2015 QCCQ 13447, 2015 QCCQ 13447

Protection de la jeunesse — 152830 2015 QCCQ 13447 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000471-158 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 [...] , 2008 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 child lives with his mother since the parents separated two years ago. He has two older brothers and two older sisters. [ 2 ] Last January, his older 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 her, on two occasions.

She provided a videotaped statement but refuses to press charges. [ 3 ] When his older sister disclosed the sexual abuse, the child’s other sister 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. Later on, she disclosed that, on one occasion, her brother Z tried to kiss her but her brother Y kept him from doing so. [ 4 ] The child is not aware of the situation of abuse disclosed by his sisters. He loves his brothers and wishes to see them. [ 5 ] 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. [ 6 ] The father does not believe the abuse took place and blames the child’s sister for lying. However, he agrees with the measures requested by the director of youth protection (DYP). [ 7 ] The Court concludes that the security and development of the child are in danger because he is at risk to be submitted to sexual abuse. The recommended measures appear appropriate, in his best interest.

WHEREFORE, THE COURT: [ 8 ] GRANTS the petition for protection ; [ 9 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth

protection act ; [ 10 ] ENTRUSTS the child to his mother; [ 11 ] ORDERS that contacts between the child and his father be determined upon agreement between the parties; [ 12 ] FORBIDS the father to put X in contacts with Y and Z , during the visitations and at any time; [ 13 ] ORDERS that contacts between the child and Y be supervised by the mother; [ 14 ] ORDERS that contacts between the child and Z be supervised by the mother; [ 15 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until March 31, 2016 ; [ 16 ] 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