2013 QCCQ 14400, 2013 QCCQ 14400

Protection de la jeunesse — 134968 2013 QCCQ 14400 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000504-131 635-41-000505-138 DATE: September 3, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 Y, born […], 2009 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A City, district A, province of Québec Applicant v.

A , residing and domiciled in A City, district A, province of Québec Mother and B , residing and domiciled in A City, district A, province of Québec Father ______________________________________________________________________ JUDGMENT (sections 38 and 75 of the Youth Protection Act ) ______________________________________________________________________ I – INTRODUCTION [ 1 ] The Director of Youth Protection seized the Court of an application to have the security and development of the children X, born on […], 2007, and Y, born on […], 2009, declared to be in danger based on the fact that they were sexually abused. [ 2 ] The parents admitted the facts alleged but denied being the perpetrators of the sexual abuse.

They agreed with the proposed measures. II – THE FACTS [ 3 ] On January 22, 2013, the mother took her daughter Y to the hospital because the child had vaginal secretions. The lab tests revealed that the child had gonorrhoea. Her sister X was examined on January 23, 2013 and she also tested positive for gonorrhoea. The physician confirmed that the children were sexually abused considering that the disease can only be transmitted by skin contact. [ 4 ] Between December 30, 2012 and January 18, 2013, the mother entrusted the children to several relatives.

She was in A City for medical purposes. [ 5 ] The mother disclosed to the social worker that she did not suspect anyone from her entourage. She said that she did not know anybody who had gonorrhoea. It was decided at that time to leave the children under the care of the mother. She agreed to be present at all times and seemed to be protective. [ 6 ] On January 25, the Sûreté du Québec conducted a non-suggestive interview with both children. The mother was present and very cooperative. The children refused to reveal information.

They were shy and uncomfortable. [ 7 ] On February 4, 2013, the police received a call from a member of the community who had seen a little girl with a drunk guy. The little girl was identified as X. [ 8 ] The mother was confronted about the police intervention. She explained that the child left the grandmother's house without authorization with her uncle. [ 9 ] On February 15, 2013, the applicant was informed that both parents had been treated for gonorrhoea over the last weeks. Moreover, that was why the mother had to be treated in A City.

The mother had taken the treatment but had become infected again since coming back to the community. [ 10 ] On the same day, an immediate protective measure was taken to ensure the security of the children. Both parents agreed that the home of the maternal grandparents would be a good environment in which to place the children.

[ 11 ] On February 20, 2013, the father was met in the presence of the mother. He swore that he did not do anything to his daughters. He agreed to a provisional measure. Contact between the children and the father would have to be supervised by the grandmother at the grandparents' place. [ 12 ] According to the investigation done by Mr. C, S.Q. investigator, all the adults in the parents' household were infected by gonorrhea: the mother, the father, the mother's brother and his girlfriend. [ 13 ] On March 19, 2013, a provisional order was rendered by the Honourable Claude P. Bigué.

The children were entrusted to the maternal grandparents. [ 14 ] On May 7, 2013, the provisional order was extended until the next Court hearing, on June 11, 2013. III – ISSUES TO BE RESOLVED [ 15 ] The parents admitted that the security and development of the children are in danger under

section 38(d)(1) and (2) of the Youth Protection Act because the children were victims of sexual abuse and also considering that the children run a serious risk of being subjected to sexual abuse. [ 16 ] In fact, the parents recognized the fact that someone committed sexual assault toward their daughters, but denied being the perpetrators. [ 17 ] The parents agreed with the recommendation of the social worker to entrust the children to the maternal grandparents and to have contact between the father and the children supervised by a third party.

They also agreed that the mother will have contact with the children at her parents' place. IV - ANALYSIS [ 18 ] The evidence shows that both children tested positive for gonorrhoea, which confirms that they were sexually abused. [ 19 ] Despite the investigation, it has not been possible to identify the abuser. The mother hid information from the Director of Youth Protection concerning the members of her household who are infected with gonorrhoea. [ 20 ] The mother does not show a protective attitude for the safety of her daughters.

However, since the situation was discovered, she has offered good cooperation and has complied with the measures put in place to ensure the safety of the children. [ 21 ] The children are attached to the parents, particularly to the mother, and express feelings of missing her a lot. [ 22 ] The family members are an important and protective resource to support the children. The maternal and paternal grandparents cooperate with the Director of Youth Protection and, according to the agreement, are able to protect the children. [ 23 ] The social worker is of the opinion that Mrs. D and Mr.

E are able to meet the needs of the children, including the necessity to be vigilant and avoid leaving the children alone with the father or the maternal uncle Mr. F. [ 24 ] In the case at bar, the evidence shows that the grandparents provide a stable and safe environment for the children.

Moreover, they provide a possibility for the children to have regular contact with the parents in a safe environment. [ 25 ] The court believes that the interest of the children is to stay with the extended family for a period of six months, during which time the investigation will be completed. [ 26 ] The parents must be aware that their cooperation and their willingness to comply with the conditions imposed by the Court are essential to maintaining the children in the family environment.

If the parents or the grandparents fail to respect the Court order, the situation of the children will have to be reviewed, considering the gravity of the facts endangering their security and their high level of vulnerability. [ 27 ] FOR ALL THESE REASONS, THE COURT: [ 28 ] GRANTS the motion; [ 29 ] DECLARES that the security and development of the child Y, born on […], 2009, are in danger under the

section 38(

d) of the Youth Protection Act; [ 30 ] ORDERS all the measures for a six (6) month period; [ 31 ] ENTRUSTS the two (2) children to their maternal grandparents Mrs. D and Mr. E; [ 32 ] ORDERS that contact between the mother and the children must be at the grandparents’ place; [ 33 ] ORDERS that contact between the father and the children must be supervised at all times by a third party, who may be the grandparents or a person designated by the Director of Youth Protection; [ 34 ] ORDERS that the maternal uncle, Mr.

F, not be in contact with the children unless supervised by a third party, who may be the grandparents or a person designated by the Director of Youth Protection; [ 35 ] ORDERS that the parents undertake to take an active

part in the application of the measures designed to put an end to the

situation in which the security and the development of the child are in danger; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family for a six (6) month period; [ 37 ] ORDERS that the children receive all medical care and social services for sexual abuse that may be required following an assessment of the situation. [ 38 ] ENTRUSTS the situation of the child to the Director of Youth Protection, who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q. Mtre.

Marie-Claude De Gagné Counsel for the children Mtre. Myriame Gaudreault Counsel for the parents Mtre. Robert-André Adam Counsel for the applicant Date of hearing: June 11, 2013