2015 QCCQ 13449, 2015 QCCQ 13449

Protection de la jeunesse — 152832 2015 QCCQ 13449 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000473-154 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 […], 2000 Child 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 older sister and one younger brother. [ 2 ] Last January, her sister disclosed she was submitted to sexual abuse from her brother Y for several years. The abuse took place on a weekly basis. The other older brother also touched the sister, on two occasions.

The sister provided a videotaped statement but refuses to press charges. [ 3 ] When her sister disclosed the sexual abuse, the youth was questioned and said she was never submitted to sexual abuse by her older brothers. She blamed her sister for lying and was angry at her. The youth was very reluctant to discuss about her family life. [ 4 ] Later on, the youth disclosed that, on one occasion, her brother Z tried to kiss her but her brother Y kept him from doing so.

It happened when was younger. [ 5 ] The youth is emotionally fragile and has to cope with all the turmoil in the family. [ 6 ] The youth loves her older brothers and wants to have contacts with them. [ 7 ] The mother supports her daughters. 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 daughters. [ 8 ] The father does not believe the abuse took place and blames the youth’s sister for lying.

However, he agrees with the measures requested by the director of youth protection (DYP). [ 9 ] The Court concludes that the security and development of the youth are in danger because she is at risk to be submitted to sexual abuse. The recommended measures appear appropriate, in her best interest.

WHEREFORE, THE COURT: [ 10 ] GRANTS the petition for protection ; [ 11 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] ENTRUSTS the child to her mother; [ 13 ] ORDERS that the child receive counselling as long as deemed appropriate by the professional; [ 14 ] ORDERS that contacts between the child and her father be determined upon agreement between the parties; [ 15 ] FORBIDS the father to put X in contacts with Y and Z , during the visitations and at any time; [ 16 ] ORDERS that contacts between the child and Y be supervised by the mother; [ 17 ] ORDERS that contacts between the child and Z be supervised by the mother; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until March 31, 2016 ; [ 19 ] ENTRUSTS the situation of the child 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 child Mrs. A the mother Mr. B the father Date of hearing: April 9, 2015 Written judgment filed on April 27, 2015