2015 QCCQ 12207, 2015 QCCQ 12207

Protection de la jeunesse — 152302 2015 QCCQ 12207 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029208-147 Date: February 18, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2000 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother The parent 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of February 18, 2015, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a fourteen year-old adolescent, as a result of the sexual abuse she allegedly suffered. [ 3 ] The facts alleged in support of the motion dated December 10, 2014 are as follows: 3.1. as relevant information, the adolescent and her mother reside in the same apartment building as the maternal grandmother and the latter’s boyfriend, B; 3.2. the mother is a flight attendant and the adolescent is often under the care of the maternal grandmother at the maternal grandmother’s apartment; 3.3. as relevant information, the adolescent has cognitive impairments which interfere with her ability to process and relate information and with the sequencing of events; 3.4. the adolescent is subjected to gesture of a sexual nature by the maternal grandmother’s boyfriend and the adolescent’s mother fails to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) in July of 2014, the adolescent disclosed to a friend on Facebook that she has been the victim of ongoing and chronic sexual abuse at the hands of the maternal grandmother’s boyfriend, B;

b) the mother and subsequently the maternal grandmother became aware of the adolescent’s disclosure upon reading the adolescent’s messages on Facebook;

c) the grandmother is in denial of the adolescent’s disclosure;

d) he adolescent received mixed messages from family members after her disclosure and as a result felt pressured to recant her disclosure;

e) the mother was initially ambivalent about believing her daughter’s disclosure, now she says that she believes the adolescent, however she is not disclosing B’s full identity information to the Director of Youth Protection;

f) the adolescent has since revealed and maintains that she has been the subject of ongoing chronic sexual abuse at the hands of B since she was five (5) years old, that said abuse occurred in City A, City B and City C; said abuse included full sexual intercourse;

g) the adolescent added that she was exposed to pornography both on video cassettes and on the computer by B countless time; 3.5. on November 6, 2014, when the signalement was being assessed, the adolescent disclosed that she did not feel safe at home, she was subsequently placed in a foster family under a provisional agreement which comes to an end on December 11, 2014; 3.6. the adolescent does not feel prepared to return home as no action have been taken to prevent reoccurrence of the abuse (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to a foster family for a period of nine months with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Unterberg, admitted most of the facts alleged in support of the motion.

She expressed her consent to the proposed measures but insisted that contacts with her daughter be as frequent as possible. [ 6 ] The adolescent’s father is not declared on her birth certificate. [ 7 ] The adolescent, assisted by Me Morin, admitted the majority of the facts alleged and consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Birth certificate of the child; D-2: Court Report, signed by [Social Worker 1], dated February 11, 2015. [ 9 ] In

summary, the uncontradicted evidence establishes that the adolescent has been repeatedly sexually assaulted by her grandmother’s partner between the ages of five and fourteen. [ 10 ] She provided detailed descriptions of the abuse which appear more fully in the Court report [2] . [ 11 ] At the hearing, the mother expressed none of her earlier ambivalence about the truthfullness of her daughter’s allegations.

She admitted without reservation her belief in her daughter’s account of events and indicated that the grandmother and her partner have moved since January 15, 2015 and therefore no longer live in the same building.

She has also since hired a nanny instead of relying on her mother for babysitting. [ 12 ] The mother also expressed concern for her daughter’s well-being and her hope that she will agree to a psychological assessment and benefit from much-needed services, claiming to have always advocated for her daughter. [ 13 ] She agrees to her daughter’s placement in foster care but would like her daughter home as often and as soon as possible. [ 14 ] As for the adolescent, she chose not to testify.

Although her counsel indicated that she would prefer to be at home with her family, she nonetheless agrees to remain in foster care. [ 15 ] As rightfully emphasized by the social worker, the adolescent’s anxiety and distress cannot be minimized. [ 16 ] Not only has she suffered years of sexual abuse, she also has to deal with undoubtedly conflicted feelings about accusing a family member for whom she even manages to show empathy: X reported that B had a very bad childhood that he is simply confused and maintained that she does not think that he is a bad person, but perhaps just confused as a result of his childhood.

X suggested that B be put in a rehabilitation centre for treatment. [3] [ 17 ] She also has to somehow deal with her mother’s initial doubts about her allegations and the burden of disclosure. [ 18 ] In addition, she has been exposed to intense conflict between her mother and stepfather and feels responsible for her younger brother. [ 19 ] She engages in self-mutilating behavior and has had suicidal ideations in the past. [ 20 ] As a result, although the goal is for the adolescent to be fully reintegrated to her mother’s care, the focus must be to first rebuild their relationship while ensuring X’s emotional safety and stability. [ 21 ] Her placement in foster care is essential to provide her with the distance necessary to focus on her own needs and healing. [ 22 ] Although frequent contacts with her mother and family are to be encouraged, they should not be so overwhelming as to prevent the adolescent from recognizing the importance of focusing primarily on her own needs and well-being. [ 23 ] Under the circumstances, the Court is satisfied that the motion in well-founded.

THEREFORE, THE COURT: [ 24 ] GRANTS the motion; [ 25 ] DECLARES that the security and the development of the adolescent, X , are compromised under

section 38 d) 1) of the Youth

Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 26 ] ORDERS that the adolescent be entrusted to a foster family for a period of nine months; [ 27 ] ORDERS that contacts between the adolescent and her mother be determined by consent amongst the parties and failing such consent that the frequency and modality of contacts be determined by the Director of Youth Protection following the terms of an agreement reached between the parties such that contacts will occur minimally two nights per week with one additional three hour visit during the week; provided that the modalities of contacts are respected and that the situation progresses in a positive manner, one additional night will be added within three months time and a further additional night will be added in five months time; [ 28 ] PROHIBITS any contact between the adolescent and B; [ 29 ] ORDERS that the adolescent benefit from a psychological assessment, as soon as possible, should she choose to do so and RECOMMENDS that she do so; [ 30 ] TAKES JUDICIAL NOTICE that steps have been undertaken for her to benefit from services through IVAC; [ 31 ] TAKES JUDICIAL NOTICE that she is being followed by C, a counsellor at [center A], once a week; [ 32 ] RECOMMENDS that she continue; [ 33 ] ORDERS that she benefit from all health care services required, including any services that may be recommended following her psychological assessment, should she choose to have one; [ 34 ] RECOMMENDS that the mother receive therapeutic services to address her personal issues, including those related to the adolescent’s abuse; [ 35 ] RECOMMENDS family therapy for the mother and daughter should they agree to participate; [ 36 ] ORDERS that a person working for Youth Protection Center A provide aid, counsel and assistance to the adolescent and her family; [ 37 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 38 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 39 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Marc Morin Attorney for the adolescent Me Agnès Unterberg Attorney for the mother TD/vl