2020 QCCQ 13464, 2020 QCCQ 13464

Protection de la jeunesse — 209353 2020 QCCQ 13464 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002420-203 DATE: November 23, 2020 (written judgment rendered on December 18, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: x , born on [...], 2007 [SOCIAL WORKER 1] AND [SOCIAL WORKER 2] , Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, residing and domiciled at [...] Mother and B , residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT (Section 95 of the 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 ] The Director of Youth Protection (DYP) asks the Court to review and prolong a decision rendered on February 26, 2020, regarding the adolescent X, born on [...], 2007. At that date the Court declared the security and development endangered and entrusted the adolescent to Ms.

C. [ 2 ] The DYP submits that the situation does not allow to return the youth to her parents and asks that she be entrusted to the maternal grandmother, until October 31, 2021. [ 3 ] The hearing under 95 was supposed to be heard on October 5, 2020, but new events happened and the DYP request some time to reassess the situation and asked that X be entrusted to a rehabilitation centre during that time. [ 4 ] After hearing the testimony of the grandparents, the Court refused to entrust her to a rehabilitation centre and entrust her to her grandparents.

Position of the Parties [ 5 ] The mother is present and represented by Me Cassandra Neptune. She recognizes that the security and development of her child are still endangered. She asks that her daughter be entrusted to her, but she also agrees with a placement with the grandmother, but she totally disagrees with a placement in a rehabilitation centre. [ 6 ] The father is nowhere to be found for many years and never gives any news. The Court dispenses the DYP to serve the application and proceeds in the absence of the father. [ 7 ] The youth is present and represented by Me Angèle Tommasel.

She recognizes that her security and development are still endangered and she would like to be entrusted to her grandmother and totally disagrees with a placement in a rehabilitation centre. History of the Situation [ 8 ] On January 14, 2020 , the Court entrusted the adolescent to a foster family on provisional measures and strongly recommend that she be entrusted to her grandparents to favour regular contacts with her family. [ 9 ] On February 12, 2020 , the Court entrusted the adolescent to a rehabilitation centre on provisional measures.

The Court also ordered that she receive health care services notably a psychological assessment. [ 10 ] On February 26, 2020 , The Court was seized with an application for protection. X was 12 years old. The evidence showed that X lived with her mother and her four siblings. X and her family received services from DYP since 2018, after the mother tried to

sequestrate her children while being intoxicated. The mother justified her action to prevent X from running away while being suicidal. The parents are separated. The father was never involved. The mother has a new spouse who sexually assaulted X. The mother refuses to get separated because of her obligations towards her children. The relation between X and her mother is unhealthy. The mother put a lot of pressure and has difficulty to answer her daughter’s needs. X’s crisis became more intense recently, and she often displayed suicidal ideation.

X was entrusted to a foster family a few times, but the mother always jeopardized the placement. The Court declared that the security and development of X were endangered [1] and entrusted her to Ms. C. The Court ordered that a psychological assessment be performed within the next 60 days and orders that X receive a therapeutic follow-up. [ 11 ] On August 6, 2020 , the Court was seized with an application for provisional measures and entrusted the youth to her maternal grandmother with a strong safety net to ensure the youth’s safety.

Facts [ 12 ] First, the Court asked the DYP worker to clarify the grounds of endangerment because there is different information in the report provided, which are not related to the previous decisions. The DYP worker confirms that the

section (

c) is not applicable, but she confirms that the situation is endangered under

section (b) (1) iii, (f), (e) (1) and (d) (1). [ 13 ] The Court asked what services are offered in relation to the sexual abuse. The DYP worker explains that some restrictions were imposed such as X should never be left alone with Mr. D (mother’s boyfriend) and should not stay at her mother’s place. Also, it is known that Mr. D asked for help from the Social Services and the mother also made a request for services. And specifically for X, she had been informed that the art therapy was available and she could request for it if she wished. [ 14 ] As ordered, after the last hearing, X was entrusted to Ms. C.

X said being very happy there and Ms. C confirmed that after a period of adjustment to the house rules, she did well and participated well to the family activities such as camping, hunting, etc. X was not displaying suicidal ideation anymore. [ 15 ] The situation remained positive until July 9, 2020, when X told the DYP worker that she does not feel comfortable anymore in her foster family. On her side, Ms.

