2018 QCCQ 20453, 2018 QCCQ 20453

Protection de la jeunesse — 1811615 2018 QCCQ 20453 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002097-175 DATE: November 23, 2018 (written judgment rendered on April 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2011 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, residing and domiciled at [...] ______________________________________________________________________ JUDGMENT (Section 95 of the 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 ] The Director of Youth Protection (DYP) asks the Court to revise a decision rendered on November 23, 2017, regarding the child X, born on [...], 2011. At that date the Court declared the security and development in danger under

section 38 (d) (1) and entrusted the child to a foster family, chosen by the institution operating a child and youth protection centre, and recommends that this foster family be Ms. C, paternal grandmother. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and recommends that she be entrusted to a foster family, chosen by the institution operating a child and youth protection centre until November 30, 2019. Position of the parties [ 3 ] The mother is present by videoconference and represented by Me Léonard.

She recognizes that the security and development of her child are still in danger and she agrees with the measures. [ 4 ] The father is present and represented by Me Tommasel. He recognizes that the security and development of his child are still in danger and he agrees with the measures. [ 5 ] The child who is 7 years old is absent, but represented by Me Neptune. She admits most of the alleged facts and she wishes to be entrusted to Mr. D. Historical situation [ 6 ] On November 23, 2017 , the situation of X and her sister Y was submitted to the Court.

At that time, the parents were separated and the father had the custody of the two girls. The mother was living in Town A and had irregular contact with her daughters. X revealed that she had been sexually abused by her father. The DYP entrusted the two girls under the paternal grandmother’s care. The grandmother noted that the children seem to be more relax since they are with her. The father denied the alleged sexual abuses. The mother was not in a position to take care of the children.

Despite the facts that the children’s version changed many times during the police investigation, the youth chamber concluded that the evidence shows that X had been the victim of sexual abuse. During the investigation, the mother was totally absent and never supported her daughters in this difficult time. The Court declared the security and development of the child in danger [1] and entrusted her to a foster family until the end of November 2018, and authorized reintegration at the mother’s place if the situation allows it.

Analysis [ 7 ] Since the last order, the child is living with her paternal aunt and she is doing well.

[ 8 ] On March 19, 2018, Y revealed having been sexually abused by her cousin who lives at the grandmother’s place. The same day, the DYP removed her from her grandmother and entrusted her to the paternal aunt with X. [ 9 ] According to the DYP, the aunt is taking very good care of the children regarding the basic needs. Now she has to learn some tools to be able to answer the emotional needs of the children being sexually abused. [ 10 ] As Y, X would like to be entrusted to Mr.

D, the ex-boyfriend of her mother. [ 11 ] Regarding the contact with the father, it frequently occurs as the father come to see them and the contacts are supervised by family members. The father admits that he did not seek help through the Social Services. [ 12 ] With the mother, the contacts are less frequent. In December 2017, the children went to Town A to see their mother. Since that time, according to the DYP, the mother never asked about her daughters, never ask for more visits and the girls never asked to live with their mother. [ 13 ] The mother testified by videoconference.

She explains that her daughters are very close to Mr. D. He raised them and he continues to support them. He is very attached to them. According to the mother, the girls are also very attached to him. The girls were also close to their father, but since the sexual abuses, they put a distance with their father and became closer to Mr. D. [ 14 ] The mother said that the girls spoke with her about what happened in the foster family. [ 15 ] She expresses the desire to have her daughter living with her in Town A, but she does not receive services.

There is no collaboration between the Town B DYP and the Town A DYP to offer services to her. She does not know how she could receive services and demonstrate that she is able to take care of her daughters. Analysis [ 16 ] The child is entrusted in a foster family since at least November 2017. She is now 7 years old and the maximum delay of a placement in her situation, is 24 months which will be reached in November 2019.

At that time, the Court will have to render a decision to insure permanency and stability to the child. [ 17 ] The mother will have to make decisions about her daughters’ future and if she decides to have them back with her, she will need to take the necessary steps. She testified sincerely and shows interest to work with the DYP. The purpose of the law is to put an end to the situation in which the children are in danger, in a way to help the parents to be able to assume their parental responsibilities. [ 18 ] The mother has work to do, and the DYP also.

The mother as any other parents, has the right to benefit from services in the town she lives. An agreement of collaboration has to be reached between the DYP from Town A and the DYP from Town B. [ 19 ] During that time, the children will have to receive services adapted to the traumas they suffer after the sexual abuses. In a short period of time, the two girls have been abused by family members. The situation is very serious and required to be monitored closely.

FOR THOSE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the child X, born on [...], 2011, are still in danger; [ 22 ] ENTRUSTS the child to Ms. E as a foster family if she is accredited as such; [ 23 ] AUTHORIZES the reintegration with the mother if the situation allows it; [ 24 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 25 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the child receive specific health care and health services regarding her specific situation, especially regarding sexual abuse; [ 27 ] ORDERS that the Director of Youth Protection provide specific help and counselling to Ms.

E to help her to intervene with a child being abused; [ 28 ] STRONGLY RECOMMENDS that the parents seek help through the Social Services concerning their personal issues in order to ameliorate their parental capacities; [ 29 ] ORDERS that the mother receive help from the Director of Youth Protection from Town A; [ 30 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for modalities, frequency and degree of supervision; [ 31 ] AUTHORIZES the contacts between Mr.

D and the child; [ 32 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the parents and Ms. E;

[ 33 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] ORDERS the police to collaborate to the execution of the enactment; [ 35 ] THE WHOLE until August 7, 2019. __________________________________ PEGGY WAROLIN , J.C.Q. Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Marianne Léonard, attorney for the mother Me Angèle Tommasel, attorney for the father Date of hearing: November 23, 2018