2022 QCCQ 13084, 2022 QCCQ 13084

Protection de la jeunesse — 227701 2022 QCCQ 13084 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000756-228 DATE: December 14, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X Born on [...], 2007 Child and A Mother ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to declare that the security and development of the child are in danger according to

section 38b)2) and 38

f) of the Youth Protection Act , namely because of a situation of serious risk of neglect and a severe behavioural disturbance. [ 2 ] At the hearing, the mother is absent and not represented. For the child, a lawyer represents his interests, and he agrees with the recommendations of the DYP. CONTEXT [ 3 ] On July 19, 2022, The DYP got involved with the child’s family because the mother was arrested for drug trafficking and drugs were found on her. She was unable to care for her child and other concerns arise regarding the mother’s situation.

An immediate protective measure was applied to entrust the child to kinship care. [ 4 ] On August 10, 2022, 19, provisional measures were ordered entrusting the child to his maternal grandparents until September 28, 2022. Analysis and decision [ 5 ] It is not the first time that the DYP is implicated in this family. In March 2011, the child was entrusted to his maternal grandparents and only moved back to his mother in March 2020. Since then, some concerns remain with the mother.

A few reports of her substance abuse were retained over the months. [ 6 ] The mother benefits from services related to her personal difficulties such as a psychological follow-up and another one for her drugs addiction in collaboration with the methadone program. Unfortunately, in May 2002, she ceased her psychological follow-up, despite that, she actively participated and was making progress.

A few months later, she also abandoned her drug addiction follow-up. [ 7 ] Although she took some steps to undergo a psychological evaluation for her attention deficit hyperactivity disorder (ADHD) and for her parenting skills, nothing has materialized because it is difficult to reach her.

[ 8 ] Since April 2022, the mother’s situation has been deteriorating. After her arrest, her collaboration with the DYP ceased. She does not show up to the appointments and does not return her messages. [ 9 ] The workers show up at her home several times, there is no one and nobody answers the door. However, the child is observed in the surroundings with some friends. [ 10 ] Finally, the mother arrived unannounced to meet the worker, following the receipt of a registered letter . She wishes to go seek therapy for her substance abuse problem and agree to take steps to attend it.

However, she did not follow through. She does not and she does not mobilize herself, neither gets involve in any services to have help. [ 11 ] The child had a psychosocial follow-up, but he does want to pursue it nor meeting with a mental health professional. He is very quiet and reserved. [ 12 ] At his maternal grandparent’s environment, the child is doing well. According to them, he is respectful and follows the rules.

However, he carries a lot of anger, and it will be beneficial for him to speak with a professional, but he refuses. [ 13 ] The child had some difficulties last year in school because of his lack of attendance but, he manages to graduate school. He shows some inappropriate behaviour in school. He uses disrespectful language towards the school staff. He has a problem with the women worker. [ 14 ] There are concerns regarding his anger and his outburst in school. He has been suspended twice since the beginning of the year.

Even if an action plan is put in place, he does not work because, he still missed many days of school or he is late. [ 15 ] The child needs a stable, secure, and loving place to develop adequately. Currently, the mother is still struggling with her addiction and not collaborating with the DYP. She is not able to care for her son and provide him with an adequate environment. She does not inquire about her son, and she is not involved in his life. [ 16 ] The child, like previously indicated, still misses a lot of school days or his late. He shows little interest in completing his assignments.

He was suspended twice and once because he threatened another student. He does not work well with female workers and expresses negative comments about them. He was found carrying a large knife in his school bag. [ 17 ] Several attempts were put in place to help him, unsuccessfully and no progress was noticeable. His anger is very disturbing, as well as the way he acts at times. His maternal grandparents do not feel safe with at home. [ 18 ] On October 31, 2022, he was entrusted to a rehabilitation centre ([center A]). Since his arrival, he is doing well, follows the rules and participates.

He finally agrees to meet with the psychosocial intervener and to continue his follow-up. He benefits from weekly visitation with his maternal grandfather. [ 19 ] In the past years, the child has been spending a lot of time at his maternal grandparents who were able to provide him with an adequate and soothing environment.

However, the problems that the child faces require specialized services. [ 20 ] Currently, considering his difficulties and that he demonstrates a high risk of behavioural disturbance, it is in his interest to continue his placement in a rehabilitation centre so that he can continue to benefit from their specialized services and assiduous professionals. [ 21 ] Overall, the evidence demonstrates that the security and development of the child is in danger and the measures recommended by the DYP are in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 22 ] GRANTS the amended application for protection; [ 23 ] DECLARES that the security and the development of X are in danger according to

section 38b)2) and 38

f) of the Youth Protection Act ; [ 24 ] ENTRUSTS the child to a rehabilitation centre designated by the DYP; [ 25 ] ORDERS that the contacts between the child and his mother be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 26 ] RECOMMENDS that the child receives the health care and social services required for his condition particularly anger management, as psychosocial and psychiatric follow-up and a substance abuse follow-up, as long as deemed by the professionals involved; [ 27 ] ORDERS that the mother be sober and that she does not consume drugs or alcohol in the presence of the child; [ 28 ] RECOMMENDS that the mother submits herself to random drugs testing; [ 29 ] RECOMMENDS that the mother involves herself in a follow-up for her personal difficulties, particularly anger management, a psychological and psychiatric follow-up and a substance abuse follow-up, as long as deemed necessary by the professionals involved; [ 30 ] RECOMMENDS that the child involves himself in a follow-up for his personal difficulties, particularly substance abuse and a psychosocial follow-up, as long as deemed necessary by the professionals involved; [ 31 ] ORDERS that the child and his mother take an active

part in the application of the measures ordered;

[ 32 ] ORDERS that a person working in an organization or institution brings to the child, and his family, help, advice and support until April 30, 2023; [ 33 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment; [ 34 ] ORDERS the parties concerned by this order to comply with it. _______________________________ CELESTINA ALMEIDA, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Isabelle Gagnon for the child Ms. A Mother (absent) Written judgment filed on December 21, 2022.