C did not note any change in X’s humour nor behaviour. [ 16 ] The request for the psychological evaluation ordered in February 2020 was made during the same month, but due to the pandemic situation, the evaluation was not done. A Zoom meeting was planned for the beginning of August 2020. It had been done finally in September. The writing report was not available yet, but Dr. Beltempo gave his conclusions verbally. According to the DYP worker’s understanding, Dr.

Beltempo concluded that the family does not want services and it would be better to wait that the family request for help before doing anything else. [ 17 ] A therapeutic follow-up was also ordered in February 2020. The DYP offered to X to participate in an art therapy on July 14, 2020, but X did not like that. The therapeutic follow-up is also available in Town A, but this was not suggested to X so, the DYP worker ignores if she would accept or not. [ 18 ] The mother and her spouse, Mr. D who sexually assaulted X by the past, get separated. Mr. D went to live in Town B in March 2020.

Doing so, he had no more contact with X. The decision taken by the mother demonstrated that she is able to protect her daughter as she was able to put her daughter’s safety first even if she knew that this decision would have consequences on her financial capacity to answer her other children’s needs. [ 19 ] The mother remained very aggressive with the DYP worker, and her collaboration was minimal. As for example, a home visit was organized from June 10 to June 14, 2020. On June 14, the mother refused that X leave the house.

The DYP came back later to remind her the Court decision, and the mother yelled at the DYP worker. The other children were present and were scared. Finally, a warrant was necessary to be able to return X to her foster family on June 23, 2020. Following that, the visits were cancelled until the mother accept to communicate respectfully with the DYP worker. [ 20 ] Also, the mother frequently takes advantage of her two daughters’ home visits (Y and

X) to make them babysit the youngest children and during that time the mother can have free time with her friends. [ 21 ] This attitude demonstrated the mother’s immaturity and her ambivalence because on another side she is able to demonstrate that she deeply loves her daughter and misses her a lot. X also misses her mother, but as before, the relation has to be worked because it is not healthy.

Moreover, the mother has to work on her anger management issues for her to be able to put an end to the tense climate that she create in her home. [ 22 ] After X’s return in a foster home on June 23, the situation degenerated. She ran away several times and said not feeling well in her foster family. Ms. C confirmed that X’s behaviour changed: her alcohol consumption increased, she stole an ATV and she did not respect the rules such as the curfew. Ms. C informed the DYP not being able to continue to foster her in those circumstances. [ 23 ] On July 25, 2020, X ran away again and went to Ms.

E’s house and disclosed that she had been the victim of sexual gesture there. [ 24 ] The day after, considering the emergency, the DYP entrusted X to her maternal grandmother in Town A, but had concerns because the grandfather has a criminal record. The DYP looked for another foster family, but no one was available.

On August 6, 2020, provisional measures were ordered to maintain X there with a strong safety net to ensure her safety until a place would be available in a foster family. [ 25 ] On August 24, 2020, the DYP learned that the family understood the Court decision was to entrust X back under her mother’s care so she was there for the last two weeks and half. Despite the explanations, the mother refused to respect the Court order. No intervention was done before August 24 because the DYP worker was sure that the family had understood.

[ 26 ] At the same date, the DYP learn that Mr. D is back in relation with the mother and that they live in the same house. [ 27 ] On August 27, a family council was held. Among others, the mother, Mr. D and the grandparents were present. At that time, there was still no foster family available. The family members considered that the best place would be at the mother’s place and agreed that Mr. D would never be left alone with X. [ 28 ] The DYP made several unannounced visits and was able to note that the safety plan was respected.

At the beginning X was mostly in her room and some tensions happened between her and her siblings, but with time, X participated more to the family activities and the tensions diminished. She appeared happy to be at home. She said that she would like to stay there. [ 29 ] After her return at home, X was going to school on a daily basis, she had no more behavioural issues and she did not display any suicidal ideation. [ 30 ] At the end of August and the beginning of September, the mother asserted that she stopped drinking and that the return of her daughter and her spouse help her to maintain her sobriety.

