2017 QCCQ 14286, 2017 QCCQ 14286

Protection de la jeunesse — 176052 2017 QCCQ 14286 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 635-41-000796-174, 635-41-000797-172 and 635-41-000798-170 DATE: September 26, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2013 Y, born on [...], 2011 Z, born on […], 2008 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City A, Quebec, District A Father of X et Z ______________________________________________________________________ JUDGMENT (Sections 38 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 of the A C.Y.P.C. submits to the Court three motions asking that the security and development of the children X and Z and Y be declared in danger because of the risk of neglect, the psychological ill-treatment, the risk of sexual abuse, the risk of physical abuse for Z and Y and the physical abuse on X (section 38 (b) (2), (c) , (d) (2) and (e)

(1) Y.P.A.). [ 2 ] The parents are present to the hearing, assisted by Me Angèle Tommasel and Me Marianne Léonard. There is no father declared for Y. The children are represented by Cassandra Neptune, and Z is present. Me Geneviève Apollon represents the applicant. [ 3 ] Evidence that the situation of the three children is compromised is made with the admissions of the parents, completed with the testimonies of Mr [Social Worker 1] and Mrs A. [ 4 ] It is proved that the parents are separated and that the mother assume the children.

She is involved in a conjugal relationship with Mr C who has a violent temper. [ 5 ] Last June 26, he physically assaulted the mother while he was intoxicated. He also pushed X.

The mother pressed charges, but on July 7, the mother contacted the police to remove the charges against her boyfriend. [ 6 ] The mother is not admitting her violent relationship and she minimises the incident between her boyfriend and her son. [ 7 ] In 2013, Mr C was found guilty of sexual interference on a minor and received a sentence of eight months of detention. [ 8 ] At the end of March 2017, the child Y disclosed her mother that D sexually touched her private parts. On March 30, the child was tested positive for gonorrhea, a sexually transmitted infection.

But later, D and the father of X and Z were tested for gonorrhea and both results were negative. [ 9 ] The mother left the house where the alleged abuser resided when she learned about the sexual abuse, but she returned two months after. [ 10 ] When the child Y made a declaration to the police, she said it was C that sexually touched her. No probing result is achieved yet concerning the author of the abuse. Even convinced that the child was abuse, the social worker recommended the mother that the

child attend services from CAVAC/IVAC, but the mother did not make any step until now. [ 11 ] The father lives in City B with his girlfriend in a small apartment. He cannot assume his children and Y there. As the three children were provisionally placed with his parents, he has regular contacts with them. [ 12 ] The father offers good collaboration with the social worker.

The mother’s collaboration is not so regular. [ 13 ] As the parents agree with the measures and are ready to collaborate, the Court endorse the recommendations included in the social report filed. [ 14 ] The children need to evolve in a structured and secured family with different services depending of their traumas. [ 15 ] The mother has to seek for services for her personal issues.

She has to stabilise and increase her parental capacities. [ 16 ] Considering the evidence and agreement, FOR THESE MOTIVES, THE COURT: [ 17 ] DECLARES that the security and development of X and Z and Y are in danger for the alleged motives with regard to

section 38 (b) (2), (c) , (d) (1) for Y, (d) (2) for X and Z, (e) (1) for X and (e) (2) for Z and Y; [ 18 ] ORDERS the placement of the three children X and Z and Y in the family of Mrs E and Mr F (grandparents of X and Y until March 29, 2018; [ 19 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the mother with the children as for the modalities, the frequency and the presence of a third party if deemed necessary; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the children until March 29, 2018; [ 21 ] ORDERS the Director of Youth Protection to provide Y all the medical, psychological and social services required by her situation; [ 22 ] RECOMMENDS that the mother seek help for her personal issues. [ 23 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: September 5, 2017