Girl sexually abused 3 times by boys while in Batshaw's care, court documents show

A young girl, already "severely traumatized" and vulnerable, was sexually abused three times in less than a year while in the care of a Montreal youth protection agency, in a case that highlights staffing problems and poor organizational oversight, court documents show.

In a decision made public Tuesday, Quebec youth court Judge Jacques A. Nadeau found that the child's rights were violated and that her "dignity, integrity and autonomy" were compromised.

The child was under the care of Batshaw Youth and Family Centres, the agency that serves English-speaking Montrealers.

She was just nine when the first of the incidents occurred. 

Excerpts of staff reports included in the ruling reveal in detail how the girl and different boys who were also in Batshaw's care engaged in sexual activity, ranging from touching genitals to vaginal penetration — often against the girl's stated wishes.

"X and the boy are clear that she told him to stop, but he did not," a youth protection staff member notes in an evaluation report about one of the incidents in 2017.

That incident took place in a bathroom in the group home. The boy involved was 10 at the time.

"He proceeded to remove their clothing, touched her vaginal area, and tried to insert his penis in her vagina. He was also coercive in promising her an MP3 player and a fidget spinner to keep quiet," the report reads.

All three incidents occurred at the same group home between November 2016 and August 2017.

The names of the social workers of the children involved were all withheld in the Oct. 4, 2018 court decision, which was made public Tuesday. The ruling was leaked to La Presse last week.

The girl's social workers flagged their concerns to their superiors at Batshaw on numerous occasions, according to Nadeau's ruling.

One social worker said that she was "appalled, angry and sad after being advised of what happened and that it never should have happened."

'Chaotic' home life

The girl was first placed in the care of youth protection in 2013, at the age of six, after living in a "chaotic," sexualized and drug-filled environment in which her "basic physical needs" and "health care" were neglected.

A year later, a staff evaluation noted that she "continued to demonstrate signs of trauma, avoiding sleep and becoming hypervigilant and disruptive in the evening or at bedtimes."

Her mother was ultimately sentenced to 18 months in jail for the abuse of her daughter.

The girl spent time in foster homes and rehabilitation centres before being placed in the group home due to the "higher level of structure required by the child."

The group home was intended for children between the ages of 10 and 14, often for stays of six to 12 months, and staff there were faced with formidable challenges.

According to a social worker cited in the ruling, the children placed there could "exhibit highly aggressive and sexualized behaviours, as well as psychiatric disorders."

Staff turnover, poor clinical model to blame

In his judgment, Nadeau said the "Director of Youth Protection admits that there was a lack of appropriate supervision, as well as a lack of understanding of safety plans during all three incidents."

Nadeau concluded that the incidents were the result of a "high level of staff turnover" and an "inappropriate clinical program model" lacking in oversight.

A total of 33 social workers are cited in the ruling, suggesting challenges in ensuring continuity of the child's care.

He noted that improvements were made last year to the group home's clinical program. It now involves a more "individualized approach," he said.

As part of the ruling, Nadeau ordered that a "qualified person acting as a shadow be appointed to the child at all times while she is under the care" of the rehabilitation centre chosen by the youth protection agency.

Changes made, agency says

CIUSSS de l'Ouest-de-l'Île-de-Montréal, the regional health agency which oversees Batshaw, refused a request for an interview, citing the Youth Protection Act, which guarantees client confidentiality.

In a statement, the agency said "measures were taken immediately following the incidents and those measures ordered by the court were put in place."

"The program in question has undergone a complete review and has now been implemented in its new form," the statement said.