2022 QCCQ 14531, 2022 QCCQ 14531

Protection de la jeunesse — 229009 2022 QCCQ 14531 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001869-145 DATE: August 9, 2022 (written judgment rendered on September 28, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2007 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A, deceased Mother and B 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 a decision rendered on April 14, 2022, regarding the adolescent X, born on [...], 2007. At that date the Court declared the security and development still endangered and entrusted the adolescent to a foster family, until April 30, 2023. [ 2 ] The DYP asks that youth be entrusted to a rehabilitation centre with a gradual reintegration in a foster family as soon as the situation allows it, for a period of 1 year.

Position of the Parties [ 3 ] The father is absent, but represented by Me Angèle Tommasel. He recognizes that the security and development of his child are still endangered and he agrees with the measures. [ 4 ] The youth is 14 and a half years old. She is absent, but represented by Me Cassandra Neptune. She recognizes that her security and development are still endangered and she agrees with the measures.

History of the Situation [ 5 ] On November 28, 2014 , the Court entrusted the child to a foster family considering her parents’ alcohol consumption issues. [ 6 ] On December 17, 2014 , the Court was seized with an application for protection. X was 7 years old. The parents admitted their alcohol issues, but they were proud to say that they quit one month before. The mother was determined to attend Center A. The parents lived together for 28 years. They had 5 biological children and 3 adopted. X was one of the adopted children. Their alcohol issues were quite recent, and their extended family was very helpful.

The DYP intervened in their life in 2014, after the mother attempted 3 times to her life. The parents realized the seriousness of their situation. The Court declared the security and development of the child endangered [1] and entrusted her to a foster family until June 19, 2015, with a possible reintegration after the mother would have attended Center A. [ 7 ] On June 18, 2015 , the Court did not proceed on the revision, as the family house burnt the day before, and the mother died in the fire.

The placement was maintained. [ 8 ] On September 17, 2015 , the evidence revealed that the father was living at one of his oldest daughter, Y. He worked hard to provide for his family, but he still displayed alcohol consumption issues. The Court entrusted X to a foster family until May 25, 2016. [ 9 ] On May 24, 2016 , the Court noted that the father still had alcohol consumption issues. The father exercised regular contacts with the child, but he did not respect the calendar made by the DYP. He was open to follow the recommendations and to seek help. The

Court entrusted the child to a foster family until December 23, 2016. [ 10 ] On December 19, 2016 , the Court maintained the placement under provisional measures. [ 11 ] On January 25, 2017 , the father’s issues are still present. He exercised some access being intoxicated and he was not able to feed the child during those visits. The father did not provide winter clothes for her. The child was entrusted to her older sister and everything went well. The father planned to attend Center B. X displayed violent tantrums.

The foster mother (sister) was pregnant and could have difficulty to deal with her new born and 3 foster children with very particular needs. The Court entrusted the child to a foster family, taking judicial notice that the foster family would be C, until January 25, 2018. [ 12 ] On February 2, 2018 , the placement was maintained on provisional measures. [ 13 ] On February 21, 2018 , the father said he was able to reduce his alcohol consumption. The child was at her sister’s place since June 2017. Despite the information to the fact that there was alcohol consumption in the house, the child was doing well.

The Court entrusted the child to a foster family until February 28, 2019, and ordered that a life plan be prepared. [ 14 ] On February 27, and April 16, 2019 , the placement was prolonged under provisional measures. [ 15 ] On May 17, 2019 , the Court revised the situation. The father still had alcohol consumption issues. The child was entrusted to a foster family in Town B and said that she preferred to be entrusted in Town A. The father insisted a lot for them to be entrusted back in Town A and X said the same thing, but would also accept to remain in this foster family. The child have behavioural issues.

She suffered from many traumas, and particularly, she was sexually abused. The child was entrusted to a new foster family still in Town B. The Court prolonged the placement and ordered extended contacts with the father and the family in Town A. The Court also ordered that X receive support for her emotional distress, including sexual abuse and the loss of her mother. The Court also ordered a psychological evaluation for X and a follow-up if needed, the whole until May 31, 2020. [ 16 ] On December 31, 2019 , Dr. Beltempo signed a psychological evaluation of X.

