2019 QCCQ 16772, 2019 QCCQ 16772

Protection de la jeunesse — 195365 2019 QCCQ 16772 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 550-41-003462-197 DATE: June 7, 2019 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 ] On March 5 th 2019, the Director of Youth Protection was seized of the child’s situation for : - Sexual abuse; - Neglect in the maternal environment (educational and physical needs); - X confirmed that she was subjected to gestures of a sexual assault nature by her half-brother, more specifically:

a) He showed her his penis;

b) He force her to do a fellatio; - X does not feel safe in the presence of her half-brother and she is having nightmares about the situation; - The mother does not believe the verbalizations of her daughter; [ 2 ] During the hearing, the mother denied neglect in the maternal environment and that she did not believe the verbalizations of X at the beginning. [ 3 ] The evidence demonstrates the contrary and the Court is convinced by the facts given/submitted by the Director. [ 4 ] On various occasions, despite the sexual abuse by the half-brother, the mother left them both together in her house. X is afraid to go back to stay at her mother’s house, saying she fears to see him.

[ 5 ] During the hearing a Report for the Quebec Court, written by [social worker 1] and dated May 24, 2019, is deposited (D-2). [ 6 ] On the 12 th of March 2019, the social worker contacted the mother regarding the abuse on X. [ 7 ] Immediately, the mother told her that the allegations are surely untrue, that it is a scenario put into her daughter’s mind by her father to cause her trouble. [ 8 ] When [social worker 1] explained to the mother that her daughter had been interviewed and that the situation was clear and real to them, she continued to say she would not believe X until she has seen a professional. [ 9 ] On the 13 th of March 2019, the father met with [social worker 1]. [ 10 ] The father said that he was aware of that one incident that occurred this summer, but was not aware of the other situation.

He said he was worried for his daughter and wants all the help he can get for her. [ 11 ] He explained that X only sees her brother when she goes to her mother’s place and after the first incident, the mother was supposed to supervise more closely the contacts between Y and X. [ 12 ] Regarding his situation with the mother, the father explained that they had an important conflict over X’s custody. [ 13 ] Since June 2018, the parents have a restriction order to be in the presence of each other. [ 14 ] The mother lost custody of X when she was 10 months old because she had broken her arm.

Since that moment, the mother’s family help him take care of X. [ 15 ] The 18 th of March 2019, Justice Jean-François Gosselin rendered this judgment :

a) That the child be entrusted to their parents alternately according to the modalities established by agreement between the parties; the father will have the child from Thursday night after school until Monday morning; and the mother will take the child on Monday after school at the grandmother’s place until next Monday so that the mother will take the child at the grandmother’s place on Monday night;

b) That the mother do not put the child in contact with her half-brother Y;

c) That a person working for an institution of CISSS A/CJ A provide aid, counselling or assistance to the child and the family; ENTRUST the situation of the child to the Director of Youth Protection for the execution of this decision. [ 16 ] At school, X has some difficulties in her conduct, and also when the mother meets the director of the school, at school, she is often talking against the father and she does that in front of X. [ 17 ] On different occasions, he had to tell her to stop doing this in the best interest of X. [ 18 ] Until the 11 th of March 2019, X missed 37 days of school on a possibility of 109 days. [ 19 ] She has missed school 18 times while staying at her mother’s house and 19 days when staying at her Dad’s place (D-3). [ 20 ] During that same period of time, X was late for school 24 times and mostly while staying at her father’s house (D-3). [ 21 ] This child is 7 years old and she goes at […] School A in Grade 2. [ 22 ] In school she is known for having some difficulties socializing with other students. [ 23 ] Academically, X is in the lower average and has not made much progress this year. [ 24 ] She needs particular attention because she has a cardiac anomaly since birth.

Despite this problem X is a healthy child. [ 25 ] X says she is happy staying with both of her parents.

