2022 QCCQ 6378, 2022 QCCQ 6378

Protection de la jeunesse — 222274 2022 QCCQ 6378 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-000758-174 DATE: April 20, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2006 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 Director of Youth Protection (DYP) submitted an application to the Court to review the decision rendered on October 10, 2019, entrusting the adolescent to the foster family of C and D until she reaches the age of majority. [ 2 ] On February 21, 2022, the adolescent disclosed to the school’s social worker that she had been sexually abused by the foster father, D. [ 3 ] She said that she has been a victim of sexual abuse over the past two years and reported three episodes of sexual abuse per week. [ 4 ] According to the social worker’s statement, she was very emotional and anxious when she shared the information with her.

She stated that she was trying to get out of this situation and stop having intercourse with her foster father, but he threatened to commit suicide. She was also afraid of people’s reaction and fearing what would have happened to her and her foster father. That is why she kept it a secret. [ 5 ] The adolescent gave a non-suggestive interview by video to the police in Town B. She described in detail the incidents of sexual abuse and how it all began.

She also mentioned the different places where the sexual abuse took place, for example, in the kitchen, in the bedroom, in the blue van, and in a boat. [ 6 ] The relationship between the adolescent and the foster mother was difficult so the foster father mainly took care of her. According to the evidence, their relationship was that of a couple. The foster father even asked the adolescent if she wanted to have a baby with him. [ 7 ] The foster father had a position of authority over the adolescent while he was playing a parental role with her.

He took advantage of his situation to sexually abuse her. [ 8 ] The evidence clearly showed that the adolescent was a victim of sexual abuse and her development has to be declared to be endangered under

section 38(d)(1) of the Youth Protection Act. [ 9 ] On February 21, 2022, the adolescent and her siblings were removed from the foster family of C and D, and urgently transferred to another foster home. The adolescent and her two sisters are being fostered in the same resource. The three children are still going to the same school as they were attending before the disclosure. [ 10 ] The recommendation of the DYP is to maintain the children with a foster family down South to preserve their support network.

They have friends and reliable adults on whom they can rely. They still go to school at the same establishment. [ 11 ] The adolescent X received professional help from CAVAC, from a psychologist, and from school services. The children will require intensive support by professionals in the coming months, as they have experienced a traumatic event. [ 12 ] The mother’s situation is still the same. Her situation is unstable as she is homeless in Montreal. She is still struggling with alcohol consumption and mental health issues.

The DYP has not received any news from the mother since September 2021. [ 13 ] The mother said that she was shocked by the sexual abuse done by the foster father. Her daughter was supposed to be protected but instead she has been sexually abused for many years. She wants the children placed in region A instead of region B. [ 14 ] The possibility that the children will return [in region A] is still an option.

The DYP recommends that the children stay with a foster family for the next year to assess all the possibilities with regard to the needs of the children. [ 15 ] The Court agrees that it is important for the children to stay at the same school and keep a supportive network around them. They have experienced traumatic events and they have to adapt to a new environment. [ 16 ] The next year will make it possible to assess the situation of the children and make decisions to have a plan for their future in their best interest.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of X, born on […], 2006, are still in danger and ADDS

section 38(d)(1) of the Youth Protection Act because she was subject to sexual abuse; [ 19 ] ORDERS that the adolescent be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 20 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 21 ] ORDERS that the adolescent and the parents take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the parents remain sober in the presence of the adolescent; [ 24 ] ORDERS that the parents seek help through social services or another resource deemed appropriate concerning their alcohol, drug, and personal issues; [ 25 ] ORDERS that the mother receive service from professionals regarding her mental health issues; [ 26 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ attendance at appointments with professionals and their level of involvement with the services provided; [ 27 ] ORDERS that contact between the adolescent and the parents be determined by the Director of Youth Protection with respect to the terms, frequency, and level of supervision; [ 28 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and grant them to the Director of Youth Protection or any other person designated by the Court regarding health, school, extracurricular activities, travelling and passport, and driver’s licence; [ 29 ] ORDERS that the police collaborate to execute this judgment; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the adolescent and her parents; [ 31 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out; [ 32 ] THE WHOLE until June 30, 2023.

Signed in Town C on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Nada Boumeftah For the adolescent Mtre Geneviève Apollon For the applicant Mtre Gabrielle Francoeur For the mother Date of hearing: April 20, 2022