2015 QCCQ 13448, 2015 QCCQ 13448

Protection de la jeunesse — 152831 2015 QCCQ 13448 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000472-156 DATE: April 9, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner and X born on [...] , 1997 Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The youth lives with her mother since the parents separated two years ago. She has two older brothers, one younger sister and one younger brother. [ 2 ] Last January, the youth disclosed she was submitted to sexual abuse from her brother Y for several years. The abuse took place on a weekly basis. Her other older brother also touched her, on two occasions.

She provided a videotaped statement but refuses to press charges. [ 3 ] The youth has to cope with mixed feelings towards her brothers and other members of her family. She says she kept her secret for so long because she wanted to protect her family. [ 4 ] The youth is fragile, vulnerable and needs help. [ 5 ] She was entrusted to an aunt on a provisional basis and wishes to remain there until she reaches her age of majority. The aunt is a foster family. [ 6 ] Despite her difficulties, the youth is a successful student who will graduate from high school next June.

She intends to go to college in Town A and live in residence on campus. [ 7 ] Her mother agrees with that plan. [ 8 ] The mother supports her daughter. She was shocked to hear about what happened. She says she does not know if it is true, but chooses to believe and help her daughter. [ 9 ] The father does not believe the abuse took place and blames the youth for lying. However, he agrees with the measures requested by the director of youth protection (DYP). [ 10 ] The Court concludes that the security and development of the youth are in danger because she was submitted to sexual abuse.

The recommended measures appear appropriate, in her best interest.

WHEREFORE, THE COURT: [ 11 ] GRANTS the petition for protection ; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth protection act ; [ 13 ] ORDERS that the adolescent be entrusted to foster family designated by the DYP until November 11, 2015 ; [ 14 ] ACKNOWLEDGES the mother’s consent and AUTHORIZES the adolescent to live in independent living for school purposes starting from August 2015 ; [ 15 ] RECOMMENDS that the adolescent be submitted to a paediatric psychiatric evaluation ; [ 16 ] RECOMMENDS that the adolescent involve herself in a paediatric psychiatric follow-up, if deemed necessary by the professional ; [ 17 ] ORDERS that the contacts between the adolescent and her parents be determined upon agreement between the parties ; [ 18 ] FORBIDS all contacts between Y and X ; [ 19 ] FORBIDS all contacts between Z and X ; [ 20 ] ORDERS that Z and Y be served with the excerpt of the judgment that concerns them ; [ 21 ] ORDERS the adolescent and her parents to take an active in the application of the measures ordered by the Tribunal ; [ 22 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until November 11, 2015 ; [ 23 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre Jeunesse A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Richard Lavigne for the adolescent Mrs. A the mother Mr. B the father Date of hearing: April 9, 2015 Written judgment filed on April 27, 2015