2019 QCCQ 19759, 2019 QCCQ 19759

Protection de la jeunesse — 198154 2019 QCCQ 19759 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000970-191 DATE: September 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2016 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as the child is victim of sexual abuse and that a serious risk of sexual abuse exists. [ 3 ] Today, the Director amends the orientation proposed from an entrustment to the maternal grandmother to an entrustment to the mother.

The Director also recommends that diverse support measures be ordered until May 31, 2020. [ 4 ] The parents are in agreement with the Director’s plan. [ 5 ] The father does not recognize pausing a serious risk of sexual abuse for his child. [ 6 ] The child’s attorney is in agreement with the recommendations but is recommending that certain support measures be added. Questions in litigation [ 7 ] Did the Director present preponderant evidence to support a serious risk of sexual abuse from the father? [ 8 ] Are the proposed measures in the child’s best interest and are they respecting her rights?

Context and Analysis [ 9 ] The parents are separated and the child resides with the mother. [ 10 ] On August 31 2018, the police received a report to the effect that the mother expressed suicidal ideations on Facebook. When the police arrived at the mother’s residence, she explained that she was sad and depressed as she wanted to go out drinking but she had not found a babysitter. Her boyfriend had left to drink without her. The mother was eventually assessed by a social worker who

determined that she was not scared for her safety. [ 11 ] On December 17, 2018, the police received another report to the effect that the mother was expressing suicidal ideations on Facebook. When the police met with the mother, she seemed highly intoxicated with alcohol. The mother was brought to the hospital and had to be restrained with contention. [ 12 ] On January 14, 2019, the police received a report to the effect that the mother had been uttering threats to two individuals (C and

D) through social media. [ 13 ] On February 16, 2019, the mother posted comments on Facebook suggesting suicide for a third time. When the police arrived home, she was sober. The mother explained that she had been depressed but that she felt better. Following an assessment by the social worker, it was determined that the mother did not pause a threat to herself or anyone else. [ 14 ] On June 5, 2019, as the mother was changing the child’s diapers, she noticed a yellow discharge from her vagina.

She brought the child to the hospital who was treated for a urinary infection. [ 15 ] On June 13, 2019, the Youth Protection worker “ received the information that the child tested positive to gonorrhea, a sexually transmitted infection (STI) that is mostly transmitted through oral, genital, or anal sex with someone who has the infection [1] . ” The child has not made any mention that could identify the abuser. At the request of the Youth Protection worker, the mother identified ten men who were in contact with the child without her supervision.

Following the police investigation and the Director’s evaluation, the identity of the abuser remains unknown. [ 16 ] The mother also tested positive for gonorrhea. She believes that her boyfriend, Mr. E infected her. She believes that he could have been the one who sexually abused her daughter. The mother is seven months pregnant from Mr. E. [ 17 ] On June 18, 2019, it was convened with the mother that the child should not be left unsupervised with men. The mother mentioned that she did not want to have any contact with Mr.

E and would ensure that the child would not have contact with him. [ 18 ] On June 20, 2019, the mother posted suicidal comments on Facebook for the fourth time. When she was met by the police, she mentioned that “ she just wanted to get drunk and die because of boyfriend issues [2] . ” [ 19 ] On July 26, 2019, Mr. E showed up at the mother’s house, intoxicated.

He made threats to slash her tires and to kill her. [ 20 ] On August 2, 2019, the Youth Protection worker was informed by the nurse that the mother had missed three medical appointments for treating her child’s infection. [ 21 ] On August 2, 2019, the mother confirmed to the Youth Protection worker that she was back in a relationship with Mr. E. She explained that he comes to her place and sometimes sleeps over. She believed him when he assured her that he was not the one who sexually abused the child. The mother refused to follow the directives of the Youth Protection worker to protect the child.

Immediate protective measures were invoked and the child was entrusted to the maternal aunt, Ms. F. [ 22 ] On August 5, 2019, the mother and the Youth Protection worker met again. She discussed more openly her relationship with Mr. E. She reported that he consumes alcohol on a daily basis. She mentioned that, in December, she punched him and he punched her back in the face.