He concluded as follows: X showed signs of long-standing trauma […] The best description to characterize X would be a pre-adolescent who is repressed, inhibited, with mixed up feelings about much that is really going on inside her inner self. […] What has helped her to cope in the past was to go to school, to keep busy with friends and have telephone contact with her old sister, Z. X would like to FaceTime her sister to make it more real. I strongly suggest that we support this request. D is the interpreter but also a Community Worker and a great source of trusted support for her.

X would like to continue to see D and trusts that she will be there for her, in contrast to the Social Workers who “seem to come and go.” [ 17 ] Dr. Beltempo recommended specifically: • It would be very beneficial for X to have increased visits along with FaceTime contact with her older sister, Z, in Town A. • I would highly recommend D, the Community Worker , who is the most consistent and most trusted person to be able to work with her on the issues of grief counselling , similar to what happened in today’s session.

D appreciated the fact that X was able to finally let go her sadness and sorrow. • We strongly suggest that D, as a community worker , under the supervision of a Social Worker, continues this counselling and to focus on the abandonment, loss of her grandmother and grief of being abandoned by her mother. • We also recommend that counselling sessions be held between Foster Mother and X to improve communication and to clarify problematic expectations as they emerge.

X has outstanding attachment sequelae which may surface in the form of acting-out (self-undermining behaviors) when she cannot or will not express her internal needs. It would be important that the counselling sessions explore in a non-judgmental way, her true underlying feelings and needs. • Lastly, I recommend regular visits with her sister (

Z) rather than haphazard visits have occurred lately. If X knows that she is regularly going to visit her sister, she will probably be able to adjust more adequately. [ 18 ] On May 26, 2020 , the evidence showed that the father continued to have alcohol consumption issues, but was able to reduce it. The contacts between the child and the father were positive. Some allegations, about sexual abuse on a minor by the father, were raised. The father denied it, but understood that he could not be alone with the child. X was entrusted to E and F, and she was doing well there. She had no more behavioural issues.

The Court entrusted her specifically to this foster family until April 30, 2021, ordered that the child and the father receive the services of an external educator for as long as deemed necessary and ordered that the contacts with the extended family continues to be regular. [ 19 ] On October 8, 2020 , the youth was entrusted to a foster family under provisional measures. [ 20 ] On November 25, 2020 , the Court revised the situation. X had remained in the same foster family, but in July 2020, she decided by herself to change foster family because she had been assaulted by the previous one.

She went to her sister’s foster family, and she did very well there. The DYP worker was not aware of that change. The father maintained a great collaboration with the DYP, and he was always very happy to have home visits with his daughter. The Court entrusted the child to a foster family and took judicial notice that she was entrusted to Ms. G who is considered as a potential long-term placement, the whole until May 31, 2021. [ 21 ] On April 22, 2021 , the Court revised the situation. The father’s situation remained the same. He collaborated well with the DYP, but took no steps to resolve his issues.

X asked to be entrusted to a new foster family without being able to explain why. She is doing well at school. The youth had been moved 43 times from a foster family to another. The Court entrusted her to a foster family until April 20, 2022.

[ 22 ] On April 14, 2022 , the Court revised the situation and ratified a draft agreement signed by the parties. The parties recognized that the father, even if he still displayed alcohol consumption issues, he had been able to improve his situation. X remained entrusted to Ms. H. The youth displayed aggressive behaviour, depression, suicidal ideation, risky relationship and psychotic symptoms. She had to receive psychiatrist medical care. She agreed to receive medication and to participate in a regular psychiatric and psychological follow- ups.

The Court entrusted the youth to a foster family until April 30, 2023. [ 23 ] On May 30, 2022 , the Court entrusted the youth to a rehabilitation centre under provisional measures. Facts and Analysis [ 24 ] Considering the absence of contestation, the parties file a draft agreement. [ 25 ] In this draft agreement, the parties admit the facts that justify maintaining the declaration of endangerment. The facts are the following: 3. The father admits the following facts: 3.1. Since the last Court hearing, the situation of the father remained the same; 3.2.

The father is still minimally involved in the life of the youth, but is available for her if need to be; 3.3. The father was able to reduce his alcohol consumption, but still displays alcohol consumption issues; 3.4. Since the last Court hearing, the youth remained under the care of the foster family of Mrs. H in Town B; 3.5. On the night of May 19, 2022, the youth was medevac to the Town A hospital; 3.6. The father ignores most of the facts related to the youth’s personal situation; 4. The youth admits the following facts: 4.1.

