2021 QCCQ 15273, 2021 QCCQ 15273

Protection de la jeunesse — 218769 2021 QCCQ 15273 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000948-197 DATE: September 21, 2021 (written judgment rendered on November 26, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 [SOCIAL WORKER 1] & [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, residing and domiciled at [...] 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 prolong a decision rendered on August 6, 2020, regarding the adolescent X, born on [...], 2005. At that date the Court declared the security and development still endangered and entrusted the adolescent to a foster family until June 30, 2021. [ 2 ] The DYP submits that the situation now allows to return the youth to her mother and so recommend that the adolescent be entrusted to her mother, until September 30, 2022.

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. [ 4 ] X, who is now 16 years old, is absent, but represented by Me Sinnett. She recognizes that her security and development are still endangered and she agrees with the measures. History of the Situation [ 5 ] On June 7, 2019 , the Court was seized with an application for protection. X was 13 ½ 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 to 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 a psychological follow-up), the whole until June 30, 2020. [ 6 ] On August 6, 2020 , the Court revised the situation. X was in Secondary 2 in a French program. She was very concerned by the family situation. She was stressed for her mother, and she reproaches the DYP to make her mother sad.

She feels that she has to help her family financially so she decided in December 2019, to stop going to school and she found a job during the confinement as the mother was not able to go to work. X said being ready and wants to continue her schooling in 2020–2021, but also wants to continue to work. The mother continued to deny the risk of sexual abuse at her place as her boyfriend drastically reduced his alcohol consumption and because he apologized. The mother and her boyfriend never address their personal issues. Since the last order, X remained with her aunt and her uncle who are very good models for her.

The youth completed the therapy with the psychologist and does not want to receive any other kind of help for now. X, despite being very concerned for her mother, expresses the preference to remain under her aunt’s care. The

Court entrusted the adolescent specifically to her aunt. Facts and Analysis [ 7 ] Since the last decision, X continued to go to school and to work at the grocery store. She has difficulty to open up with the DYP worker because the staff change frequently and she dislikes repeating her story to a new one. [ 8 ] At the beginning of the measures, the mother was still living with her spouse, Mr. B and their 2 children. Other referrals were made for them to receive a follow-up with the Social Services, but they did not attend.

The mother stated to the DYP worker that there is no more violence between her and her spouse since August 2020. [ 9 ] Progressively, X stated that she feels comfortable in the presence of Mr. B. She appreciates her visits with her mother and she maintained that she would like to remain entrusted to her aunt. [ 10 ] Mr. B is facing new charges of sexual assault on his niece which are alleged to have been committed in March 2021. [ 11 ] During the summer 2021, X participates to 2 different outdoor activities and she enjoyed it.

When she came back, she stated that she realized being strong enough and decided to go to live at her mother’s place. [ 12 ] She worked full-time during the summer and since the school started, she goes to school daily and she has 2 part-time jobs (grocery store and youth centre). [ 13 ] The foster mother was consulted and she confirms that even if she loves X, she knows that she need her mother. She heard X crying during the night. The foster mother considers that X is capable to protect herself and she commits to remain present to insure X’s safety. [ 14 ] Mr.

B had been arrested and released under condition regarding the charges of sexual assault. He has the conditions not to reside at the mother’s place and not to be alone with his children. [ 15 ] The DYP submits to the Court that according to his evaluation, the situation is safe for X to live at her mother’s place and recommends that a 12-month measures be ordered in that sense.

FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the adolescent X, born on [...], 2005, are still endangered; [ 18 ] ORDERS that the adolescent be entrusted to her mother; [ 19 ] ORDERS that Mr.

B not come into contact with the adolescent; [ 20 ] ORDERS that the adolescent receive specific health care and services such as follow-ups with a professional deemed appropriate and that the adolescent’s preferences are taken into consideration; [ 21 ] ORDERS that the mother and the adolescent report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS that the adolescent and the mother take an active

part in the application of the measures ordered by the Court; [ 23 ] Considering her consent, ORDERS that the mother seek help through the Social Services or another resource deemed appropriate concerning her emotional dependency and personal issues; [ 24 ] AUTHORIZES the Director of Youth Protection to access the information regarding the adolescent and the mother’s presence at appointments with professionals and their level of involvement with the services provided; [ 25 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits; [ 26 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the adolescent and her family; [ 27 ] ENTRUSTS the situation of the adolescent X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE until September 30, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Kelly-Ann Sinnett, attorney for the youth Me Eve Laoun, attorney for the mother Date of hearing: September 21, 2021