2023 QCCQ 8534, 2023 QCCQ 8534

Protection de la jeunesse — 232728 2023 QCCQ 8534 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000874-224 DATE : JANUARY 11 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X , Born on [...], 2011 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A in Town A, Applicant and A B Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application under

section 38 of the under

section 38 of the Youth Protection Act (YPA) asking the Court to declare that security and development of the child are endangered under

section 38 ( b ) (2) and 38 ( d ) (1) of the YPA. [ 2 ] The Director asks the Court to order that the child be entrusted to a foster family for a period of one year as of today and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for the same period of time. [ 3 ] M e Massé on behalf of the father admits most of the alleged facts. He denies some of them and ignores one. The father agrees

with the recommendations proposed. He is concerned about the mother’s boyfriend. [ 4 ] Concerning the entrustment of his daughter in a foster family, he was in agreement previously to the hearing but M e Massé informs the Court that he wants to respect the wish of her daughter and he wants her to be happy. [ 5 ] M e Malo on behalf of the youth admits most of the alleged facts. She wants to go back and live with her mother, if not possible, as soon as possible. [ 6 ] M e Ayoub on behalf of the mother admits the alleged facts for the reason of compromission under

section 38 ( b ) (2) of the YPA, serious risk of neglect. She denies the facts related to the sexual abuse under

section 38 ( d ) (1) of the YPA. [ 7 ] The litigious question: Did the Applicant proved by balance of probabilities that security and development of the youth are endangered under

section 38 (

d) of the YPA- sexual abuse? [ 8 ]

Section 38 ( d ) (1) of the YPA gives a definition of sexual abuse: A situation in which the child is subjected to gestures of a sexual nature by the child’s parents or another person, with or without physical contact, including any form of sexual exploitation, and the child’s parents fail to take the necessary steps to put an end to the situation. [ 9 ] The evidence reveals the following facts. [ 10 ] The child is 11 years old.

She disclosed the sexual abuse at two different times. [ 11 ] First, on July 21 st to her grandparents and the second time, on July 24 th to her father. [ 12 ] On July 21 st , she told the grandparents that she didn’t want to go back home and at another time, while finishing up supper there was only the paternal grandparents and the youth at the table and she said again: “ I’m not going back to Town A . It’s my stepdad. I don’t like. I wish my mom never met him.

My stepdad showed me his private part three times and he put a $5.00 bill there too. ” She also disclosed to her grandparents that: “ He touched me and I’m not going back .” She also told her mother about the stepfather (Mr.

C) touching her and the mother laughed at her. The child’s aunt was present. X stated the stepfather is rough on the boys too grabbing their arm and wrist hard. X stated that at night that’s: When I am terrified of my stepdad, and I don’t want to go back.

I want to stay here with you guys paternal grandparents and go to school here. ” [ 13 ] On July 24 th , 2021, she told her father that her mother’s boyfriend exposed himself to her after she had asked for money by wrapping money around his penis. [ 14 ] The child told her mother what happened and again the mother just laughed about it. [ 15 ] August 13 th , 2022, [Social Worker 1], youth protection worker, met the youth who disclosed that her stepfather showed her his flower meaning private part.

She also disclosed that this happened between the age of eight and ten. [ 16 ] In October 2022, while the mother was in a shelter the youth went for a visit in Town B with her mom for about three days and when she came back, she was confused about all those facts. [ 17 ] The youth testified at the hearing. [ 18 ] The mother does not believe her daughter since the first time the child made the allegations. The main reason would be the way her daughter talked when she revealed to her the abuse. The mother did not give explanations about what the meant by “ the way her daughter talked ”.

Nevertheless, when the mother testified, she reproduced a casual tone wanting to mimic the tone used by her daughter at the time of her revelations.

The other reason given by the mother not to believe her daughter was that the child never told her before, and she also said that she did not believe her because she wanted to protect her daughter from living all her life with a lie inside her. [ 19 ] The mother never considered that the allegations could be true. [ 20 ] The reasons given by the mother to explain why she does not believe her daughter do not dismiss the allegations of abuse revealed by the child. [ 21 ] The child’s allegations were clear, precise and succinct. They were made in summer 2021.

The youth maintained with consistency her version to this day. [ 22 ] Although, she had to go through changes in her life: she does not live with the mother anymore, she had to be placed with extended family members and since June 2022, she has been entrusted to a foster family, her version has remained the same. [ 23 ] She testified this morning in the same way.

Her testimony was clear, precise and succinct. [ 24 ] During her testimony, she demonstrated an affect, coherent and proportional with the seriousness of these allegations without hesitation and she testified fluently. [ 25 ] Given the whole evidence, the Court concludes that the evidence provided by the applicant is reliable. The testimony of the youth is reliable and credible, the Court concludes that the applicant has presented an evidence by balance of probabilities for these reasons come to the conclusions that the security and development of the youth are endangered under

section 38 ( b ) (2) and 38 ( d ) (1) of the Youth Protection Act .

THEREFORE, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security and development of the youth are endangered under

section 38 ( b ) (2) and 38 ( d ) (1) of the Youth Protection Act ; [ 28 ] ORDERS that the youth be entrusted to a foster home for period of one (1) year; [ 29 ] ORDERS that the frequency and conditions of contact between the youth and her parents be supervised by the Director of Youth Protection, and with supervision of a third party if necessary; [ 30 ] STRONGLY RECOMMENDS that contacts between the youth and her siblings be encouraged; [ 31 ] ORDERS a prohibition of contact between Mr.

C and the youth; [ 32 ] ORDERS the parents to ensure that the youth is not exposed to any form of violence and/or persons under the influence of alcohol and drugs; [ 33 ] ORDERS the father to engage and complete a drug and alcohol treatment program; [ 34 ] ORDERS the father to submit to random drug testing upon the request of the Director of Youth Protection; [ 35 ] ORDERS the parents to fully collaborate with the Director of Youth Protection and meet the worker upon request; [ 36 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the youth and the family; [ 37 ] ORDERS to any peace officer to collaborate in the execution of the present court order if requested by the Director of Youth Protection; [ 38 ] ORDERS aid, counselling and assistance be provided to the youth and the youth’s family; [ 39 ] The whole, for a period of one (1) year ; [ 40 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Yan Massé Attorney for the father M e Marie-Josée Ayoub Attorney for the mother M e Nathalie Malo Advocate for the child

Dates of hearing : January 11 th , 2023 Last exhibit: D-3