The father is still minimally involved in the life of the youth, but is available for her if need to be; 4.2. The father was able to reduce his alcohol consumption; 4.3. Since the last Court hearing, the youth remained under the care of the foster family of Mrs. H in Town B; 4.4. On May 12, 2022, the youth disclosed to her Youth Protection worker that she has been sexually abused by another youth, Mr. I 4.5. According to the youth, Mr. I would have kissed her against her will and touched her private parts while she was trying to sleep; 4.6.

The youth disclosed that it was not the first time that men sexually abused her and that one (1) time, a man offered her alcohol in exchange for sexual services; 4.7. Following that event, the youth Mr. I had criminal conditions not to be in contact with the youth; 4.8. On May 19, 2022, the Youth Protection received the information that the youth was at Mr. I ’s house despite the prohibition for him to be in her presence; 4.9. During a meeting with the youth to assess the situation, the latter stated that she was afraid of Mr. I and that she would kill him; 4.10.

The youth then stated that she would kill herself and left quickly to go to the foster mother’s house; 4.11. The police had to intervene, and the youth was brought to the nursing station to assess her suicidal threat by the medical team and the Social Services; 4.12. The youth was placed in the isolation room and proceeded to destroy the isolation room’s mattress; 4.13. The youth then made a rope with the plastic materials, putted it around her neck and tightened it; 4.14. When the nurses tried to help her and get rid of the rope, the youth charged them aggressively and tried to hit them; 4.15.

The youth was finally stabilized, dressed in an antisuicide jacket and medevac to the Town A hospital later in the night; 4.16. On May 20, 2022, the youth met with her psychiatrist, Dr. Anna Gomez, and the latter prescribed new medication for the youth; 4.17. On May 25, 2022, the youth had another meeting with Dr. Anna Gomez to assess her suicidal and homicidal risk; 4.18. That same day, Dr. Gomez stated that if the youth had no reliable safety plan in Town B, then the Youth Protection should entrust the youth in a rehabilitation centre unit as soon as possible and to favour her access to therapy; 4.19.

The foster family is currently unable to ensure the youth’s safety as the latter is putting herself at risk and refusing to respect the rules; 4.20. A rehabilitation centre, namely Center C in Town C, is the only environment that can provide the youth with the structure and services she needs.

[ 26 ] The parties agree with the following measures: 6.1. That the youth be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre; 6.2. That the youth be gradually reintegrated in a foster family as soon as the situation allows it; 6.3. That the youth and the youth’s father report in person, at regular intervals, to the director to inform her of the current situation; 6.4. That the youth not come into contact with certain person designated by the tribunal, namely Mr. I; 6.5.

That the contacts between the youth and the father be determined by the Director as for the modalities, the frequency and the degree of supervision; 6.6. That a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; 6.7.

That the situation of the child be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out; The whole until: August 31, 2023. [ 27 ] After verifying that the content of the draft agreement had been clearly explained to the parties and that the consent had been given freely, the Court declares to agree with the measures and accepts to ratify it.

FOR THOSE REASONS, THE COURT: [ 28 ] GRANTS the application; [ 29 ] DECLARES that the security and development of the adolescent X, born on [...], 2007, are still endangered under sections 38 (b) (1) iii and 38 (b) (2) of the Youth Protection Act ; [ 30 ] DECLARES that the security and development of the adolescent X, born on [...], 2007, are also endangered under

section 38 (d) (2) of the Youth Protection Act ; [ 31 ] RATIFIES the draft agreement; [ 32 ] ORDERS the implementation of the following measures and ORDERS the parties to comply with those: • That the youth be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre; • That the youth be gradually reintegrated in a foster family as soon as the situation allows it; • That the youth and the youth’s father report in person, at regular intervals, to the director to inform her of the current situation; • That the youth not come into contact with certain person designated by the tribunal, namely Mr.

I; • That the contacts between the youth and the father be determined by the Director as for the modalities, the frequency and the degree of supervision; • That a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; • That the situation of the child be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out; The whole until: August 31, 2023. [ 33 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the father

Date of hearing: August 9, 2022