She did not press charge and explained that the child was sleeping during the incident. [ 23 ] During the meeting, the mother reported that since she learned about her daughter’s sexual abuse, she had not authorized any other men to have unsupervised contact with the child. When confronted, the mother mentioned that she let the child alone with her father on several occasions and that she slept over at his place. The mother mentioned that since he is the child father, he could not have sexually abused the child.

The mother did not see a risk in permitting a sleep over at the father’s home, when he resides with his father and his brother. [ 24 ] The mother reported that the child’s father is not very involved in her life. She mentioned that he has drug (marijuana and amphetamine) and alcohol issues. She reported that last year, she learned that he was selling drugs. She reported that when she was 13 years old, the father had raped her.

She also reported that the father had raped other teenagers in the past. [ 25 ] Even when confronted with the father’s alleged past history, the mother was unable to understand that she needed to protect her child against him. When she was informed that the child could not be returned to her care, the mother made suicidal threats. [ 26 ] The child had to be transferred to a foster family as Ms. F was intoxicated. [ 27 ] During a meeting held on August 6, 2019 between the parents and the Youth Protection worker, the mother apologized for her behaviour of the previous day.

The parents agreed for the child to be entrusted to the maternal grandmother, Ms. G and signed a provisional agreement for placement. During the meeting, the father acknowledged his drug and alcohol issues but denied having sexually abused teenagers in the past. [ 28 ] At the time of the report’s writing, the presence of the mother was not a protective factor for the child. Her capacity to protect the child was affected by her emotional needs to be in a relationship with Mr. E. She was scared to impose limits that would have her rejected.

In the past year, her suicidal risk was assessed by social workers on five occasions. [ 29 ] Since the report’s writing, the mother met with the Youth Protection worker almost every day. The worker is reassured and was able to reassure the Tribunal that the mother now understands that her priority must be her response to her child’s needs, including her needs of protection. [ 30 ] During her testimony, the mother confirmed that she is no longer in a relationship with Mr. E. She mentioned that he was never

good to her or to her daughter. She recognized that she was around “ wrong person in her home ”. She mentioned that she would call the police if he wanted to see the child. [ 31 ] The Director has clearly proven that the child was subjected to gestures of a sexual nature. Following the investigation, it was impossible to determine the identity of the abuser.

The parents have not taken the necessary protective steps to put an end to the situation. [ 32 ] The Director also alleges that the child is at serious risk of sexual abuse by the father as the mother reported to the Youth Protection worker that he had raped her when she was 13 years old. The mother also alleged that her twin sister and two other persons were sexually assaulted by the father in the past. The father denies the alleged sexual assault. [ 33 ] The Director filed an occurrence report mentioning that a 14 year old girl declared having frequent unprotected sexual relationships with the father.

The filing of this report does not prove in itself that the reported facts occurred. No other proof was submitted regarding the question of serious risk of sexual abuse. The Director has not proven, by preponderance, that such a risk exists for the child. THEREFORE AND FOR THESE REASONS, THE COURT: [ 34 ] GRANTS the application for protection; [ 35 ] DECLARES that the security or the development of the child is endangered (

section 38 d) 1 of the Youth Protection Act ); [ 36 ] ORDERS that the child be entrusted her mother’s care; [ 37 ] ORDERS that the parents take an active

part in the application of all the measures ordered; [ 38 ] ORDERS the mother to ensure that the child do not come in contact with Mr.

E; [ 39 ] ORDERS that the contacts between the child and the father be supervised by the Director of Youth Protection or by another person designed by him; [ 40 ] RECOMMENDS that the father seek help through Social Services for his substance abuse and personal issues; [ 41 ] RECOMMENDS that the mother seek help through Social Services for her personal issues; [ 42 ] ORDERS that the child receive specific health care and health services, more specifically that she be followed-up by the Family Planning Program; [ 43 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family, including unannounced visits to the family home; [ 44 ] THE WHOLE until May 31, 2020; [ 45 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Caroline Jennis and Mrs. Laurence Migué Counsel for the child Mtre Nada Boumeftah Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: September 25, 2019