2022 QCCQ 8519, 2022 QCCQ 8519

Protection de la jeunesse — 225355 2022 QCCQ 8519 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-001467-224 DATE : June 22, 2022 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2021 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection; Applicant -and- B Child’s mother -and- C Child’s father ______________________________________________________________________ JUDGMENT [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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] The Director is requesting that the Court declare the security and development of the child X in danger for the motive of serious risk of sexual abuse. [ 2 ] As protective measures, the Director recommends that the Tribunal entrust the child to her mother, authorize supervised contact with her father, by a third party designated by the Director, upon the frequency and the modalities determined by the Director. [ 3 ] Other recommendations and measures are recommended including a social follow-up for a period of nine months. [ 4 ] At the hearing on June 22, 2022, the mother is present and represented by a lawyer.

She agrees with the Director’s analysis of the situation of compromission and gives her consent to the recommended measures. [ 5 ] The father is present and represented by a lawyer. He does not recognize the facts alleged to support the declaration of compromission but does not present any evidence to the contrary.

He agrees to the measures and suggests that the paternal grandmother supervise his contact with his child. [ 6 ] The child's lawyer agrees with the conclusions sought. the situation of compromission [ 7 ] On December 3, 2021, the situation of the child is reported to the Director of Youth Protection for serious risk of sexual abuse by the father.

[ 8 ] X is then three months old. She lives with her mother and her three older half-siblings, born from previous relationships of the mother.

They are namely Y (14 years old), Z (5 years old), and A (3 years old) [ 9 ] The parents live apart. [ 10 ] The situation reported tells about Z revealing spontaneously having performed fellatio to X’s father while taking a shower. [ 11 ] She does not give many details about the event but her declaration is in conformity with her young age and her language difficulties. [ 12 ] Moreover, Y also described an inadequate climate induced by X’s father (suggestive text messages, reference to pictures of his penis on his computer, insistence to share time with her at night, etc.). [ 13 ] Z and Y were met by the police and gave testimony. [ 14 ] Their declarations were credible, offered many details and they offered sufficient guarantees to be reliable (section 85.5 Youth protection Act). [ 15 ] During the evaluation, the Director learns that, when they were together, the father admitted to the mother having faced accusations of sexual abuse on a minor child, while he lived in the USA but for which he says he was cleared. [ 16 ] A neighbor also states that, a year ago, he has seen pictures of naked children in the father’s computer, under a file named “pedophile”.

This person made a declaration to the police to this effect. [ 17 ] The father indicates that these pictures were taken by a friend (mother of the said children), who, in turn, denies it. [ 18 ] In light of the information gathered, the Director concluded that the facts reported were founded. [ 19 ] Furthermore the contradictory explanations and changed version from the father are not reassuring. [ 20 ] The fact that he refused to testify as to his version of events also leads to believe the children’s version. [ 21 ] Although there is a conflict between the parents, the facts reported by the children have nothing to do with their difficult relationship. [ 22 ] There are many risk factors in the situation, the main one being that the father does not recognize having sexual issues to address. [ 23 ] X is a young baby completely vulnerable to the adults who take care of her. [ 24 ] In these circumstances, the court finds that the child is at serious risk of sexual abuse. evolution of the situation [ 25 ] On December 9, 2021, an interim judgment was rendered by the Superior Court by which the contacts between the child and her father are to be supervised by the paternal grandmother, on Saturdays and Sundays, for a period of four hours each time. [ 26 ] Prior to this judgment, the father had not seen the child since October 3, 2021. [ 27 ] An agreement on provisional measure was made on December 13, 2021, entrusting the child to her mother and allowing supervised contact with the father. [ 28 ] On December 22, 2021, the father was arrested and is facing criminal accusations.

He was released under conditions, notably to refrain from contacting the mother and children other than as agreed with the Director of Youth Protection. [ 29 ] On January 11, 2022, the Court rendered a provisional order entrusting the child to her mother and authorizing supervised contacts with her father. [ 30 ] On March 3 rd , the criminal proceedings condition fell after delay for its effect had passed. Nonetheless, the police inquiry is still ongoing.

In that process the computer allegedly holding naked pictures of children has been found and is being investigated. [ 31 ] Since the beginning of supervised visits on December 16, 2021, the father was offered 35 visits of which he actualized 20. 8 were canceled by him. [ 32 ] In February, the Director recommended that visits take place once a week to which the father agreed. [ 33 ] But he has difficulty adjusting his work

schedule to the scheduled visit. [ 34 ] He was offered weekend visits but refused for various reasons (money, transport and agenda). [ 35 ] The father is adequate during the supervised visits, although he often consults the supervisor or the worker about child development and how to provide certain care. [ 36 ] Although, he respects his daughter’s needs, he has difficulty recognizing that she is or no longer is hungry and when she is tired.

[ 37 ] He accepts the advice from the workers and puts them in practice but needs to be repeated certain instructions. [ 38 ] Parental coaching was offered to him but he declined. [ 39 ] He has not yet begun any sexual therapy. measures [ 40 ] Considering the evidence about the evolution of the situation the Court finds that the proposed measures answer the child’s needs and are in her best interest.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the youth X are still in danger on the ground of serious risk of sexual abuse; ENTRUSTS the child to her mother; AUTHORIZES , in the child’s favor, supervised contact with her father, by a third party designated by the Director of Youth Protection, upon the frequency and the modalities established by the Director of Youth Protection; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply to themselves and their child to end the situation of endangerment; RECOMMENDS that the father: - Undergo aleatory drug tests as deemed necessary; - Take the steps in connection with his sexual problems; RECOMMENDS that the mother: - Continue her personal steps; - Undertake legal procedures in order to regularize the custody judgment and the access rights of the father; ORDERS that the parents participate actively to the measures ordered; ORDERS that a person, working for an establishment or body, provide aid, counsel and assistance to the youth and her family for a period of nine months; ENTRUST the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Christine Loubier Counsel for the DYP M e Ysabelle Proulx

Counsel for the youth M e Karyn Brown Counsel for the mother M e Audrey Roch Genest Counsel for the father Date of written judgment : June 22, 2022 Last Exhibits deposed: D-1 to D-7