2019 QCCQ 19776, 2019 QCCQ 19776

Protection de la jeunesse — 198220 2019 QCCQ 19776 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000615-192 DATE: August 7, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2004 Adolescent -and- A -and- B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 adolescent has to deal with long-lasting traumas, from her childhood. In the past, there were allegations of sexual abuse within the family. The youth then stated she was sexually assaulted by her father and brother. [ 2 ] The parents break up in 2012 and, shortly after, the youth leaves her community to move to Province A with her mother. [ 3 ] While living with her mother, the adolescent shows behavioural disturbances. She refuses to comply with rules.

In September 2018, the mother allows the youth to move back with her father, since it is her wish to do so. [ 4 ] On April 17, 2019, the adolescent’s situation is reported to the director of youth protection (DYP). [ 5 ] At the time, the youth talks with professionals about the sexual assaults she suffered in the past. She discloses she still lives in fear. She does not feel safe at her father’s. She shares she suffers from panic attacks and has trust issues. She also admits to manipulating, lying and stealing, but adds she is trying to change.

The youth also discloses she self mutilates and has suicidal ideation quite often. [ 6 ] On the same day, the DYP applies an immediate protective measure to entrust the youth to a rehabilitation centre. She remains there ever since, on a provisional basis. [ 7 ] Nevertheless, from May, the youth starts a progressive integration process, in order to be entrusted to a foster family. [ 8 ] On July 3, the adolescent commits a suicidal attempt. However, she has been doing better since. She does not present any behaviour which would put her safety at stake.

She is followed by a child psychiatrist as well as a pediatrician and social workers. Specific areas of manipulation and anxiety are currently addressed. [ 9 ] The father denies ever having molested his daughter. He has very little contact with her since she was removed from his care in April. [ 10 ] The mother would be willing and able to take her daughter back, and it will be the goal within a few months. [ 11 ] The evidence convinces the Court that the security and development of the adolescent are in danger because she shows behavioural disturbances.

The Court also concludes, on the balance of probabilities, that the adolescent was subjected to sexual abuse in

the past and that she still deals with related traumas. The Court draws that conclusion even though we cannot determine with a reasonable degree of certainty who committed the assaults. [ 12 ] The measures that the DYP suggests, and to which the adolescent agrees, appear to be in her best interest. WHEREFORE, THE COURT: [ 13 ] GRANTS the application for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 d)1 o and 38

f) of the youth protection act ; [ 15 ] ORDERS that the adolescent be entrusted to a foster family designated by the DYP until December 31, 2019; [ 16 ] ORDERS that contacts between the adolescent and her father be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] ORDERS that contacts between the adolescent and her mother be determined according to an agreement between the parties; [ 18 ] RECOMMENDS that the adolescent continue to receive a psychological follow-up; [ 19 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their adolescent’s regard to put an end to the situation in which the security or development of the adolescent is in danger; [ 20 ] ORDERS that the adolescent and her parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 21 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until December 31, 2019; [ 22 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier Rivet for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on August 29, 2019