2019 QCCQ 14901, 2019 QCCQ 14901

Protection de la jeunesse — 1911246 2019 QCCQ 14901 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 640-41-002404-199 DATE : December 18, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection Workers, duly authorized by the Director of Youth Protection A, working in [...] and X, born on [...], 2008 Child and A Mother and B Father _____________________________________________________________________ JUDGMENT (Section 38 of the Y.P.A.) ______________________________________________________________________ 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 (the Director) submitted an application to the Court to have the security and the development of the child declared to be endangered because he was abused by a third party, Mr. C. The school is also concerned regarding the child’s behaviour. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court to entrust the child to a foster family and that he be gradually reintegrated under the care of his parents as soon as the situation allows it, including a follow-up by Social Services until December 21, 2020. [ 4 ] The mother and father admit most of the facts alleged in the application and they both agree with the recommendations. [ 5 ] On behalf of the child, the lawyer expressed that he agrees with the recommendations. [ 6 ] The evidence reveals the following facts: [ 7 ] The child is 11 years old.

He was 8 at the time of the alleged sexual abuse. [ 8 ] On January 28, 2017, it was alleged that the child was sexually abused by a third party, Mr. C. A non-suggestive interview was submitted to the crown on January 31, 2017, and the file is still under review for a criminal conviction. [ 9 ] On May 23, 2018, a report was received under

section 38 d) 2) for serious risk of sexual abuse from a third party. It was declared that the alleged abuser, Mr. C, was residing in the family home. [ 10 ] On June 8, 2018, it was confirmed that Mr. C would no longer be living with the family. [ 11 ] Despite Mr. C no longer sleeping at the house, on June 13, 2018, the mother stated that he provides great financial support to the family and that he comes to the house on occasion, but he is not left alone with the children.

[ 12 ] The mother has repeatedly questioned the child on whether or not he is lying about the event instead of supporting him. [ 13 ] On July 2, 2018 and April 2, 2019, the parents signed voluntary measures and the child remained with his parents. [ 14 ] The parents did not seek help with Social Services regarding their parental capabilities. [ 15 ] The parents are unable to provide a structured environment to the child. [ 16 ] The school has contacted the mother over the last months to address their concerns regarding the behaviour of the child, and it appears from a letter from [School A] that the concerns are serious. [ 17 ] The parents don’t seem to understand the seriousness of the situation even though they are open to collaborate with the Director. [ 18 ] This collaboration is irregular. [ 19 ] The parents displayed questionable actions, choices and judgment related to allowing Mr.

C into the family home and having him live with them following the alleged event of sexual abuse. It took many meetings and efforts from the Director to explain, emphasize, and ensure that the parents were not exposing their children to Mr. C. [ 20 ] After two years of services under voluntary measures, the family still requires the Director’s involvement in order to ensure that the child is not exposed to Mr.

C in the future and to ensure that the parents will seek support through Social Services regarding their parental capabilities. [ 21 ] The child displays behaviours that his parents do not know how to manage. His level of development is being compromised in regards to his education. He does not attend school and is currently below his grade level. The Director wishes to aid the current foster mother, Mrs.

A, with the collaboration of the parents, to implement structure, have close follow-ups, and aid with the reintegration of the child to the care of his parents. [ 22 ] The Court concludes from all of the evidence that the application is well founded in fact and in law. THERFORE, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of the child are in danger; [ 25 ] ORDERS that the child X be entrusted to a foster family chosen by the institution operating a Child and Youth Protection Center; [ 26 ] TAKES JUDICIAL NOTICE that the foster family will be the one of Mrs.

A; [ 27 ] ORDERS that the child be gradually reintegrated under the care of the parents as soon as the situation allows it; [ 28 ] ORDERS that the child attend school, another place of learning, or participates in a program geared to developing skills and autonomy; [ 29 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, the frequency, and the degree of supervision; [ 30 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or their child’s regard to put an end to the situation in which the security and development of the child are in danger; [ 31 ] ORDERS that the children and their parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 32 ] ORDERS that the children and their parents report in person, at regular intervals, to the Director to inform her of their current situation; [ 33 ] ORDERS that the children not come into contact with certain people designated by the Tribunal, namely Mr.

C; [ 34 ] ORDERS that the children and their family receive the services of an external educator for the period deemed necessary by the professionals; [ 35 ] ORDERS that the parents seek help through Social Services concerning their personal issues; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their family; [ 37 ] THE WHOLE until December 31, 2020.

Signed in ________ on January___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Counsel for the applicant Mtre. Laurence Migué Counsel for the child Mtre. Angèle Tommasel Counsel for the parents Date of hearing: December 18, 2019