2013 QCCQ 17550, 2013 QCCQ 17550

Protection de la jeunesse — 136197 2013 QCCQ 17550 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: October 24, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant and X, born on [...], 1996 635-41-000534-138 Y, born on [...], 2003 635-41-000538-139 Z, born on […], 2004 635-41-000537-131 A, born on […], 2007 635-41-000536-133 B, born on […], 2009 635-41-000535-135 Children and C Mother and D Father of Y , Z , A and B Stepfather of X ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submitted five motions asking the Court to declare the security and the development of X, Y, Z and A and B endangered pursuant to subparagraphs ( c ), ( d )(2) and ( e )(2) of the second paragraph of

section 38 . [ 2 ] The parents were present and assisted by counsel. The youngest children, B and A, were not present in Court, but were represented by the same counsel as the other children. [ 3 ] On July 10, 2013, Daniel Bédard J., under a motion under 76.1 of the Youth Protection Act , [1] maintained all the children with the mother on condition that she ensure that the children are never left alone in the presence of Mr.

D. [ 4 ] The father and the mother admitted the following facts: • X’s father is deceased; • On May 9, 2012, a multisectorial agreement was opened and completed; • The mother acknowledged that the child Z had been a victim of physical abuse for the previous two years and that X had been sexually abused by him (Mr. D); • The youth X also confirmed that she had been sexually abused by Mr. D; • The child Z also confirmed that Mr. D sometimes slapped him; • Mr.

D had conditions not to be in contact with the mother or to be in City A; • On May 10, 2012, a provisional agreement was signed by the parties; • During the evaluation, the mother was cooperative with the Director of Youth Protection and she generally recognized the impact of her husband’s behaviours on the children; • The children remained with the mother under the condition that they would never remain alone in the presence of Mr. D; • During the voluntary measures, the relationship between the mother and Mr. D was unstable;

• On May 5, 2013, the mother informed the Director of Youth Protection that her relationship with Mr. D had ended and that he was incarcerated; • On May 30, 2013, the Director of Youth Protection went to the mother’s house and Mr. D answered the door, as he had been released from jail on May 29, 2013; • On May 31, 2013, the Director of Youth Protection met with the mother and Mr. D to remind them of the voluntary measures, more precisely, of the condition that Mr.

D should not be left alone while in the presence of the children; • The mother appeared angry and was reluctant to cooperate with the Director of Youth Protection; • While incarcerated, Mr. D did not receive or seek any services concerning his issues of alcohol, violence, anger, and physical and sexual abuse; • On June 21, 2013, the mother and Mr. D acknowledged the necessity for him to go to treatment to address his problems; • Mr.

D completed the application form for a treatment program; • The mother denied having an alcohol consumption problem; • Overall, the children are doing well at home. [ 5 ] The youth protection worker recommended that the five children remain in the care of the mother. [ 6 ] All the parties agreed with the recommendations. [ 7 ] The children’s counsel argued that there was insufficient evidence regarding

section 38( d )(2), "sexual abuse", for the four youngest children. [ 8 ] The Court agreed with her: there is evidence of sexual abuse for X, but not for the other children in the family. [ 9 ] FOR THESE REASONS, THE COURT: For X: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the child are in danger under

section 38 ( c ), "psychological ill-treatment", ( d ) (1) and (2), "sexual abuse", and ( e )(2), "physical abuse"; [ 12 ] ORDERS that the youth remain in the care of her mother and that she receive services for a period of nine months; [ 13 ] ORDERS that Mr. D seek treatment to resolve his personal issues (conjugal violence, anger, physical and sexual abuse); [ 14 ] ORDERS that Mr.

D report to the Director of Youth Protection on the results of treatment; [ 15 ] ORDERS that the mother ensure that the youth is not left alone in the presence of the stepfather; [ 16 ] ORDERS that the mother and the stepfather cooperate with the Director of Youth Protection as required; [ 17 ] ORDERS that the mother and the stepfather seek treatment to address their alcohol abuse; [ 18 ] ORDERS that X be provided with counselling to address the sexual abuse; [ 19 ] RECOMMENDS that she receive help from a psychologist; [ 20 ] ORDERS that the family be provided with therapy to address the impact of conjugal and domestic violence on the children; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for a period of nine months; [ 22 ] ORDERS that the mother and stepfather stay sober in the presence of the child; [ 23 ] ORDERS that there be no alcohol or drugs in the house; [ 24 ] AUTHORIZES the Director of Youth Protection to do unannounced visits in relation to the application of the different measures; [ 25 ] ORDERS the police to cooperate in the execution of this judgment; [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out.

For Y, Z and A and B: [ 27 ] GRANTS the motions;

[ 28 ] DECLARES that the security and development of the children are in danger under

section 38 ( c ), "psychological ill-treatment", and 38( e )(2), "physical abuse"; [ 29 ] ORDERS that the children remain in the care of their mother; [ 30 ] ORDERS that Mr.

D seek treatment to resolve his personal issues (conjugal violence, anger, physical and sexual abuse); [ 31 ] ORDERS that the parents cooperate with the Director of Youth Protection as required; [ 32 ] ORDERS that the parents seek treatment to address their alcohol abuse; [ 33 ] ORDERS that the family be provided with therapy to address the impact of conjugal and domestic violence on the children; [ 34 ] TAKES NOTICE that the father will go into treatment in October; [ 35 ] ORDERS the police to cooperate in the execution of this judgment; [ 36 ] ENTRUSTS the situation of the children Y, Z and A and B to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Gabriel Gaudreault Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Marie-Claude De Gagné Counsel for the children Mtre. Robert Jr Poirier Counsel for the mother Mtre. Myriame Gaudreault Bureau d’aide juridique A Counsel for the father and stepfather Date of hearing: August 28, 2013