2018 QCCQ 18071, 2018 QCCQ 18071

Protection de la jeunesse — 188969 2018 QCCQ 18071 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-002163-183 DATE: October 23, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A. working in Town A, Quebec, district A Applicant and A, unknown address [...] , district A Mother and B, residing and domiciled [...], district A Caregiver ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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) A submits to the Court an application asking to declare the security and development of X, 13 years old, in danger in regard to

section b) 1) (iii)

c) and d)

(2) Y.P.A. [ 2 ] At the hearing, the mother is absent but represented by Me Angèle Tommasel. The caregiver already acknowledged as an interested party is present assisted by Me Marianne Léonard. Me Cassandra Neptune represents the child and Me Sarah Bourgeois Lessard the applicant. [ 3 ] The parties admit most of the allegations concerning X’s situation and agree with the measures recommended. Mr B is the mother’s spouse until March 2016 and is involved in the child’s life.

He acts as a father figure for X since many years. [ 4 ] Since the separation, Mr B is the main caregiver of the child and the mother is not involved in her life any more. [ 5 ] Last October 13, 2017, the Director received a report regarding the child as an event of violence occurred at home as Mr B was highly intoxicated. He displays alcohol consumption and personal issues. He is sometimes overwhelmed by being a single parent and has not supported the child X, does not attend school regularly and often has to babysit her younger sibling.

There is a lack of hygiene and of food sometimes at home. [ 6 ] Mr B offers good collaboration with the Director but the mother does not. [ 7 ] Last April 5, X runs away crying from the house of Mr B and she went to the house of the mother of Mr B where she passed out as she was intoxicated. [ 8 ] On April 6, the Director received a report that Mr B would have sexually abused a 14 years old youth. [ 9 ] On April 8, a report was made concerning another sexual abuse done by Mr B years ago and that he would have sexually abused X. [ 10 ] The child X was entrusted to a foster family the same day on emergency measures, she runs away the day after. [ 11 ] On April 15, Mr B was arrested and detained.

On April 6, X was hospitalized for suicidal ideation. Then she disclosed that she was doing self-mutilation.

[ 12 ] Since those incidents, the mother is collaborative. She acknowledges she neglected her children X and the youngest Y. [ 13 ] The evidence against Mr B sexual assaults on three (3) teens is quite reliable. He is charged with those but he has shown no recognition of the issue. [ 14 ] Considering the whole evidence, the Court declares the security and development of X in danger because of neglecting after basic needs by her parents, because the child is seriously and repeatedly subjected to behaviour on the part of her parents or another person that could cause her harm and because of the serious risk of sexual abuse by her caregiver (sec. 38 b) 1) iii)

c) d) 2). [ 15 ] For applicable measures, as the child spent times at the group home first and after, was entrusted to a foster family and that she behaves well there, the applicant recommends a placement in a foster family until May 31, 2019. [ 16 ] All parties agree upon such recommendations. X is evolving with a relative in another community, she is doing very well and wishes to remain there. [ 17 ] The adoption papers of X by Mr B are not done yet. The Town A administration invited Mr B to take steps but he didn’t do it. Mr B thought he had adopted X and her youngest sister.

He did not check over the years. [ 18 ] He is now facing serious charges and he denies. He acknowledges that he abused alcohol and had parties at home some other men could have abused X. [ 19 ] In such circumstances, the child needs to evolve in another community to receive counselling and psychological services. Her relation with her mother is conflictual, consequently supervision is required. The recommendations are appropriate for the next ten (10) months. FOR THESE MOTIVES, THE COURT: [ 20 ] ALLOWS the application; [ 21 ] DECLARES that the security and development of X are in danger with regard to

section 38 b) (1) iii and d) (2) of the Youth Protection Act; [ 22 ] ORDERS that the child be intrusted until May 31, 2019, to a foster family chosen by the institution operating a child and Youth Protection Center; [ 23 ] ORDERS the Director of Youth Protection to provide the child the services of an external educator for the duration of the judgment; [ 24 ] ORDERS the Director of Youth Protection provides medical and psychological services the child needs; [ 25 ] ORDERS the Director of Youth Protection to supervise the visits between the child and the mother as for the frequency, duration, presence of a third party; [ 26 ] ORDERS the mother and Mr B to remain sober in presence of the child; [ 27 ] RECOMMENDS the mother to seek help for her consumption of alcohol and personal issues; [ 28 ] RECOMMENDS to Mr B, interested party, to submit himself to a psycho sexual evaluation; [ 29 ] ORDERS the mother to report periodically to the Director on the measures she applies in her own regard to put an end to the situation; [ 30 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and her mother until May 31, 2019; [ 31 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment; [ 32 ] ORDERS any police officer to collaborate in the execution of the present judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Sarah Bourgeois Lessard Attorney for the applicant Me Cassandra Nepture Attorney for the child Mrs A Mother Mr B

Caregiver Me Marianne Léonard Attorney for the caregiver Date of hearing: July 24, 2018