2020 QCCQ 15235, 2020 QCCQ 15235

Protection de la jeunesse — 209323 2020 QCCQ 15235 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 635-41-000948-197 DATE: August 6, 2020 (written judgment rendered on August 20, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 [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 (Quebec) Applicant and A, residing and domiciled at […], in Town A, district A (Quebec) Mother ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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) asks the Court to review and prolong a decision rendered on June 7, 2019, regarding the adolescent X, born on [...], 2005. At that date the Court declared the security and development endangered and entrusted the adolescent to a foster family until June 30, 2020. [ 2 ] The DYP submits that the situation does not allow to return the youth to her mother and that the placement in a foster family has to be prolonged until June 30, 2021.

Position of the parties [ 3 ] The mother is present and represented by Me Laoun. She recognizes that the security and development of her child are still endangered and she agrees with the measures, but asks for more contacts with her daughter including sleepovers. [ 4 ] X, who is now 15 years old, is present and represented by Me Sinnett. She recognizes that her security and development are still endangered and she agrees with the measures, but asks for more regular visits with her mother. History of the Situation [ 5 ] On June 7, 2019 , the Court was seized with an application for protection.

X was 13 and a half years old. She lived with her mother, her mother’s boyfriend and her little half-brother. During the last years a few reports were received regarding sexual abuse from the mother’s boyfriend. Some of those allegations were false while some were true. In May 2017, the mother signed voluntary measures and X was entrusted to an extended family member. She came back under her mother’s care in January 2018, because the boyfriend had the criminal condition not to live in the same village. In April 2018, the mother signed consent for her boyfriend to be back.

The mother and X were convinced that there was no more risk of sexual abuse. X benefited from an art therapy and a psychological follow-up. The boyfriend pleaded guilty to the sexual assault committed in 2014 on X. He was detained for a while. He also pleaded guilty for the sexual assault committed in 2017, but he was still waiting for his sentence. While he was in the village, X was entrusted again to an extended family member. The Court declared that the security and development of the adolescent were endangered [1] and entrusted her to a foster family.

The Court authorizes the return under the mother’s care following strict conditions and ordered that she receive medical care (notably art therapy and psychological follow-up), the whole until June 30, 2020. [ 6 ] On June 12, 2020 , because of a lack of time to proceed, the Court rendered a provisional measure and maintained the measures previously ordered. Facts [ 7 ] X is now 14 years old. She is in Secondary 2 in a French program. She is described as very smart, mature and very active in her community.

She completed her therapy with the psychologist but, because the psychologist reported that she continued to be at risk of sexual abuse, she expressed not trusting him and not being willing to receive more service from him.

[ 8 ] The youth is very concerned by the family situation. She is stressed for her mother. She reproaches the DYP organization to make her mother sad. And also, she feels that she has to help her family financially so she decided in December 2019 to stop going to school. She found a job and she helped her mother financially during the confinement as the mother was not able to go to work. Since the mother resumes her job, X is not helping her anymore. [ 9 ] X said being ready and wants to continue her schooling in 2020-2021.

If it is possible, she also wants to continue to work. [ 10 ] The mother continues to consider that her daughter is not at risk at her place be-cause the sexual abuse occurred when her boyfriend was highly intoxicated. Since then he drastically reduced his alcohol consumption, so for the mother, there is no more risk. Also, she spoke with her boyfriend about what he did and he apologized. Moreover, she is always at home when X is there, so, according to her, nothing wrong could occur. [ 11 ] In March 2020, the mother was referred to Social Services to address her emo-tional dependency and personal issues.

Her boyfriend was also referred for his sub-stance abuse, personal issues, and to raise awareness and reduce the risk of sexual abuse. They were supposed to have weekly sessions, but they never went. At the hea-ring, the mother testifies that she accept to receive this help. She recognized she did not during the last months for different reasons (work schedule, children at home, etc.). [ 12 ] For the DYP, it is not possible to reintegrate the youth as the mother and her spouse did not take any step to address their issues and do not recognize any difficulty.

