2017 QCCQ 18626, 2017 QCCQ 18626

Protection de la jeunesse — 179057 2017 QCCQ 18626 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-031445-166 DATE : March 28, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2002 Director of Youth Protection of Youth and Family Centres A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING : Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to declare that the security or development of the adolescent is endangered as a result of serious behavioural disturbances stemming from inappropriate sexual behaviours towards his half- siblings. [ 2 ] Essentially, the Director submits that the adolescent has subjected three of his younger half-siblings to gestures of a sexual nature. [ 3 ] Consequently, the Director is asking that the adolescent be entrusted to his paternal grandmother along with other corrective measures, namely, a social follow-up and participation in the Challenges Program. [ 4 ] Having no personal knowledge of the events in question, the parents ignore the majority of the allegations but acknowledge that the adolescent admits to certain incidents pertaining to the state of endangerment.

They both consent to the measures proposed. [ 5 ] Through his lawyer, the child admits certain allegations in relation to two of his half-siblings. He consents to the measures proposed. The Context [ 6 ] The family has a longstanding history with youth protection services stemming from recurring issues of neglect, lack of supervision, the mother’s substance abuse as well as the use of unreasonable methods of discipline. [ 7 ] There were also concerns regarding the adolescent’s sexually inappropriate behaviour with his younger half-siblings as well as anger issues.

After years of intervention, the adolescent was eventually integrated to his father’s care in 2015 and his file was closed upon the expiration of the measures. The State of Endangerment [ 8 ] On June 23, 2016, the Director retained a signalement alleging that the adolescent had sexually abused three of his younger half-siblings. In the course of the ensuing investigation, interviews with the half-siblings revealed that the adolescent had engaged in the touching and grabbing of their genitals or would rub up against them in a sexual manner. Some of these incidents occurred in a state of undress.

It was further revealed that the adolescent had encouraged them to watch pornography. The children expressed distress as they

described the events. [ 9 ] At the time of the evaluation of the signalement , the adolescent acknowledged events of the same nature occurring years earlier but denied anything more recent. Since then, he concedes through his lawyer that for at least two of his siblings, the allegations are accurate and amount to serious behavioural disturbances. [ 10 ] The allegations are serious not only in their nature but in their recurrence. By his behaviour, the adolescent exposes himself as well as his half-siblings to serious prejudice. [ 11 ] The Court is encouraged by the youth’s admissions of responsibility.

Nevertheless, the evidence indicates that he tends to downplay the seriousness of the events in question as well as the impact on his siblings, contributing thereby to the risk factors. [ 12 ] Considering the parties’ admissions as well as the content of the reports filed into evidence, the Court concludes that the security and development of the adolescent are endangered as a result of serious behavioural disturbances.

The Measures [ 13 ] The adolescent has been entrusted to his paternal grandmother under provisional measures since August 1, 2016. [ 14 ] Since then, the adolescent’s situation is relatively stable with the exception school. He struggles academically and was suspended for rudeness in September 2016. [ 15 ] He has recently begun the Challenges Program which targets youth with sexual behaviour problems. He is on the verge of completing the initial assessment which will be followed by a treatment plan.

His participation is positive and he appears engaged in the process. [ 16 ] The adolescent has also begun taekwondo classes, allowing him the benefit of a structured activity. [ 17 ] The social worker further recommends family counselling considering the history of prior youth protection involvement and the multiple issues previously identified. The parents consent to the measure and the social worker is currently organizing this service. [ 18 ] Although the father has never called into question the veracity of the allegations, the mother has at times encouraged her children to remain silent on the issue.

While she agrees to the implementation of services for the adolescent, she refuses to discuss the events other than to question their occurrence.

In her son’s interest, the Court invites the mother to support the intervention process. [ 19 ] Considering the consent of the parties as well as the needs of the adolescent, the Court concludes that the proposed measures are in his best interest. [ 20 ] THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and the development of the adolescent are compromised as a result of serious behavioural disturbances; [ 23 ] ORDERS that the adolescent be entrusted to the care of his paternal grandmother C; [ 24 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the DYP; [ 25 ] ORDERS that the adolescent receive therapeutic services via the Challenges Program or any other appropriate program to address his issues; [ 26 ] RECOMMENDS that the family undergo family counselling; [ 27 ] RECOMMENDS that the adolescent participate in a structured activity and TAKES JUDICIAL NOTICE that he is currently attending taekwondo classes; [ 28 ] ORDERS that contacts between the adolescent and his siblings be supervised; [ 29 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 30 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On April 3, 2017

__________________________________ KAREN OHAYON, J.C.Q. Me Myriam De Blois Attorney for the D.Y.P. Me Caroline McKenna Attorney for the child Date of hearing: March 28, 2017 KO/lf