She expressed being scare sometimes of her mother reactions. [ 26 ] The identified needs for X are : • A safe and stable environment that answers all her needs (physical, psychological, social); • To grow in an environment exempt of any form of violence (sexual, physical, psychological); • She needs her parent to support the other parent’s relationship with her; • She needs to attend school so that she can develop her full potential academically. [ 27 ] Police records show altercations and conflicts between the parents (D-5). [ 28 ] The parents acknowledge that there is a conflict but they both minimize their influence in the situation, accusing each other of being responsible for the entire problem. [ 29 ] Also, during the evaluation, [social worker 1] noted the risk of neglect regarding the mother’s social adaptation problem.

She was able to notice that the mother is in conflict with many people involved with her daughter. She is in conflict not only with the father,

but also with the entire family, biological mother, foster mother, cousins, etc. [ 30 ] These persons are involved and have a positive effect on X’s development, but the mother does not collaborate in the best interest of the child. [ 31 ] The grandmother testified before the Court that X can be entrusted to her for a period of six (6) months. [ 32 ] She will be able to organize correctly the contacts between X and her parents. [ 33 ] The child does not miss school when staying at her grandmother’s. [ 34 ] X, since a few months, is stressed by the conflict between her parents. [ 35 ] The grandmother and her sister often buy clothing for X. [ 36 ] In the past, the grandmother had X at her home mostly 40 % of the time. [ 37 ] The father testified that he called the police as soon as he knew about the sexual abuse on his girl. [ 38 ] The father presently works and can provide food and all other things if he takes his daughter during 3 days. [ 39 ] He is comfortable if the Court decides that X will stay at her mother’s for 4 days. [ 40 ] But the Court supports the opinion of [social worker 1] when she writes in her report : Having a look to all the information gathered during the evaluation we thing that both parents have many things to work on to make sure X development is not compromised.

We also think that X is at a turning point where she could be completely under care of other persons that her parents. At this moment as the father is not the principal care giver for X and because he has different things he needs to work on to get back on his feet, X would benefit to be officially under the care of her maternal grandmother. For the mother, because the fragility of the situation and because she does not collaborate with our services, we do not consider at this moment that X would benefit to stay full time with her mother (considering she is expecting a new baby in the months coming).

The mother will also need to recognize her difficulties, she needs to accept the services and needs to collaborate with the DYP in the next months to proof she has the capacities to care full time for her daughter. [ 41 ] THEREFORE THE COURT : [ 42 ] GRANTS the motion; [ 43 ] DECLARES that the security and the development of the child are compromised for the motives alleged in the said motion according to the dispositions of articles 38 d), 38 b), 30 b iii, 38

c) of the Youth Protection Act ; [ 44 ] ORDERS the following protection measures: (

a) That the child be ENTRUSTED to her maternal grandmother, C for a period of 5 months; (

b) That the contacts between the child and her parents by according to an agreement between the parties; (

c) That the child receive all the services required by her conditionn (therapeutic follow-ups to address the sexual abuse); (

d) That the father receive services required by his situation (Parental skills classes, coparental skills classes); (

e) That the mother receive services required by her situation (parental skills classes, coparental skills classes, therapy to address her social adaptation problems); (

f) That the parents accept to open their door to the Director of Youth Protection workers to assess their home; (

g) That the parents commit themselves to participate and collaborate to the development and implementation of the intervention plan; (

h) That the parents respect the calendar established by the Director of Youth Protection; (

i) That the parents collaborate with transparency, and respond to the Director of Youth Protection rapidly (call phone, correspondence, etc.) as often as needed; (

j) That a person working within the CISSS A provide help, advice and assistance to the child and her family for a period of 12 months; [ 45 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection who shall then see that the measures are carried out; [ 46 ] ORDERS the execution of the present judgment by any peace officer. __________________________________ VALMONT BEAULIEU, J.Q.C.

Mtre. Vanessa Chasle Counsel for the Director of Youth Protection Mtre. Marie-Christine Fournier Counsel for the child Mtre. Manon Guitard Counsel for the mother Mtre. Nancy Nyota Counsel for the father Date of hearing: June 7, 2019