Moreover, it is not X’s responsibility to protect herself against the risk of sexual abuse nor to provide financially for her family. [ 13 ] Since the last order, X remained with her aunt, Ms. B and her spouse, Mr. C, former foster parents. She is doing very well there. Ms. B is a very good model for her. X feels at ease with her foster parents, and her needs are well answered. [ 14 ] For a certain period in June and July 2020, Ms. B had to go to Town B.

X was entrusted to another family member, but this person had a verbal argument with the mother about the way she speaks to X and decided to stop fostering the youth. She was entrusted to Ms. B’s brother. [ 15 ] Ms. B came back on July 29, 2020, and she is now in quarantine. X is temporarily entrusted to the foster family of Mr. and Ms. D and she is doing well. As soon as Ms. B’s quarantine is finished, X will be back under her care. [ 16 ] At the beginning of July 2020, X changed her mind and express being open to receive services from the Social Services on a weekly basis. A referral was done immediately.

X met once with the social worker, but finally decided not to benefit from the follow-up saying that she does not feel ready for that now. The DYP worker will keep a eye on the situation to be able to refer her as soon as she feels ready and asks for such follow-up. Analysis [ 17 ] Since the last decision, X’s situation made ups and downs. She lives with her past traumas and as she refused to receive services, those traumas were not addressed.

Also, the mother and her boyfriend do not seem to understand the seriousness of the situation. [ 18 ] In the […] culture, the fact that someone apologies for his gesture is often enough to turn the page. The Court is well aware of that and respect that. But that is the point of view of the mother. She forgave her boyfriend for what he did. That does not mean that X, the victim, forgave him. [ 19 ] X accepts the measures recommended by the DYP. This is an evidence that she prefers to be in a foster family rather than at her mother’s place.

As she deeply loves her mother and cares for her, this shows obviously that she does not feel secure at home. [ 20 ] The mother needs to understand her daughter’s point of view. She has the right not to feel safe and she has the right not to forgive her stepfather. The desire and the pace of the adolescent have to be respected. To facilitate the situation, the mother has to accept that it is her responsibility to make her daughter feeling safe.

The DYP asks for a concrete safety plan, because it is precisely such plan that could help X to feel secure. [ 21 ] During the last year, X has been ambivalent on many aspects of her life: schooling, Social Services follow-up, foster family vs going back home, etc. She has to be helped and supported in the different spheres of her life. Her aunt and actual foster mother is certainly an asset for her. X has to be entrusted specifically to her aunt.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and development of the adolescent X, born on [...], 2005, are still endangered; [ 24 ] ORDERS that the youth be entrusted to Ms.

B and that she be entrusted to her as a foster family if she is accredited as such; [ 25 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 26 ] ORDERS that the youth receive specific health care and services such as a follow-up with a professional deemed appropriate and that the youth’s preferences are taken into consideration; [ 27 ] ORDERS that the youth and the foster family receive the services of an external educator for the duration of the measure; [ 28 ] ORDERS that the youth and the mother take an active

part in the application of the measures ordered by the Court and fully

collaborate with the Director of Youth Protection; [ 29 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 30 ] RECOMMENDS that the mother seek help through Social Services or another resource deemed appropriate for her emotional dependency, her personal issues and to give her tools to be able to protect her daughter and to prevent any other sexual abuse; [ 31 ] AUTHORIZES the Director of Youth Protection to access the information regarding the youth and the mother’s presence at appointments with professionals and their level of involvement with the services provided; [ 32 ] ORDERS that the frequency, modalities and degree of supervision of the contacts between the youth and the mother during night time be determined by the Director of Youth Protection; [ 33 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection is in agreement with contacts between the adolescent and the mother during day time; [ 34 ] ORDERS the mother and the youth to respect the modality of contacts established by the Director of Youth Protection; [ 35 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the mother’s residence when the youth is present; [ 36 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth, the mother and the foster family; [ 37 ] ENTRUSTS the situation of the adolescent X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 38 ] THE WHOLE until June 30, 2021. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Kelly-Ann Synnett, attorney for the child Me Eve Laoun, attorney for the mother Date of hearing: August 6, 2020