2017 QCCQ 18049, 2017 QCCQ 18049

Protection de la jeunesse — 178528 2017 QCCQ 18049 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-032565-178 DATE : September 26, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2000 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to declare that the security or development of the adolescent is endangered as a result of sexual abuse by her stepfather as well as serious behavioural disturbances. [ 2 ] The Director alleges that the adolescent was subjected to various incidents of sexual abuse by her stepfather between the ages of 11 and 14 years.

Furthermore, the adolescent has displayed self-harming behaviour along with suicidal ideations. [ 3 ] Although the adolescent has been provisionally entrusted to her father’s care since the Director’s intervention was initiated, the mother has since taken steps to en-sure her daughter’s continued safety.

Consequently, and given the adolescent’s desire to return to her mother’s home, the Director is recommending that she be entrusted to the mother along with therapeutic services and a social follow up for a period of seven months. [ 4 ] The mother admits the majority of the allegations and consents to the measures proposed. [ 5 ] The father admits all of the allegations as stated in the motion. Although he remains concerned with his daughter’s safety, he understands her request and consents to the measures proposed. [ 6 ] The adolescent admits all of the allegations and consents to the measures proposed.

The state of Endangerment [ 7 ] At the time of the Director’s intervention, the adolescent was residing with her mother, her stepfather and her two half-siblings. She would spend weekends with her father. [ 8 ] On May 3, 2017, the Director retained a signalement pertaining to a situation of sexual abuse. Consequently, the multi-sectoral agreement protocol was triggered, leading to a police statement by the young girl on the same day. [ 9 ] Essentially, the adolescent described incidents whereby her stepfather would insist that she take a nap with him.

On two occasions, he proceeded to rub against her in a sexual manner and kissed her. The napping occurred between the ages of 11 and 14 years. The adolescent situates the sexual touching incidents as having occurred when she was in Grade 5. [ 10 ] In addition to the sexual touching, the stepfather left his cell phone on video record in the adolescent’s bedroom while she was

in the shower. It was positioned in such a manner as to film her return to her room. This occurred on two occasions and both times, the adolescent noticed the phone and erased the recordings. These incidents took place approximately two years after the start of the naps. [ 11 ] Simultaneously, the adolescent developed self-harming behaviour and suicidal ideations.

These behaviours increased when she was anxious or emotionally volatile. [ 12 ] Although the adolescent didn’t reveal the touching incidents to either of her parents prior to the Director’s intervention, she did approach her mother about the cell phone recordings. At that time, the mother confronted the stepfather who insisted that he had done so for the purpose of monitoring her self-harming behaviour.

This explanation was accepted by the mother without further enquiry despite the inappropriate nature of the gestures. [ 13 ] Upon learning of her daughter’s disclosure, the mother immediately expressed believing her. Nevertheless, she admitted requiring time to figure out how to handle the situation considering that the stepfather is also the father of her two other children. [ 14 ] The stepfather was met in the course of the Director’s investigation. He denied taking naps with the adolescent but admitted to the video recordings.

Although his explanation wasn’t clear, he expressed frustration regarding his wife not meeting his needs. [ 15 ] Considering the evidence as a whole, including the admissions by the parties, the Court concludes that the adolescent’s security and development are endangered for the reasons invoked by the Director. The Measures [ 16 ] Since the disclosure, the adolescent has been dealing with feelings of guilt as a result of the impact of this situation on the family.

Consequently, her symptoms of anxiety and depression have intensified. [ 17 ] Moreover, since the provisional measures, the adolescent has been residing exclusively with her father. This situation has proven to be a difficult adjustment for both of them. In the past, the father has rarely been required to exercise parental authority over his daughter, leaving that role to the mother. Consequently, his attempts to provide structure and to impose limits have been met with a certain amount of resistance. [ 18 ] Meanwhile, the mother has taken steps to ensure her daughter’s safety.

She is no longer in a relationship with the stepfather although some contact is unavoidable bearing in mind that they have children together. Currently, the mother states that she has no news from him nor does she know where he lives. [ 19 ] The mother has also made arrangements to move, considering that she had been residing in the same building as certain members of the stepfather’s family. It should be noted however that she maintains a positive relationship with them. [ 20 ] The mother has cooperated fully since the Director’s involvement and all parties consider that the adolescent can return to her care.

The objective of the social follow-up over the next seven months is to ensure that the adolescent is protected and that she receives the therapeutic services that she requires. [ 21 ] The Court agrees that these measures respect her needs and her best interest. [ 22 ] FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the motion; [ 24 ] DECLARES that the security and development of the adolescent are endangered as a result of sexual abuse as well as serious behavioral disturbances; [ 25 ] ORDERS that the adolescent be entrusted to the care of her mother; [ 26 ] ORDERS that the parents ensure the adolescent’s safety and respect the conditions imposed by the treating professionals; [ 27 ] ORDERS the prohibition of contact between the adolescent and C and ORDERS the Director to serve Mr C with this conclusion; [ 28 ] ORDERS that the parents ensure that there is no contact between the adolescent and Mr C; [ 29 ] ORDERS that the parents ensure that the adolescent receive therapeutic services for victims of sexual abuse; [ 30 ] AUTHORIZES the Director to receive and exchange relevant information with treating professionals working with the family; [ 31 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 32 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 33 ] THE WHOLE for a period of 7 months.

SIGNED IN TOWN A On October 12, 2017 __________________________________ KAREN OHAYON, J.C.Q. Me Myriam De Blois Attorney for the D.Y.P. Me Laurence Marceau Attorney for the adolescent Date of hearing: September 26, 2017