2020 QCCQ 12973, 2020 QCCQ 12973

Protection de la jeunesse — 209341 2020 QCCQ 12973 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002202-189 DATE: November 26, 2020 (written judgment rendered on December 18, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2002 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ 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 extend a decision rendered on September 3, 2020, regarding the adolescent X, born on [...], 2002. At that date, the Court declared the security and development still endangered and entrusted the adolescent to a rehabilitation centre until December 1, 2020. [ 2 ] The DYP submits that the situation does not allow a return of the youth to his mother and that the placement has to be extended until [...], 2020.

Position of the parties [ 3 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The youth is present and represented by Me Cassandra Neptune. He recognizes that his security and development are still endangered and he asks to be entrusted to his grandfather. History of the Situation [ 5 ] On August 22, 2018 , the situation of X was submitted to the Court. He was 15 years old. His biological parents were deceased, and he was adopted by his maternal aunt.

It is known that his mother consumed alcohol during her pregnancy. The situation of X was known from the DYP for two years, but the DYP got involved only in May 2017, after X assaulted his teacher and was not going to school regularly. Voluntary measures were signed in June 2017, and he was maintained under his mother’s care. In September 2017 and January 2018, he had inappropriate sexual behaviours. Since March 2018, X and his family benefit from the services of an external educator. It was noted that X did not have the intellectual capacity to understand what he did, so he was not accused for his misconduct.

In June after he assaulted one of his siblings, he was entrusted to a rehabilitation centre on voluntary measures. The Court declared that his security and development were endangered [1] and entrusted him to a rehabilitation centre until August 7, 2019. The Court also ordered that an IQ and a FASD evaluations be performed and all recommendations be followed. [ 6 ] On July 22, 2019, and July 26, 2019 , provisional orders were rendered and the placement in a rehabilitation centre was maintained. [ 7 ] On September 3, 2020 , the Court revised the situation.

The evidence showed that the mother received the services of an external educator and she collaborated very well. The situation of X remained with ups and downs. Indeed he could be very aggressive and sometimes, very adequate. On October 8, 2019, X met with Dr. Beltempo. The report was not produced, but the DYP worker wrote in his report: In his report, Dr.

Beltempo stated “that X has an intellectual disability requiring a host of special education interventions and rehabilitative methods to address memory problems and processing speed.” In addition, the Psychological Assessment Report stated: “X has already received the services of an external educator and an Individualized Plan of Learning (IPL) for several years. However, these

rehabilitative measures have not worked out so he would require more intensive interventions from a specialized school setting.” Furthermore, Dr. Beltempo assessed that X meets the criteria for a diagnostic of Attention Deficit/Hyperactivity Disorder. His intelligence potential is in the extremely low range consistent with a learning disability profile. X showed difficulties specifically with memory, processing, language, abstract reasoning and attentional difficulties that are far below the range of intellectual normalcy. In conclusion, Dr.

Beltempo mentioned that X would be recommended for specific remedial re-education and programming and reported that a neuropsychological and pediatric assessment focusing on Fetal alcohol syndrome disorder was needed. [ 8 ] After many serious events of aggressive behaviours, X was entrusted to unit A, a highly structured unit, from January 8 to January 21. He worked on his behaviour and his schooling. He made a lot of improvement, but he also knew that his home visits were conditional to his good behaviour, so he complied well when he wanted to have privileges.

X displayed inappropriate sexual behaviours and the DYP worker had concerns regarding X’s ability to understand what is right and what is wrong. As requested by the Court, an IQ evaluation was performed and the report concluded that X’s IQ was at an extremely low range which requires specialized services for intellectual deficiency. X is a very strong boy and when he makes a crisis, he cannot be restrained by only one person and sometimes, two people are not enough. The Court entrusted X to a rehabilitation centre and ordered that the medical evaluation be done urgently as recommended by Dr.

Beltempo to help X to receive the most appropriate services. Facts [ 9 ] X will turn 18 on [...], 2020. His difficulties remain present and he still needs a very structured environment. [ 10 ] The DYP worker took the appropriate steps for X to be assessed for a potential FASD. The evaluation was done, but the report is not available yet.

As there is not available proof that his mother consumed during pregnancy and as he does not show facial signs, it is possible that the doctor does not conclude to FASD, but a slight possibility remains. [ 11 ] Also, if the doctor does not conclude to FASD, this specialist made other tests to be able to pronounce himself on other possible diagnosis. [ 12 ] Since around three months, the DYP worker has more support from the collaborator in Town A to look actively for a solution for X after he had turned 18.

The DYP agreed to maintain a place for X after he had turned 18 and until a place be available for him at [Center A]. The steps were also taken to ensure him a place at the [Center A] as soon as possible. [ 13 ] Legal steps are also made to obtain a curatorship for X. The mother does not wish to assume this responsibility, and an application for a public curatorship will be heard at the beginning of December 2020. The required medical and social reports are made in view of this hearing. [ 14 ] X has more and more difficulties to manage his emotions and to control his sex drive.

This situation can put him in trouble and create long-term consequences for potential victims. The DYP worker insists on the facts that those situations could lead to criminal charges and jail sentence or psychiatric hospitalization, but X is not a criminal man. He has personal difficulties and that has to be properly addressed. [ 15 ] When he is well surrounded, X is able to accomplish a very good job. He is working hard and he could be an asset for the society. But the situation is very fragile and everything depends on the supervision and the resources provided to him.

X is also totally able to understand what is taught to him if it is taught with concepts he is able to understand. Analysis [ 16 ] X’s situation remains endangered, and he needs very specific services to be able to develop his potential properly. [ 17 ] At the last hearing, the Court raised concerns about the delays X faced before having access to medical evaluations.

As mentioned, without those evaluations, and without any precise diagnosis, it was impossible to know and to request for the most appropriate services. [ 18 ] Today, the Court notes that the steps had been taken as requested and shortly, the family and the DYP will be able to know exactly what the situation is. Also, the DYP worker took the appropriate steps for the adulthood which come very fast and the Court is satisfied to see that X will not be left on his own on [...], 2020.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the adolescent X, born on [...], 2002, are still endangered; [ 21 ] ENTRUSTS the youth to an institution operating a rehabilitation centre, chosen by an institution operating a child and youth protection centre; [ 22 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 24 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection will continue to participate in the process for requesting a curatorship; [ 25 ] ORDERS that the youth receive specific health care and services required by his situation and that all medical recommendations be followed;

[ 26 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth, the mother and the extended family are determined by the Director of Youth Protection; [ 27 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the youth and his family; [ 28 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 29 ] ORDERS the execution of the present judgment by any peace officer; [ 30 ] THE WHOLE until [...], 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Karianne Asselin, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: November 26, 2020