2022 QCCQ 8603, 2022 QCCQ 8603

Protection de la jeunesse — 225794 2022 QCCQ 8603 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006506-219 DATE: September 30, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2007 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A Parent ______________________________________________________________________ JUDGMENT Article 95 (1) & (2) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection seeks the revision and extension of the decision rendered on September 17, 2021 in regards to the youth.

While concluding to a situation of psychological ill-treatment and educational neglect, said judgment entrusts the youth to her mother with various other measures of protection for one year. [ 2 ] The Director alleges that the youth continues to require services and that furthermore, such is pertinent in relation to her being subjected to gestures of sexual nature from her mother’s spouse, Mr. B (also recognized as the youth’s biological father). [ 3 ] The youth agrees to the Director’s evaluation and orientation.

As for the mother, although the Court proceeds in her absence, the evidence demonstrates that she is also in agreement. [ 4 ] The Court endorses the conclusions. The reasons justifying this decision are as follows. Analysis and decision [ 5 ] The youth resides with her mother and siblings. [ 6 ] Since the last judgment, she continues to present significant difficulties (depressed moods, failing at school, lack of motivation).

She has had several breakdowns in school, which she explains are the result of her home situation. [ 7 ] She is awaiting psychological services. [ 8 ] The mother continues to struggle on many levels. [ 9 ] She maintains her sobriety and receives support services from the CLSC for her personal issues. Although her collaboration with the Director tends to vary, she has recently shown more openness to services. [ 10 ] The mother/daughter relationship gradually improves. They are less arguments.

The youth is more open with her mother and they are closer. [ 11 ] The mother’s spouse resides in a long-term care facility in relation in reason of his medical condition (severe neurocognitive disorder and pre senile Alzheimer). He visits on occasion.

[ 12 ] On the issue of the allegation of sexual abuse, the youth relates that on one such visit, her father repeatedly touches the youth in a sexually inappropriate manner, making her very uncomfortable. The youth divulges the situation to her mother, who minimizes the gestures in relation to his dementia issues. [ 13 ] Since these incidents, the youth refuses to be in the home when he visits. The nature of the gestures and the impacts on the youth justify that measures be put in place. [ 14 ] Overall, the youth’s functioning remains fragile. Her mental health and general functioning in school need to improve.

For this, she requires adequate support and structure from her mother with accompanying services. FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the youth are still in danger; [ 17 ] DECLARES that the security and the development of the youth are in danger for the additional reason: • sexual abuse (article 38d)1) Youth Protection Act ); [ 18 ] REVISES and EXTENDS the Court order rendered on September 17, 2021; [ 19 ] ORDERS that the youth remain in her maternal environment; [ 20 ] ORDERS that the contacts between the youth and Mr.

B be following agreement between the parties and the presence of a third party chosen by the Director, the whole respecting the desire of the youth; [ 21 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or her child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 22 ] ORDERS that the youth and her mother take an active

part in the application of the measures ordered; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and her family; [ 24 ] ALL THESE MEASURES for six months; [ 25 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Vanessa Côté Attorney for the Applicant Me Claudette Morin Attorney for the child Date of hearing: September 30, 2022