She was willing to work on her anger management issues and planned to

schedule an appointment with the Social Services. Mr. D also recognized his issues and also asked for services. He was also looking for a job to be less at home. [ 31 ] On September 20, 2020, the DYP was made aware that the mother would have hit X on the face and would have seated on her. The mother admitted that her reaction was not appropriate. The same day, X was entrusted to her maternal grandmother. [ 32 ] The situation at the grandparents’ place remained stable until the date fixed for the hearing (October 5, 2020). Until that date, the grandmother made sure that X was never alone with her grandfather.

She was going to school on a daily basis, she did not consume alcohol and she appeared happy and comfortable. [ 33 ] On October 5, 2020, the hearing on the application for revision was postponed because of an event that occurred at school. The DYP needed more time to evaluate the situation. According to the information received from the school, X would have threatened her teacher and would have assaulted the school principal. She had been suspended for one week, and those persons were thinking about pressing charges.

For those reasons, the DYP requested a placement in a rehabilitation centre until November 23, 2020. [ 34 ] Since October 6, 2020, X remained at her grandparents’ place, but regularly came at her mother’s place to see her half-siblings. [ 35 ] She was suspended from school for one week and she remained at home for two other weeks because someone tested positive to Covid-19. When she came back to school, the situation was positive until another event of violence against the school principal.

The police was called, X was handcuffed and criminal charges were raised. [ 36 ] The version of X about this event is different than the one provided by the school principal. The Court appearance is fixed in February 2021. She is now suspended from school. As for now, no return at school is planned. X receives the homework she has to do and the grandparents supervised her. When she needs help, she asks authorization to go to her mother’s place to ask questions to her older sister. [ 37 ] The grandparents were met and repeated many times that the situation is stable at their place.

They really want to take care of their granddaughter and to give her the structure that she need. [ 38 ] The DYP worker consider that despite the event of September 20, the mother’s situation is getting more stable. Currently X is going to her mother around two or three times a week and both work on their relationship. That being said, this improvement is recent and for now, the situation remains too fragile to think about an immediate reintegration. [ 39 ] The DYP worker is satisfied with the structure imposed at the grandparents’ place. X is doing very well there.

For now, the only issue with X is her behaviour at school. [ 40 ] The mother accepts that her daughter remain at the grandparents’ place, but she would prefer that she be back under her care immediately. She wishes to have, as she said, “a life with a normal family, with her children at home and the DYP not involved.” According to her, the children followed by the DYP are victims of bullying in the community. [ 41 ] She asserts that she stopped drinking in June 2020, and did not drink since then. She would like to be a better mother. [ 42 ] For the mother, the schooling is very important.

She absolutely wants all her children to have their diploma. She makes sure that X receive her homework and she confirms that she is working hard. For sure, she would prefer that her daughter be at school like the other children. [ 43 ] The grandfather testifies. He explains that there is a conflict between X and the principal. But he spoke with a manager and he was able to obtain that X receive schooling and services.

He confirms that X is very conscientious in her studies and she is doing very well even maybe better than at school. [ 44 ] The grandfather plans to meet with the school to see if she could go back to school, but he does not want to put his granddaughter at risk to have other behavioural issues. Indeed, he knows that it could end by a placement somewhere else and he does not want that to happen. Doing so, if there is no appropriate solution at school, he prefers to have her to do home schooling. [ 45 ] The grandmother also testifies on how her granddaughter is doing well. She is very helpful and very respectful.

She respects her curfew and always come back earlier than requested. The grandparents are proud of their granddaughter. Analysis [ 46 ] As admitted by the parties and shown by the evidence, the situation of X remains endangered. The situation changed a lot since

the last hearing, and it changed on numerous aspects. [ 47 ] Some improvements were noted particularly regarding the behavioural issues as she did not display suicidal ideation and she did not since a few months. [ 48 ] Regarding the supervision and educational needs, she is now living at her grandmother’s place and she is well surrounded there. Unfortunately, the situation at school degenerated and she is now suspended and no return is scheduled. Luckily, she receives home schooling and she is doing well.

