2015 QCCQ 12129, 2015 QCCQ 12129

Protection de la jeunesse — 153374 2015 QCCQ 12129 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 29473-154 Date: May 20, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2008 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 20, 2015, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a six year-old child, based on the neglect, serious risk of neglect and psychological ill-treatment to which he is exposed. [ 3 ] The facts alleged in support of the motion dated March 5, 2015 are as follows: 3.1. the father has been uninvolved in the child’s life, and his whereabouts are currently unknown; 3.2. the mother has expressed that the child has been diagnosed with Autism, through a psychiatrist at the [Hospital A]; 3.3. the mother has not sought out any services to address the child’s autism diagnosis; 3.4. the mother moved to a new apartment in or around January 2015; 3.5. since her move, the child has not attended school; 3.6. the mother explains the child’s lack of attendance by stating that he is not registered in school; 3.7. nonetheless, school officials report that the child was in fact registered at [School A], however the mother’s current boyfriend, Mr.

C, made it clear to them that he did not want the child attending that school; 3.8. there is a history of conjugal violence between the mother and Mr. C; 3.9. Mr. C and the mother have been in a relationship for approximately the past two (2) years; 3.10. the mother admittedly has been verbally and physically aggressive towards Mr. C, whereby she has punched and hit him, thrown things at him, and screamed at him; 3.11. the mother and Mr. C have a volatile relationship whereby they are frequently yelling, swearing, calling eachother names, and

verbally abusive; 3.12. there are concerns around the mother’s mental health; 3.13. on at least two (2) known occasions, the mother has made attempts at suicide; 3.14. in or around December 2014, the mother ingested approximately twenty (20) antidepressant pills while the child was in his room with a friend; 3.15. most recently, on February 25, 2015, after having an argument with Mr.

C, the mother threatened to jump off the apartment balcony, and then proceeded to stab herself in her leg with a knife; the child was in his room at the time of the incident; 3.16. following the said incident, the mother was diagnosed through the [Hospital B] as having a suspected borderline personality disorder; 3.17. on February 26, 2015, immediate protective measures were invoked and the child was placed in a confidential foster home; 3.18. on February 27, 2015, an extension of immediate protective measures was granted by the Honourable Justice Gaetan Zonato, for a maximum period of five working days (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to his maternal grandmother, Ms.

D, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Lefebvre, admitted most of the facts alleged in support of the motion. However, she denied not seeking services for her son’s autism and added that his lack of attendance at school was due to the fact that he was being transferred. She also explained that violent outbursts towards her partner were rare.

The mother expressed her consent to all the proposed measures. [ 6 ] Despite efforts to find him, the child’s father’s whereabouts remain unknown and he has had no contact with the child in several years. Consequently, the Court proceeded in his absence. [ 7 ] Me Fafard, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Child’s birth certificate; D-2: Parental capacity assessment, prepared by Dr. Catherine Cloutier, dated April 9, 2015 (filed under

section 294.1 C.p.c.); D-3: Court report, prepared by [Social Worker 1], dated May 8, 2015; D-4: Police report even no. […] (filed under

section 294.1 C.p.c.). [ 9 ] In

summary, the evidence establishes that the child’s security and development are in danger for the alleged reasons. [ 10 ] The mother agrees that the child be entrusted to her own mother and she intends to live with them in the family home. She has definitively ended her relationship with her abusive partner. Moreover, she is committed to actively participating in all aspects of the child’s treatment and has sought services for herself as well. She was followed at the [Hospital C] and is waiting for outpatient mental health services.

Unfortunately, the waiting lists are long and every effort should be made to help provide her with services as quickly as possible, especially since she claims to be motivated to benefit from them. [ 11 ] As recommended in her parental capacity assessment: Because Ms. A’s parental behaviors and attitudes are closely related to her mental health problems, improvement of her parenting capacity will depend on her capacity to be more stable emotionally and will necessitate specific interventions. • It is recommended that Ms.

A receive a psychiatric consultation and suivi for her mental health problems as well as to see if medication could help her in stabilizing her mood; • It is recommended that she engage in psychotherapy to be able to identify emotional triggers and develop awareness as to her functioning and coping strategies [2] (emphasis added). [ 12 ] In addition, the services of an educator are required to help meet the child’s specific needs as well as to help the mother and grandmother adjust to their new roles living together with the child: • It is recommended that Ms.

A work with an educator to help her in coping more effectively with her son’s behaviour before it becomes unmanageable. As well, this intervention can centre on her organizational limits in order to resume in meeting the educational needs of her son. Ms. A needs also to receive coaching pertaining to day-to-day attitudes and behaviors, which are specific to the needs of X who has an autistic disorder. [3] [ 13 ] [ 14 ] Despite her challenges and difficulties in meeting the child’s needs, the mother presents an obvious attachment to her son: Parenting strengths indicate that Ms.

A displays a positive attitude towards her son and she identifies qualities to her child. She was

observed to be active with her son during the interactions and wanted to engage him, although her son appeared to minimally use the relation with her, as a way to secure himself. Ms. A has access to social support within her family, who have in the pas, and are willing to intervene in the present and the future to assist her in her parenting role. [4] [ 15 ] Her motivation to redress the situation is reflected in the various steps she has taken since the beginning of the Director of Youth Protection’s involvement: While Ms.

A has been motivated to receive services for her mental health issues by a treating professional at the [Hospital B], she has also accepted the support from her mother and step-father who have invited her to live with them in City A until she is able to establish a stable environment, for her and her son. Ms. A has ended her relationship with Mr. C and is able to voice/understand the severity of the physical/verbal abuse she was enduring during her relationship with Mr. C.

She has also been proactive is registering X at [Elementary School A] and has agreed to receive services for his needs by [organization A]. [5] [ 16 ] The child’s grandmother testified regarding the measures taken to meet the child’s needs since he was entrusted to her care on March 13, 2015.

She appears committed to continue to care for the child and attested to the support received both from the child’s new school as well as in the community. [ 17 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the child's interest. THEREFORE, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and the development of the child, X , are compromised under sections 38 b) 1) iii), 38 b) 2) and 38

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 20 ] ORDERS that the child be entrusted to his maternal grandmother, Ms.

D; [ 21 ] TAKES JUDICIAL NOTICE that the child’s mother will be residing with them; [ 22 ] ORDERS that the child receive all health care services required by his condition, more particularly as a result of his Autism Spectre Diagnosis; [ 23 ] TAKES JUDICIAL NOTICE that he should begin receiving services as early as June 11, offered by [organization A]; [ 24 ] RECOMMENDS that the mother benefit from services related to conjugal violence, as well as other personal and mental health issues as recommended in her Parental Capacity Assessment; [ 25 ] STRONGLY RECOMMENDS that the Director of Youth Protection assist the mother in accessing such services, as quickly as possible; [ 26 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with the mother’s treating professionals regarding her participation, attendance and progress TAKING JUDICIAL NOTICE of the mother’s consent; [ 27 ] ORDERS that the family benefit from the services of an educator, at least once a week, for as long as necessary; [ 28 ] ORDERS that the mother ensure that her child not have any contact with C or E; [ 29 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and his family; [ 30 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J.

Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child Me Josée Lefebvre Attorney for the mother TD/vl