2022 QCCQ 8618, 2022 QCCQ 8618

Protection de la jeunesse — 225810 2022 QCCQ 8618 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 38933-214 Date: September 16, 2022 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2011 [Social Worker 1][SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 16, 2022, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , an eleven year-old child, based on the psychological ill-treatment to which she is exposed. [ 3 ] The facts alleged in support of the application dated August 30, 2021 are as follows: 3.1. the parents are separated; 3.2. the mother has custody of the child through Superior Court and the father has supervised contacts with the child every Saturday from 10 a.m. to 4 p.m., supervised by his girlfriend; 3.3. there are ongoing proceedings in Superior Court, as the father wants to enlarge his access rights; 3.4. the child runs a serious risk of being subjected to gestures of a sexual nature by the father and the child’s parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child’s half-sibling Y has disclosed that the father touched her vagina, on several occasions between the ages of 12 to 14 to verify if she was a virgin;

b) the father has had sexual intercourse with his aunt, when she was 16 years old;

c) with said aunt, the father was persistent with her, made her numerous promises to attain his goal;

d) the father has taken his girlfriends daughter C to a hotel when she was 17 years old, which made her very uncomfortable;

e) the father (sic) girlfriend minimizes any said concerns;

f) the father has been making numerous promises to the child and he has given her many gifts;

g) the child has expressed wanting to live with her father;

h) serious concerns exist that the father may be grooming the child;

i) the father has had unsupervised contacts with the child, given his girlfriend was not present to supervise;

j) the father denies all said concerns; 3.5. the child is seriously and repeatedly subjected to behaviour on the part of the parents that could cause her harm and the child’s parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the parents have a conflictual relationship;

b) concerns exist that the parents have spoken negatively about each other in the child’s presence;

c) the child is aware of the parental conflict; 3.6. the child is subjected to unreasonable methods of upbringing by the mother and the child’s parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the mother used physical means to discipline the child and sibling;

b) the mother has used a spoon, a belt and a telephone charger to discipline the child;

c) said discipline has occurred on numerous occasions;

d) the mother acknowledges her difficulties and wishes to obtain proper supports to help improve her parenting (i.e. ACDPN association) (reproduced with errors and/or omissions). [ 4 ] The Director filed Exhibits D-1 to D-6 as evidence: D-1: Child’s birth certificate; D-2: Court Report, prepared by Jean Exumé, dated January 4, 2022; D-3: Screenshots of texting conversations between Mr.

B and X; D-4: Superior Court custody judgment, dated October 22, 2020; D-5: Addendum, prepared by [Social Worker 2], date March 7, 2022; D-6: Addendum II, prepared by [Social Worker 1], dated September 6, 2022. [ 5 ] At the beginning of the hearing, the Director indicated that there was no evidence to present regarding any sexual abuse or serious risk of sexual abuse. [ 6 ] In addition, issues regarding physical discipline had also been resolved: Ms. A is no longer using physical discipline in the home, and the children have been receptive to the services and tools given to Ms. A.

In light of the above, the DYP is no longer concerned with physical abuse being used in the home of Ms.

A. [2] [ 7 ] As a result, the only alleged ground of endangerment remained psychological ill-treatment as a result of the ongoing parental conflict and its impact on the child. [ 8 ] All parties admitted the parental conflict and agreed to the measures recommended by the Director of Youth Protection for a period of six months. [ 9 ] X misses her father and the parties agreed upon modalities to ensure that she can resume contacts with him in an appropriate manner, with adequate safeguards in place to reassure the mother and ensure that there is no denigration or undue suspicion of inappropriate behavior, with supervision by a neutral third party approved by the Director for as long as necessary. [ 10 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and the development of the child, X , are in danger under

section 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 13 ] ORDERS that the child remain entrusted to her mother; [ 14 ] ORDERS that contacts between the child and her father be determined by agreement between the parties and in the absence of an agreement between the parties, ORDERS that contacts between the child and her father be determined by the Director of Youth

Protection and be supervised by a third party approved by the Director of Youth Protection for as long as necessary; [ 15 ] ORDERS that such contacts occur minimally on a weekly a basis for a duration of three hours TAKING JUDICIAL NOTICE that contacts may end sooner should the child request it, and TAKES JUDICIAL NOTICE that following the first month of contacts the duration will gradually be increased as agreed upon by the parties; [ 16 ] TAKES JUDICIAL NOTICE that the father will meet with the worker prior to the first contact between the father and the child; [ 17 ] ORDERS that the family receive the services of an educator for as long as needed TAKING JUDICIAL NOTICE that the mother is in agreement; [ 18 ] ORDERS that the father collaborate with the Director of Youth Protection and meet with the worker as requested TAKING JUDICIAL NOTICE that the father undertakes to meet the delegate on a monthly basis or more frequently if necessary; [ 19 ] TAKES NOTE that the worker will communicate with the father by email to

schedule an appointment; [ 20 ] RECOMMENDS that the child continue to receive therapeutic services from the CLSC and follow recommendations; [ 21 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 22 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of six months. Signed on November 3, 2022 TAYA DI PIETRO, Q.C.J.

Me Dominique Douglas Attorney for the Director of Youth Protection Me Maïa Sureau Attorney for the child Me Younes Ameur Attorney for the mother Me Reisa Teitelbaum Attorney for the father TD/vl