2019 QCCQ 19981, 2019 QCCQ 19981

Protection de la jeunesse — 198126 2019 QCCQ 19981 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” No: 525-41-035935-196 DATE: October 23, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 child and A 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 October 23, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the security or development of the child is endangered as a situation of serious risk of neglect and serious risk of sexual abuse exist.

The Director also alleges that the child was neglected in terms of supervision. [ 3 ] Today, the Director recommends that the child be entrusted to the care of her maternal grandmother and that support measures be ordered for a period of nine months. [ 4 ] The mother and the child’s attorney are in agreement with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The child eldest sister expressed that Mr.

B has touched her private parts and that he has put his privates into her buttocks. [ 7 ] During the evaluation process for this signalement, Mr. B confirmed to the Youth Protection worker that he rubbed his penis on the child’s sister’s body when she would come into his bed at night, while the mother was sleeping. He mentioned that this happened on more than one occasion because “ sometimes Y acts like a little woman; it’s her attitude ”. [ 8 ] In the past, Mr. B mentioned that he would act differently with his biological children.

To the Director’s knowledge, he has not been involved in any therapeutic process. [ 9 ] On January 30, 2019, Mr. B pleaded guilty to charges of sexual interference with a person under the age of 16 years (

article 151

b) of the Criminal Code ) and two counts of assault with a weapon. He was sentenced on October 7, 2019 and received a sentence of 6 months of incarceration and a probation of three years.

[ 10 ] On September 18, 2017, the mother asked Mr. B to leave the family home. At the time, the mother mentioned that she separated definitely from him. [ 11 ] During several social follow-up meetings, the mother always maintained that she had not been in contact with Mr. B and that the child’s siblings had no contact with him. [ 12 ] On August 8, 2019, the mother reported that she had finished her therapy with [organism A]. [ 13 ] On September 11, 2019, the Youth Protection worker learned that the mother had given birth to a child on […], 2019.

The mother hid her pregnancy from the Youth Protection worker, from her own mother and from her other children. In an effort to keep this pregnancy secret, the mother gave birth at a different hospital and did not register the child’s birth. She then entrusted the baby to a friend, Ms. C. [ 14 ] During a meeting on September 11, 2019, the mother acknowledged to the Youth Protection worker that she had planned to hid the baby’s existence out of fear that a signalement would be made. She denied that Mr.

B was the baby’s father and mentioned that she was at the hospital by herself when she gave birth. [ 15 ] She reported having visited the baby on a daily basis at Ms. C’s place and denied that Mr. B ever saw the baby, or even knew about her existence. As she wanted to keep the baby’s existence a secret, she did not have any prenatal care during her pregnancy. [ 16 ] Ms. C confirmed to the Youth Protection worker that following the baby’s birth, at the mother’s request, she cared for the baby. The baby spent time with her father, Mr. B, including four complete weekends. Ms.

C knew that allegations of sexual abuse existed between Mr. B and the mother’s eldest daughter. [ 17 ] On September 11, 2019, immediate protective measures were invoked. The child was placed in a foster family. [ 18 ] On September 13, 2019, the Tribunal extended the application of immediate protective measures for the child. [ 19 ] On September 13, 2019, when confronted with information received from the hospital, that the mother was accompanied by her partner and mother-in-law, the mother eventually recognized that Mr.

B was at the hospital with his mother while she gave birth. [ 20 ] On September 20, 2019, the Tribunal ordered that the child be entrusted to her maternal grandmother, Ms. D. [ 21 ] Since that time, weekly supervised visits were organised between the child and the mother. The Youth Protection worker testified that the visits are positive for the child. [ 22 ] Up until recently, the child’s birth had not been registered. She has no medicare card yet. [ 23 ] Throughout the Director’s intervention for the child’s siblings, the mother has lied, manipulated and concealed information to the professionals involved.

She has taken decisions that do not prioritize the child’s needs, including her need to be protected from Mr. B. [ 24 ] The maternal grandmother has always been present and protective for the child’s siblings. She is available to continue to care for her granddaughter. [ 25 ] The Director has proven that the child runs a serious risk of being subjected to gestures of a sexual nature by her putative father, Mr. B. [ 26 ] The Director has also proven the neglect and the serious risk of neglect as the mother left the child with a caregiver who then allowed the baby to be in extended contact with Mr. B.

As the mother wanted to keep the child’s birth as a secret, she did not receive any prenatal care and the child is still without a medicare card. THEREFORE AND FOR THESE REASONS, THE COURT: [ 27 ] GRANTS the application for protection; [ 28 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2, 38 b) 1 iii and 38 d) 2) of the Youth Protection Act ); [ 29 ] ORDERS that the child be entrusted to the care of her maternal grandmother, Ms. D; [ 30 ] TAKES JUDICIAL NOTICE that Ms.

D is currently being evaluated to become a proximity foster home; [ 31 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection is authorized to make unannounced visits in the family home where the child reside; [ 32 ] ORDERS that Ms. D collaborate with the interventions of the Director of Youth Protection; [ 33 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined by the Director of Youth Protection including supervision; [ 34 ] ORDERS the mother and the maternal grandmother to ensure that the child has no contact with Mr. B;

[ 35 ] RECOMMENDS that the mother take steps to address her personal issues and report her progress to the Director of Youth Protection; [ 36 ] AUTHORIZES the Director of Youth Protection to receive pertinent information with treating professionals working with the family; [ 37 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 38 ] THE WHOLE for a period of nine months; [ 39 ] 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.

Written and signed on October 25, 2019 /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Nadia Sabik Counsel for the child Mtre Jean-Hervé Thomas Counsel for the mother Date of hearing: October 23, 2019