2017 QCCQ 10333, 2017 QCCQ 10333

Protection de la jeunesse — 174392 2017 QCCQ 10333 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032491-177 DATE : June 16, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2016 child and B mother ______________________________________________________________________ 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 June 16, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that the child runs a serious risk of being subjected to gestures of a sexual nature by the mother as the mother sexually abused a minor friend of Y.

The Director also alleges that a situation of physical neglect exists and that the mother does not adequately supervised the child. [ 3 ] On May 1, 2017, the Tribunal entrusted the child to a foster family and rendered provisional support measures until the main hearing. [ 4 ] Today the Director amends its application, withdrawing the serious risk of sexual abuse as a rationale for compromission. The youth protection worker testified and clarified that the Director still assess the young victim as credible.

Considering the mother’s acknowledgment of the neglect situation, the Director decided to focus on this issue in order to ensure the child’s safety. [ 5 ] The Director recommends that the child be entrusted to a foster family for a period of six months and that other support measures be ordered for a period of one year. [ 6 ] The mother denies ever having made gestures of a sexual nature towards the minor friend of Y. She recognizes needing support in relation to the exercise of her parental authority around supervision and that she needs to work around the cleanliness of the home.

She is in agreement with the proposed plan. [ 7 ] The child’s attorney is in agreement with the proposed measures. Question in litigation [ 8 ] Are the proposed measures made respecting the child’s rights and best interest? Context and Analysis [ 9 ] The mother acknowledges having a history of drug and alcohol abuse. She has not always been transparent and coherent when

reporting these issues to the youth protection worker and to the police. [ 10 ] The child’s siblings reported that the mother drinks to the point of intoxication almost every second day. [ 11 ] On May 24, 2017, the mother started participating in a rehabilitation process at Foster Pavilion. [ 12 ] The mother’s level of supervision has not always been consistent and appropriate. She acknowledges some of her questioning parenting decisions: having several care takers for the child, letting Z sleep in the same bed as her adult cousin, having A sleeping alone at her brother’s house.

She focused on being a friend to the children instead of being able to impose positive and healthy boundaries. She plans on attending parenting classes at the CSSS Lasalle in order to help her make better parenting decisions for the child. [ 13 ] The family home is under renovation due to the poor condition in which it was. The apartment had to be fumigated. The home was infested with bugs. [ 14 ] The mother remains under police investigation for sexual abuse and possession of child pornography. The mother denied touching or taking nude pictures of Y’s friend.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 o i and b) 1 o iii of the Youth Protection Act ); [ 17 ] ORDERS that the child be entrusted to a foster family for a period of six months; [ 18 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined by the Director of Youth Protection, including supervision for as long as deemed necessary; [ 19 ] ORDERS that the mother take steps to address her personal issues (substance abuse, treatment, individual therapy, parenting classes) and TAKES NOTE of mother’s agreement to do so; [ 20 ] ORDERS the mother to collaborate with the Director of Youth Protection to ensure that adequate boundaries and a safety plan is developed and implemented to prevent the child’s victimization or exposure to sexual abuse and TAKES NOTE of mother’s agreement to do so; [ 21 ] ORDERS that the mother ensure that the global needs of the child are met, including that she receive all medical and/or therapeutic services requires by her situation; [ 22 ] ORDERS the mother to take steps to ensure that her home is restored to a safe and sanitary condition and maintained as such; [ 23 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 24 ] THE WHOLE for a period of twelve months; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on June 21, 2017 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Adriana Chafoya-Hunter Counsel for the child Mtre Josée Lefebvre Counsel for the mother Date of hearing: June 16, 2017