2020 QCCQ 8766, 2020 QCCQ 8766

Protection de la jeunesse — 201121 2020 QCCQ 8766 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003462-197 DATE: March 18, 2020 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] On June 7, 2019, the Court rendered, in the present case, a decision under

Section 95 of the Youth Protection Act to the effect that X be entrusted to her maternal grandmother (Anne-Margaret Davis) for a period of 5 months, because the security and the development of the child are compromised for the reasons provided under articles 38 d), 38 b), 38

b) iii, 38 c of the Youth Protection Act. [ 2 ] The Court, also ordered that : The contacts between the child and her parents by according to an agreement between the parties, that the mother receive services required by her situation (parental skills classes, coparental skill classes, therapy to address her social adaptation problems), that the father receive services required by his situation (parental skills classes, coparental skills classes) and that the parents accept to open their door to the Director of Youth Protection workers to assess their home. [ 3 ] On November 5, 2019, the Director have to seized the Court considering new facts. [ 4 ] At the beginning of the hearing, 3 documents (D-6 – Court Report Quebec Youth Chamber written by Sandra Fournier on November 4, 2019; D-7 Rapport d’observation du CIASF written by Veronic Touchette and D-8 Contract in regards to contact between X and her father, signed on January 28, 2020) were submitted to the Court. [ 5 ] Since the last Court order, the child has been living with her maternal grandmother. [ 6 ] This last one has some difficulties regarding her role as a foster family and seems to be unsure about investing herself for a long period of time. [ 7 ] Furthermore, the child is exposed to adult conflicts and her needs of security are not met. [ 8 ] For September and October 2019, in connection with the lack of collaboration of the father, the social worker was unable to update a visit schedule.

[ 9 ] On October 10, when he had arrived at X’s grandparents home, the father was under the influence of alcohol and drugs. [ 10 ] At that time, the father did not have an apartment to house the child, and did not have a stable financial situation. [ 11 ] But now the situation has changed for the father.

In December, a new visits calendar was accepted by him. [ 12 ] During the testimony of Mrs. [social worker 1], the new social worker since January 6 th , the father is more open minded to collaborating with the social services and she permitted contacts between the father and his daughter. [ 13 ] In the future, she believes that the supervision will not be necessary. [ 14 ] She declares, in front of the Court, that the father must prove that he is able to respect the engagement he signed this morning. [ 15 ] The Court supports this opinion. [ 16 ] The mother lives with her husband and her new five months old baby. [ 17 ] Her spouse is of great support for X and her.

X even addresses him as « Dad ». [ 18 ] He helps her with her homework after school. [ 19 ] The mother offers a good collaboration to the social services. [ 20 ] She wants her daughter to be re-entrusted to her care. It is the same wish for X. [ 21 ] The child is 8 years old. In school she is known to have some difficulties to socialize with other students. [ 22 ] Physically, X has a cardiac anomaly since birth that needs particular attention.

She had an appointment on August 28, 2019, and the situation seems stable. [ 23 ] The mother ensures the child’s regular medical follow-up. [ 24 ] The CIASF’s report relates the facts about X’s sexual abuse by her 15 year-old half-brother (exhibition of penis in erection and at another date, attempt of fellatio). [ 25 ] The Clinic analysis : Analyse clinique et recommandations° L’enfant ne semble pas présenter de symptomatologie en lien avec le vécu d’abus sexuel, outre des sentiments de colère et de tristesse normaux qui déjà ne sont plus présents. X semble préoccupée par la situation familiale actuelle.

Le sentiment de colère qui habite la jeune fille semble davantage lié aux nombreux conflits au sein de la famille auxquels elle est exposée. X est informée de situations conflictuelles au sein de la famille, ce qui est peu approprié pour un enfant de son âge et qui peut avoir un impact au niveau de ses pensées et émotions. Il est possible de croire que X a un grand besoin de s’exprimer, qu’elle réagit et extériorise ce qu’elle ressent en faisant des crises de colère. La grand-mère corrobore le fait que les crises étaient présentes bien avant la situation d’abus sexuel.

Il est recommandé que la jeune fille puisse avoir un espace où elle pourra adresser ses besoins et être entendue sur ce qu’elle vit et ressent face à la situation familiale actuelle. Il est important de rassurer la fillette et de stabiliser le milieu de vie, comme il s’agit d’un besoin qui apparaît comme envahissant pour elle. X semble avoir un grand besoin de parler du conflit de garde entre ses parents et semble avoir besoin de réponses à ses questions, comme elle cherche à comprendre et faire sens avec ce qu’elle vit.

Cependant, X n’a pas à être informée de ce qui relève du domaine des adultes, elle doit être ramenée à son rôle d’enfant. Il est aussi recommandé de travailler au niveau de la gestion et régulation des émotions. [ 26 ] Since November 6, 2019, X is entrusted to her mother and she evolves well. [ 27 ] During his testimony, the father shows a real willpower to become present in the life of his girl and create a strong affection link. [ 28 ] He expresses the wish that the Court entrusts X to him, but it is too soon to analyse this request.

It is the same approach for a shared custody. [ 29 ] For X, the stability is a very important factor and for the father the actions have to follow the words. [ 30 ] Consequently, in the best interest of X, the Court : [ 31 ] GRANTS the motion; [ 32 ] REVISES AND EXTENDS the decision rendered on June 7, 2019; [ 33 ] DECLARES that the security or the development of X is still in danger; [ 34 ] ENTRUSTS X to her mother for a period of 4 (four) months; [ 35 ] ORDERS the contacts between X and her father, be accordingly to the agreement between the parties, in respect of the engagement signed by the father on January 28, 2020:

- Father respect the conditions of visits and visits can be increased gradually - The father is sober during visits - The visits are at the father’s place at all time for the first 2 months (special activities, public place would have to be discussed) - The visits will be without any other presence that is not approved by the Youth Protection Worker - After 3 months, if the father wants to have a visit somewhere else (father’s house) it is going to have to be approved by the social worker - The father respect the time of the visits with his daughter - The father will not talk about adult problems in front of X. [ 36 ] ORDERS that: - X receive the services necessary to her situation (therapeutic follow ups to address the sexual abuse) when the situation will be stabilized. - The father receive the services necessary to his situation (parental skills, co-parental skills, alcohol and drugs addiction) - The mother receive the services necessary to her situation (parental skills, co-parental skills, therapy to address her social adaptation problems) - The parents participate in a co-parental group in order to put an end to the situation of conflict between them, conflict that is being very negative for X - That the parents commit to participate and collaborate in the development and implementation of the intervention plan - That a person working within the CISSS[A] provide help, advice and assistance to X et her family for a period of 9 months [ 37 ] PROHIBITS all contact between X and her half-brother; [ 38 ] PERMITS the Director of Youth Protection to set-up supervision if the father does not respect his engagement; [ 39 ] PERMITS unscheduled visits by the Director while X visits her father; [ 40 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection who shall then see that the measures are carried out; [ 41 ] ORDERS any person concerned by the present decision to comply with it. __________________________________ VALMONT BEAULIEU, J.Q.C.

Mtre. Charlotte Dupuis Counsel for the Director of Youth Protection Mtre. Marie-Christine Fournier Counsel for the child Mtre. Manon Guitard Counsel for the mother Mtre. Nancy Nyota Counsel for the father Date of hearing: January 28, 2020