2012 QCCQ 19267, 2012 QCCQ 19267

Protection de la jeunesse — 128402 2012 QCCQ 19267 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY A Youth Court Division No: 760-41-004191-121 DATE: October 29, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 1998 Adolescent DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________

CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for protection concerning the adolescent X, born on [...], 1998. [ 2 ] The Director alleges that the security and the development of the adolescent are in danger in reason of a serious risk of being subjected to gestures of a sexual nature and serious risk of neglect (alcohol abuse), in the paternal milieu. [ 3 ] The Petitioner proposes measures of aid and counsel for six months, particularly maintaining the adolescent with her mother, supervision of contacts with her father and further recommendations that the father participate in follow-ups in relation with the reasons compromising the security and the development. [ 4 ] The parties consign their admissions to the Court record and consent to the Director presenting its evidence by production of various reports and documents in lieu of testimony. [ 5 ] The father ignores the allegations of the motion, remitting himself to the content of the reports.

He presents no contestation as to the measures. He further declares no reason justifying his participation in a follow-up for alcohol abuse or sexual violence and affirms having no intention in participating to such. [ 6 ] The mother is in agreement with the motion and the measures proposed, save the contacts between her daughter and the father.

She considers that these should be conditional to participation in the follow-ups recommended. [ 7 ] The adolescent is in agreement with the motion and the measures as requested by the Director. [ 8 ] ANALYSIS AND DECISION [ 9 ] The parents separate in 2000 and share custody of their only daughter, X, until the mother moves to province A in 2009. The adolescent remains with her father.

Although the mother returns to province B in 2011, the mother/daughter relationship is strained and X refuses significant contacts. [ 10 ] The Director of Youth Protection evaluates the situation of the adolescent in February 2012, following the filing of a criminal complaint alleging the father's sexual misconduct towards a minor friend of the adolescent. [ 11 ] The complainant provides a police declaration as to the events of February 3, 2012. She is a good friend of the adolescent and at the date mentioned, is sleeping over at her house.

The father buys alcohol for the adolescents, which they imbibe during the evening as they entertain themselves in X's room, where they eventually fall asleep. [ 12 ] The father enters the room and sleeps between the girls on the floor. The friend declares that she wakes up at around 4 a.m., feeling her shorts moving and seeing a hand passing through them. The hand touches her breast over her shirt. She opens her eyes and sees the father leaving the bedroom to the bathroom. He returns and starts rubbing her thighs, legs, bottom and vulva on top of her pyjamas.

She gets up and goes to the bathroom, where she notices that her pants are now untied. [ 13 ] She then immediately calls home for her parents to come and get her. She tells X as well as C, a family friend present in the home, what has occurred. Upon her return home, she relates the incident to her mother, who communicates with the police. [ 14 ] The father denies any wrongdoing, affirming that he only enters his daughter's bedroom to verify if she is sleeping. [ 15 ] X verbalizes that her father drinks substantially and becomes verbally abusive when under the influence of alcohol.

Following the incident with her friend, she is unable to confirm or deny that her father has abused her in the past. She affirms that she was fearful after the incident and has trouble sleeping for a few days. [ 16 ] A provisional agreement intervenes entrusting the adolescent to her paternal aunt, who further agrees to supervise the contacts with the father. [ 17 ] The father starts attending AA classes at his daughter's request. [ 18 ] The relationship between the adolescent and her mother is a struggle, but the period of placement provides an opportunity for them to work on their issues.

A positive evolution results in the adolescent being entrusted to her mother in June. [ 19 ] Although this integration is initially positive, the adolescent struggles with the burden of the substantial changes in her life. She is reticent to discuss her situation and fully participate in the intervention. [ 20 ] X refuses to attend school, as her personal situation is common knowledge. Alternative solutions are sought to ensure her attendance. Emotional and anger management issues present themselves. [ 21 ] On the evening of August 8 th , X attempts suicide by the ingestion of various toxic agents.

She carves ''I'm sorry'' into her arm. She rapidly reconsiders and calls an ambulance. She indicates her attempt as a reaction to her mother's drug consumption and father's missing of a scheduled visit. [ 22 ] This incident permits X to verbalize her needs and the mother responds appropriately, by making the required changes in their

relationship and environment. Since this time, X refuses contacts with her father, who fails to visit her during her hospitalization. [ 23 ] Numerous services are put in place for the adolescent, to help her navigate this period. [ 24 ] Considering the documentary evidence and the admissions of the parties, the Court declares that the security and the development of the adolescent are in danger for the reasons invoked by the Director of Youth Protection. [ 25 ] The evidence is non-contradicted as to the father's inappropriate sexual behaviour towards a minor on February 3, 2012.

The details of the incident, the friend's repetition of the details of the incident as well as the collaborative elements, convince the Court by balance of probabilities, of its occurrence. [ 26 ] This act towards a minor friend of the adolescent and in her presence constitute the risk of sexual abuse following the definition of the law.

The facts do not elucidate the father's state of mind at the time, nor whether alcohol was a factor, but the evidence of an ongoing alcohol problem aggravate the risk. [ 27 ] Furthermore, furnishing alcoholic beverages to children demonstrates a further lack of judgment on the father's part. [ 28 ] Remains the live issue of the contacts between the adolescent and her father. [ 29 ] B candidly affirms no intention to address the issues of sexual violence nor alcohol consumption.

This refusal to cooperate with the measures meant to put an end to the situation of compromission, is an obvious impediment to the intervention.

Notwithstanding, the Court considers that X's best interests dictate that she be able to have visits with her father in a secure and neutral environment, if such is her wish and also if such has a therapeutic value. [ 30 ] In view of the conclusions of the Court, the chances of progression of the relationship between the adolescent and her father, will continue to be impeded by supervision, should he maintain his position as to participating in the measures. [ 31 ] FOR THESE REASONS, THE COURT: [ 32 ] GRANTS the motion; [ 33 ] DECLARES that the security and development of the adolescent are in danger in reasons of a situation of serious risk of being subjected to gestures of a sexual nature as well as a situation of a serious risk of neglect; [ 34 ] ORDERS that the adolescent be maintained with her mother; [ 35 ] ORDERS that the contacts between the adolescent and her father be upon agreement between the parties and in the presence of a third party designated by the Director of Youth Protection; [ 36 ] RECOMMENDS that the father participate in a follow-up for his alcohol consumption; [ 37 ] RECOMMENDS that the father participate in a follow-up for sexual violence; [ 38 ] RECOMMENDS that the adolescent attend school on a regular basis; [ 39 ] ORDERS that the adolescent and her parents undertake an active

part in the applications of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 40 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her mother for a period of 6 months; [ 41 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures; __________________________________ BEATRICE CLEMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Annie Girard Attorney for the child Date of hearing: October 29, 2012