2020 QCCQ 13327, 2020 QCCQ 13327

Protection de la jeunesse — 209224 2020 QCCQ 13327 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005847-184 DATE: November 30, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2011 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A 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 ] On October 21, 2019, the Court declares a situation of endangerment relating to the father’s sexual abuse of the child.

Amid various protective measures for one year, the Court entrusts the child to her mother while providing supervised access with her father. [ 2 ] The father stipulates his intention to participate in the rehabilitative process and more particularly to undertake a therapy in relation to the sexual abuse. [ 3 ] Alleging that the father had made no substantial steps to address his issues, the Director seeks an extension of the order for 6 months. [ 4 ] The mother and the child’s attorney, under a legal mandate, subscribe to the application. The father is absent although having been notified of the application.

The Court proceeds in the child’s best interest. Analysis and decision [ 5 ] The child is evolving positively under her mother’s care. [ 6 ] The child benefits from a specialized follow-up in relation to the sexual abuse, which is initially completed after a few months. In July 2020, services resume for a limited time after the child admits to self-mutilation behaviours since the sexual abuse. [ 7 ] The child maintains supervised contacts with her father, which can be irregular in reason of the father’s lack of organization.

She enjoys their time together. [ 8 ] The father fails to invest himself in the rehabilitation process and doesn’t follow through on the multiple attempts to meet with him. He doesn’t admit the sexual abuse nor seek any therapeutic follow-up. He refuses to answer his daughter’s questions about his sexual behaviour towards her, stating he is not ready for such a discussion and requires professional support. [ 9 ] At the revision table of August 2020, the father once again agrees to seek professional help to address his sexual behaviours towards his daughter.

Up until now, there is no confirmation of any services. [ 10 ] The mother is protective and supportive of her daughter. She cooperates fully in the follow-up. She also applies to modify the father’s access rights in order to provide for supervision, to which the Court renders a concurrent judgment. [ 11 ] The father’s position and cooperation are a substantial impediment to the rehabilitation of the situation of endangerment. It will

be important for him to finally undertake services to understand the reasons behind his sexual deviancy and accept the consequences of his actions. [ 12 ] His daughter seeks a frank discussion as to his actions. In default of such, it is questionable as to what role the father can maintain in her life on a long-term basis. The next period will dictate whether the father is able to respond to his daughter’s needs. [ 13 ] In view of the evidence, the Court endorses the application in order to provide an additional delay to accompany the child and her family.

FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension of a Court order; [ 15 ] DECLARES that the security and the development of the child are still in danger; [ 16 ] EXTENDS the Court order rendered on October 21, 2019; [ 17 ] ORDERS that the child remain in her maternal environment; [ 18 ] ORDERS that the contacts between the child and her father be following agreement between the parties and in the presence of a third party chosen by the Director of Youth Protection; [ 19 ] TAKES ACT that the parties intend that this third party be an organization such as «[organization A]»; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end to the situation in which her security or development is in danger; [ 21 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 23 ] THE WHOLE for 6 months; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry-Staub Attorney for the Applicant Me Annie Girard Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: November 30, 2020 Date of signature: February 1, 2021