2011 QCCQ 9400, 2011 QCCQ 9400

Protection de la jeunesse — 112771 2011 QCCQ 9400 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-003945-113 DATE: June 6 th , 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF : X Born : […], 1995 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A ; Petitioner -and- A , residing at […], town A (Quebec), district A; -and- B , residing at […], town B (Quebec), district A; Parents of the youth -and- JD2182 COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director submits to the court a motion for protection concerning the youth X, born on […], 1995. [ 2 ] The Director represents that the security and development of the adolescent are in danger for the reasons listed in

paragraph three of the motion. [ 3 ] Since 2004, the director has been involved regarding sexual abuse allegations from the father. On March 14 th , 2005, the court declared that the situation of the child was compromised regarding the sexual abuse. [ 4 ] On April 6 th , 2005, the father pleaded guilty under

section 271 of the Criminal Code concerning his daughter. During 2006, the father participated in a therapy for sexual offender. [ 5 ] On January 22 nd , 2007, the director decided to close the file of the youth because her situation was no longer requiring protection services but was referred to CSSS. [ 6 ] During summer 2007, at the child's request, the mother authorized the contact between the child and the father. Until summer 2010, the youth saw her father on an irregular basis. [ 7 ] During summer 2010, the youth decided to spend the entire summer at her father's house.

In September, she was placed in a rehabilitation center under LSSSS regarding her behavioural difficulties. [ 8 ] On January 18 th , 2011, the director received a new signalement concerning sexual abuse allegations from the father toward the youth.

At the request of the mother and the youth caseworker from rehabilitation center of the youth, the contacts with the father were suspended. [ 9 ] On March 2 nd, 2011, the petitioner met the youth at the mother's house and received the following verbalizations from her: during summer 2010, her father put his hand on her thigh on few occasions mentioning to her « I love you X ». Also, the father gave her kisses on her mouth. On December 31 st , 2010, her father offered her drink alcohol and during the night, he went to bed with her and after she passed out.

The next morning when she woke up, her father kissed her on her neck, on her chest and above her breast. [ 10 ] On March 17 th , 2011, the father was arrested by Sûreté du Québec. The father recognized to the police a part of the allegations of the youth. No accusations were held against the father. [ 11 ] Since this event, the father was not collaborating with the petitioner and refused or neglected to return her phone calls.

He doesn't want anymore to be implicated in his daughter's life. [ 12 ] The mother is collaborating well with the director. [ 13 ] The youth asks to be maintained in her rehabilitation center and does not ask any contact with the father at the moment, but want supervised contacts when she will be ready. Since January 2011, the youth received psychological follow up. [ 14 ] The court is convinced that the security and development of the youth are compromised because of a situation of sexual abuse from her father.

Also, a situation of neglect exists in his father's house. [ 15 ] The court believes that the recommendations of the youth protection director are appropriate and in the interest of the youth. [ 16 ] Considering the admissions and after the reading of the reports, the court is satisfied and therefore: [ 17 ] MAINTAINS the present motion; [ 18 ] DECLARES that the security and development of the youth X are in danger; [ 19 ] ENTRUSTS the situation of the youth X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of one year ; [ 20 ] ENTRUSTS the adolescent to her mother; [ 21 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the youth and her family; [ 22 ] TAKES ACT that the youth is currently placed under the LSSS law for the next six months on a voluntary placement in a rehabilitation center; [ 23 ] RECOMMENDS that the adolescent maintains her current psychological therapy in regard to the difficulties she has and to help her getting through them; [ 24 ] RECOMMENDS that the father undergo a sexual offenders therapy; [ 25 ] AUTHORIZES the contacts between the youth and her father upon agreement between the parties and in the presence of a third party designated by the youth protection director; [ 26 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS J.C.Q.

Me Véronique Crête Procureure du directeur Me Béatrice Clément Procureure de l’adolescente Date of hearing: June 6 th , 2011