As mentioned to the mother and to the grandparents, it will be important that they keep an eye on the situation to be sure that X receive all the schooling that she deserve. [ 49 ] Regarding the physical abuse and the sexual abuse, she remains at risk to be a victim of, as her mother still has anger management issues for which she plans to receive services, but did not receive it yet. And also because the sexual abuser is living at the mother’s place. [ 50 ] Once the situation of endangerment was declared, the next step is to put in place some adapted measures.

According to the YPA, the interventions to be made must achieve two goals. The first one; put an end to the situation. The second one; make sure that the situation of endangerment will not reoccur. [ 51 ] In the situation of X, the evidence does not permit to know what kind of measures were put in place. Firstly, the DYP worker signed a revision report in which the grounds of endangerment are not the good ones.

Some are added, some others are forgotten, and not the least: the grounds of physical and sexual abuse. [ 52 ] Questioned about the specific measures applied for those two grounds, the answer is: “make sure that Mr. D in not in presence of the child and do not live at her mother’s house. Also, Mr. D asked for services at the Social Services and the mother also for her anger management, but since the last hearing those services are still not started because the mother and Mr. D are waiting for the permanent social worker to be back at work.” [ 53 ] But the question is regarding X.

Is it necessary to remind that she was the one who was the victim of sexual and physical abuse? But unfortunately, it is obvious that she received no services for the traumas. The only thing offered to her was to inform her about the existence of the Social Services if she wishes and the fact that the art therapy could be available, but she was not told about that. She is 13 years old. She is not an adult. She is followed by the DYP because of her difficulties. Does she really have to look for services by herself? She has difficulty to express her emotions.

If she is not helped, how can she ask for services, how can she know what kind of service would be beneficial for her? [ 54 ] It is obvious that the follow-up done in this file was not in accordance with the seriousness of the situation. With such lack of intensity, how can it be possible to develop a clinical link with an adolescent? How can she develop trust in the services? How can she be willing to open herself? The risk is for her to keep her emotions inside and that the situation degenerate more and more.

Doing so, we are far from the target of the law and the traumas will continue to root. [ 55 ] Luckily, the grandparents are playing an important role by providing her the structure and the guidance that she need. She respects their authority and she is at ease to discuss with them.

If she does not receive professional services, it is important that at least she could be surrounded by loving family members that she trust. [ 56 ] The mother’s situation is generally getting better, she is gaining stability, but some events occurred recently and this general improvement is too recent to put X at risk if a reintegration is done too early. [ 57 ] The evidence shows that X should remain in her community and that her best interest require that she be entrusted specifically at her grandparent’s place.

FOR THOSE REASONS, THE COURT: [ 58 ] GRANTS the application; [ 59 ] DECLARES that the security and development of the adolescent X, born on [...], 2007, are still endangered; [ 60 ] ORDERS that the youth be entrusted to her maternal grandmother Ms. F and if the grandmother is accredited as a foster family that X be entrusted to her as such; [ 61 ] ORDERS the reintegration of the youth under her mother’s care as soon as the situation allows it; [ 62 ] ORDERS that the youth never be left alone in the presence of Mr.

D; [ 63 ] ORDERS that the youth receive schooling on a daily basis; [ 64 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Court; [ 65 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 66 ] ORDERS that the modalities, the frequency and the degree of supervision of the contact between the youth and the mother be determined by the Director of Youth Protection; [ 67 ] ORDERS that the youth receive intensive services regarding her sexual abuse, through Art therapy or another kind of service she would appreciate;

[ 68 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the youth; [ 69 ] STRONGLY RECOMMENDS that the mother and Mr.

D seek help through the Social Services concerning their personal issues; [ 70 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth, the mother and the maternal grandparents; [ 71 ] ENTRUSTS the situation of the adolescent X , to the Director of Youth Protection A., who shall then see that the measures are carried out; [ 72 ] THE WHOLE until November 30, 2021. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Karianne Asselin, attorney for the Director of Youth Protection Me Angèle Tommasel, attorney for the youth Me Cassandra Neptune, attorney for the mother Dates of hearing: October 5 and 6 and November 23, 2020