2014 QCCQ 20442, 2014 QCCQ 20442

Protection de la jeunesse — 148416 2014 QCCQ 20442 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004446-137 DATE: August 29, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 2004 Child DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B (deceased) JC0B11 Parents

______________________________________________________________________ JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for the extension of a Court decision rendered on December 4, 2013, concerning X, born on […], 2004. [ 2 ] The said decision revises protective measures in place in regard to a situation of neglect stemming primarily from the mother's struggles with mental health issues and alcohol dependency.

As well as other measures of aid and support for one year, the Court determines that the child's interests dictate her removal from her home environment and entrustment in foster care until August 30, 2014. [ 3 ] The Director alleges various elements justifying the extension of protective measures, notably the continued instability of the mother's personal situation. The Director also alleges a new situation of endangerment in that the child is the victim of sexual abuse (brother).

In view of these allegations, the Director proposes the extension of the measures until August 30, 2015, with the child remaining in foster care and the access supervised with her brother. [ 4 ] The parties consign their admissions in the court record and consent to the conclusions sought by the Director of Youth Protection. [ 5 ] ANALYSIS AND DECISION [ 6 ] Since the last judgment, the child remains in the same foster family, where she is evolving positively. [ 7 ] The mother's situation remains precarious.

Shortly following the last hearing in December 2013, she relapses in alcohol consumption and her daughter perceives her intoxication during a visit, which at that time, occur on weekends at the family home. Following this visit, X asks to suspend visits with her mother. [ 8 ] The parties revise this situation in February, and, although they initially agree to resume contacts on a reduced basis, X shows increased signs of psychological turmoil, as the visits are to resume.

This also coincides to her revelation being sexually abused by her brother Y, between the ages of 6 and 8 years old [ 9 ] After an evaluation, the Director retains the complaint as to sexual abuse, concluding that the child's brother Y (15 years old) victimizes X on approximately 5 occasions, culminating with an incident of sodomy. Y resides with his paternal grandmother and the abuse occurs during joint visitation periods with their mother. [ 10 ] The mother is collaborative. She informs the Director that approximately three years ago, her son faces charges of sexually assaulting two young girls.

Although X affirms a being in a similar situation at the time, the mother chooses to not inform the authorities, considering that her son learns his lesson. She confirms speaking to her son, which has little impact, considering that incidents of abuse occur afterwards. [ 11 ] X maintains her version of events and gives specific details establishing the credibility of her affirmations. Y is awaiting the outcome of criminal proceedings in relation to these incidents.

He denies his culpability, but tells the caseworker that he will plead guilty in order to avoid a hearing. [ 12 ] In view of the situation, it is decided to suspend X's physical contacts with her maternal environment, in view of attending to her psychological needs. X agrees with this position. Phone contacts continue. [ 13 ] In May, X commences a follow-up with [Organism A] . [ 14 ] In June 2014, the mother renews her commitment to sobriety and integrates an alcohol dependency program.

She also seeks the support of [Organism B] . [ 15 ] At the child's request, contacts renew on a supervised basis, progressing from phone calls to supervised visits occurring twice a month. The contacts proceed well, although X shows hyper vigilance and restraint. [ 16 ] In view of the evidence, the Court is satisfied that the facts brought forth justify the revision, as well as the extension, of protective measures.

The Court retains that the situation of sexual abuse endangers the child's security and development, considering the proximity of the abuser, his history of inappropriate sexual conduct and the mother's inability to effectively supervise the situation. [ 17 ] Presently, the parties agree that the supervision of her visits with her mother comforts X, permitting her to benefit from her mother's presence. All consider that even if supervision is in application presently, it is possible to establish contacts following mutual agreement, which allows the malleability dictated by the circumstances.

The Court agrees that such a structure is in the child's best interests. [ 18 ] FOR THESE REASONS, THE COURT:

[ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and the development of the child are still in danger; [ 21 ] DECLARES that the security and development of the child are also in danger due to situation of sexual abuse; [ 22 ] EXTENDS AND REVISES the Court order rendered on December 4, 2013; [ 23 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or to her child's regard to put an end to the situation in which the security or development of the child is in danger; [ 24 ] ORDERS that the child be entrusted to a foster family chosen by Le Centre jeunesse A until August 30, 2015; [ 25 ] ORDERS that the contacts between the child and her mother be determined upon agreement between the parties; [ 26 ] ORDERS that the contacts between the child and her brother Y be upon agreement and in the presence of a third party designated by the Director of Youth Protection; [ 27 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the child and her family until August 30, 2015; [ 28 ] ORDERS that the child and her mother take an active

part in the application of the measures ordered; [ 29 ] RECOMMENDS that the mother continue her follow-up in regard to her alcohol consumption problem; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: August 29, 2014