Risk of child sexual abuse: A mixed-methods analysis of judicial decisions in the Youth Court of Québec

Abstract

In Québec, Canada, the Youth Protection Act allows child protection services to intervene in situations of serious risk of sexual abuse. Although the litigation of these cases is frequent, few studies have focused on the decision-making process of judges in Youth Court. The present study aims to document the criteria used by the judges to substantiate allegation of serious risk of sexual abuse and to render a placement order. Using a sequential explanatory mixed-method design, we analyzed 104 judicial decisions of the Youth Court of Québec between January 2016 and January 2023 involving a situation of risk of sexual abuse in families with children aged 0 to 12 years. The quantitative phase of the study revealed that psychosocial difficulties of children and parents, as well as the number of reasons for intervention are associated to a placement order. Based on a thematic analysis (n = 24), the qualitative phase of the study highlighted three main types of criteria used by the judges to substantiate allegation of serious risk of sexual abuse: 1) the vulnerability of the child; 2) the characteristics of the family system; and 3) the parents' compliance with external demands.