in danger; [ 25 ] ORDERS that the children and their parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 26 ] ORDERS that the children and their parents report in person, at regular intervals, to the Director to inform her of their current situation; [ 27 ] ORDERS that the children not come into contact with certain people designated by the Tribunal, namely Mr.

C; [ 28 ] ORDERS that the children and their family receive the services of an external educator for the period deemed necessary by the professionals; [ 29 ] ORDERS that the parents seek help through Social Services concerning their personal issues; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their family; [ 31 ] THE WHOLE until December 31, 2020. Signed in_________, on January ___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Counsel for the applicant Mtre. Laurence Migué Counsel for the child

Mtre. Angèle Tommasel Counsel for the parents Date of hearing: December 18, 2019