2023 QCCQ 9642, 2023 QCCQ 9642

Protection de la jeunesse — 234401 2023 QCCQ 9642 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 550-41-004425-219 DATE: August 25 th , 2023 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on […], 2016 Child and A B Parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, Youth Protection Act ) ______________________________________________________________________ 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 ] On May 30 th , 2022, this Court found the security and the development of the child to be endangered because of sexual abuse by the father and entrusted the child to the mother for a period of 12 months.

The order provides for supervised contacts modalities between father and child, as well as services for the child and the parents. [ 2 ] The Director seeks to prolong the protection measures for a period of six months, and for contacts between father and child to be supervised by the mother. [ 3 ] Both parents agree with the Director’s recommendations. While the mother disagrees with the content of the initial report dated June 18 th , 2023, she agrees with the content of the complementary report dated August 14 th , 2023.

The child’s counsel, acting under a legal mandate, agrees with the motion and the Director’s recommendations. [ 4 ] Following the last ruling, the mother has begun receiving services from the Centre A and has since been supervising contacts between the child and the father. Visits are positive, and the child is asking to spend more time with the father. [ 5 ] As indicated in the last ruling, the mother is well-intentioned and has the interest of her daughter at heart. The professionals from [Centre A] have no concern over the mother’s ability to protect the child from harm.

The child recently attended a first meeting at [Centre A], and additional meetings are scheduled. [ 6 ] The father has begun a follow-up with the [Centre A], with positive results. The meetings are expected to be completed by

November 2023. The father also received services to address his mental health and alcohol consumption issues. [ 7 ] It is hoped that the next six months will allow for follow-ups to be completed and for the Director’s intervention to come to an end. [ 8 ] THEREFORE THE COURT : [ 9 ] GRANTS the motion; [ 10 ] REVISES AND EXTENDS the decision rendered on May 30 th , 2022; [ 11 ] ORDERS the implementation of the following measures for a period of six months:

a) That the child be entrusted to her mother;

b) That contacts between father and child be supervised by the mother;

c) That a person authorised by the Director of Youth Protection A provide aid, counsel and assistance to the child and the family;

d) That the child be evaluated by professionnals to assess the impact of the sexual abuse and that she receives the needed services, as required by her condition;

e) That the parents participate actively to the elaboration and application of the intervention plan;

f) That the parents report periodically to the Director of Youth Protection on the measures they are applying to put an end to the situation that endangers the security or development of the child; [ 12 ] RECOMMENDS :

a) That the mother participate in a professional follow-up for parents of child victims of sexual abuse;

b) That the father participate in a professional follow-up for men who committed sexual abuse;

c) That the father receive services to address his mental health and alcohol consumption issues; [ 13 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Laura Normandin Counsel for the Director of Youth Protection M e Claude Dostie Counsel for the child M e Manon Guitard Counsel for the father A Mother – acting personally Date of hearing: August 25 th , 2023.