2023 QCCQ 7408, 2023 QCCQ 7408

Protection de la jeunesse — 231486 2023 QCCQ 7408 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 555-41-000243-235 DATE: March 21 st , 2023 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on […], 2006 Adolescent and A B Parents ______________________________________________________________________ JUDGMENT (sections 38 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 ] The Court is seized of a motion for protection in the situation of X, aged 16, alleging that her security and development are endangered because of a situation of sexual exploitation (sexual abuse) and a serious risk of neglect. [ 2 ] In terms of measures, the Director of Youth Protection (the Director) recommends that the adolescent be entrusted to a rehabilitation centre for a period of four months, with progressive reintegration into the mother’s home if the situation allows it.

The Director also recommends that contacts between the adolescent and her parents be determined by agreement between the parties, respecting the adolescent’s wishes. Several follow-ups are also recommended for the adolescent and the mother, the whole for a period of 12 months. [ 3 ] The adolescent admits both motives as well as the essential facts alleged in support of the motion, with a few clarifications. She agrees with the Director’s recommendations but proposes that her stay at the rehabilitation centre be limited to three months, bearing in mind the month she already spent at the centre.

The Director agrees with that proposal. [ 4 ] The mother admits the first alleged motive (sexual abuse) and does not contest the second (serious risk of neglect); she agrees with the proposed measures to address the situation. [ 5 ] Although aware of the proceedings, the father is not in attendance. He has expressed to the social worker his agreement with the motion and the proposed measures and that he had no desire to come to Court. ANALYSIS

[ 6 ] The Director previously intervened in the situation of this family on grounds of educational neglect, serious risk of neglect, psychological ill-treatment, physical abuse, and serious behavioral disturbance. [ 7 ] This led to the adolescent being entrusted to a foster family from 2017-2020 and to a rehabilitation centre in 2021 prior to being returned under her mother’s care. The file was closed in 2022. [ 8 ] On February 20 th , 2023, the adolescent was found by police in a hotel room in Town A as part of the dismantling of a child prostitution network.

The police also found advertisements offering the adolescent’s services on prostitution websites. [ 9 ] Following the police intervention, the adolescent was entrusted to a rehabilitation centre, where she remains to this day. She is making progress in terms of recognizing the dangers she put herself in and the seriousness of the situation. She admits she was part of a prostitution network and wishes to receive help in that regard. She requires care and services to protect her from further sexual exploitation and to address her personal issues.

She is also currently pregnant. [ 10 ] Concerns remain in relation to the parents’ substance abuse issues (drugs for the father and alcohol for the mother). The mother claims to have received services in the past and that she is now sober. She is willing to receive additional services in the hope that she can soon welcome her daughter back home. [ 11 ] The evidence is conclusive that the adolescent’s security and development are endangered for the motives alleged by the Director. The proposed protection measures are in the adolescent’s interest, well suited to her needs and respectful of her rights.

All are in agreement with the proposed way forward to put an end to this situation. [ 12 ] THEREFORE THE COURT : [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the adolescent’s security and development are endangered because of a situation of sexual exploitation (sexual abuse) and a serious risk of neglect; [ 15 ] ORDERS the implementation of the following protection measures:

a) That the adolescent be entrusted to a rehabilitation center for a period of three (3) months with progressive integration at the mother’s home if the situation allows it;

b) That contacts between the adolescent and the mother be determined by agreement between the parties, while respecting the adolescent’s wishes;

c) That the contacts between the adolescent and the father be determined by agreement between the parties, while respecting the adolescent’s wishes;

d) That the parents collaborate in the social follow-up, particulaly in the development and application of the intevention plan;

e) That a person authorised by the Director of Youth Protection [of the region A] Integrated Health and Social Services Center provide aid, counsel and assistance to the adolescent and the family for a period of 12 months; [ 16 ] RECOMMENDS :

a) That the adolescent participate in and successfully complete the services concerning the sexual abuse of which she has been a victim (organism A);

b) That the mother receive services in relation to be equipped with regards to the dynamics of sexual exploitation (sexual abuse) and that she receive services in relation to her alcohol consumption and the supervision to be offered to the adolescent; [ 17 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Kevin Dupéré Counsel for the Director of Youth Protection M e Amélie Samson Counsel for the adolescent A Mother

B Father – absent from the hearing Date of hearing: March 21 st , 2023