2022 QCCQ 9176, 2022 QCCQ 9176

Protection de la jeunesse — 225405 2022 QCCQ 9176 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 555-41-000174-190 DATE: September 13 th , 2022 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the CISSS A Applicant 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 ] The Court is seized of a motion under

Section 95 of the Youth Protection Act , whereby the Director of Youth Protection is seeking the revision and extension of the decision rendered by this Court on November 26 th , 2020 in the situation of the child X, now aged 6. [ 2 ] On that day, the undersigned found the child’s security and development to be endangered as a result of a serious risk of sexual abuse by the father and ordered that she be entrusted to her mother, along with several other protection measures. [ 3 ] In light of new facts (including the parents’ recent separation), the Director recommends that the child be maintained under the mother’s care and that contact between the child and her father continue to be supervised. [ 4 ] The parties have come to an agreement on the new facts and the revised protection measures, with two exceptions: The Director and the mother argue that the father’s contacts should be supervised by someone other than the paternal grandparents and that the contacts between the child and the paternal grandparents should be supervised.

The father disagrees, as does the child’s counsel. These are the only two issues in dispute. [ 5 ] For the reasons outlined below, the undersigned finds that the paternal grandparents should be allowed to supervise the contacts between the father and the child. As to the contacts between the child and the paternal grandparents, supervision is unwarranted. ANALYSIS [ 6 ] Since the last ruling, the mother has received the recommended services in relation to sexual abuse. While she was provided with all the tools needed to help her deal with the child’s situation, she was deemed unable to apply them.

As to the father, he agreed to undergo therapy in relation to the sexual abuse, but the service came to an end following his refusal to admit that he committed any wrongdoing. [ 7 ] The parents separated in April 2022. In the circumstances, all agree for the child to be maintained under the mother’s care and for contacts between the child and the father to remain supervised.

The Director’s concerns regarding the grandparents being allowed supervise the father’s contacts or to even see the child unsupervised are twofold. [ 8 ] The first concern relates to the grandparents’ own reluctance to believe that the father ever sexually abused the child’s step-

sister. This is nothing new [1] . Despite their belief that the abuse never occurred, the grandparents have had regular and unsupervised contacts with the child up until the parents separated in April 2022. The father’s other child – Y, whom the Court also found to be at serious risk of sexual abuse – is currently entrusted to the paternal grandparents. He has regular access to his father under the grandparents’ supervision, with the Director’s blessing. [ 9 ] The Director’s second concern has to do with the child potentially being exposed to conflicts arising from the parents’ recent breakup.

More specifically, the Director fears that the child’s relationship with her mother and with her step-sister (the sexual abuse victim) may suffer from exposure to negative discourse from the paternal grandparents. [ 10 ] There is no conclusive evidence that the child is either exposed to, or involved in, any conflict between her parents.

Further, while the mother and the paternal grandparents may be somewhat ill at ease in their communications since the breakup, there is no evidence of a conflict between them. [ 11 ] At present, the main impact suffered by the child following her parents’ breakup is that she’s been deprived of regular contacts with her father as well as with her paternal grandparents. [ 12 ] The paternal grandparents undertook before this Court to refrain from exposing the child to any negative discourse towards the mother or the child’s step-sister.

They made it clear that they will not tolerate such behaviour or discourse under their watch. [ 13 ] The evidence reveals no necessity to supervise the contacts between the child and the paternal grandparents or to prevent the paternal grandparents from supervising the contacts between the child and her father.

Given the particulars of this file, this may in fact be the best way to foster regular and normal contacts between the child and members of her family on the father’s side. [ 14 ] As to the frequency of such contacts, the Court finds merit to the father’s counsel’s suggestion that unless otherwise agreed by the parties, they be held every other weekend, from Friday after school to Monday morning at school. [ 15 ] FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the motion in part; [ 17 ] DECLARES that the security and development of the child remain endangered because of a serious risk of sexual abuse by the father; [ 18 ] REVISES AND EXTENDS the decision rendered by this Court on November 26 th , 2022; [ 19 ] ORDERS the implementation of the measures for a period of 12 months:

a) That the child be entrusted to her mother;

b) That contacts between the child and her father be supervised by the paternal grandparents, Mrs. C or Mr. D; unless otherwise agreed by the parties, contacts will take place every other weekend, from Friday after school to Monday morning;

c) That the child receive the services and care required by her state;

d) That the child attend school;

e) That the parents participate and collaborate in the elaboration and application of the intervention plan

f) That a person working for the CISS A offer aid, counsel and assistance to the child and the family; [ 20 ] RECOMMEND that the parents receive services regarding their parental abilities; [ 21 ] 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 Kevin Dupéré Counsel for the Director of Youth Protection M e Émilie Laplante Counsel for the child M e Manon Guitard Counsel for the mother M e Nadine Parent Counsel for the father

Date of hearing: September 13 th , 2022.