2019 QCCQ 15214, 2019 QCCQ 15214

Protection de la jeunesse — 1910369 2019 QCCQ 15214 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000945-193 DATE: August 8, 2019 (written judgment rendered on November 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2008 [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 and B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X, born on [...], 2008, are endangered according to paragraphs (

f) and (c) [1] of

section 38 of the Youth Protection Act . [ 2 ] The DYP asks that the child remain with his mother with aid, counselling or assistance for a year. Position of the parties [ 3 ] The mother is present and represented by Me Mocanu. She denies most of the allegations, but she agrees with the measures. [ 4 ] The father is absent and not represented. [ 5 ] X, who is almost 11 years old, is present and represented Me Boudreau. He admits some of the allegations, and he agrees with the measures.

Facts [ 6 ] The situation of X was reported three times to the DYP: in September 2017, regarding psychological ill-treatment and neglect, in February 2018, regarding a risk of physical abuse, and in August 2018, regarding physical abuses. This last report appeared not founded. Between July and November 2018, three different workers were assigned to the file and despite the above-mentioned reports, the mother was met for the first time in August 2018. [ 7 ] After the birth of X, the mother started a relationship with Mr. C. The couple have four children together. Mr.

C took care of X as he does for his own children. The couple got separated in 2017. [ 8 ] In August 2018, the mother left for Town A with her new spouse. She entrusted X to his grandmother, and Mr. C took care of his four children. [ 9 ] On August 13, 2018, X disclosed that he had been the victim of physical abuse from his mother. According to him, she becomes abusive when she is intoxicated. X had marks of violence. The day after, the mother was arrested and detained. [ 10 ] On August 29, 2018, as the school year just started, X was suspended after having been violent towards another youth.

According to C, met by the DYP worker, X’s behaviour has been deteriorating since he is living with his grandmother. The same date, the mother was released, but decided to stay in Town B. [ 11 ] On September 9, 2018, the school principal said that he couldn’t integrate X back at school because everyone is scared of him.

He added that Mr. C collaborated with the school previously, but the grandmother does not collaborate at all. [ 12 ] Finally, X came back to school, and a shadow was assigned to him every morning. The collaboration of Mr. C was requested, but he refused as he has enough to take care of with his four children. [ 13 ] No special interventions were made until the end of February 2019, when the DYP worker spoke with the mother. [ 14 ] On March 7, X was suspended indefinitely from school. Mr.

C decided to be involved, but as the mother finally came back on April 1st, he stopped in order to avoid any conflict with her. [ 15 ] The mother came back with her boyfriend and decided to stay in Town C. She collaborated with the DYP and the school, and X was able to reintegrate school at the beginning of May 2019. The behavioural issues remained present, as well as the learning difficulties. X has a lot of schooling delay. According to the mother, at home, everything goes well. The DYP suspects a lack of structure at home.

The attendance at school is also very poor. [ 16 ] X was supposed to meet with the psychologist at school, but because of a misunderstanding, the mother was under the impression that she and X had a prohibition to communicate with the psychologist, so no meeting took place. [ 17 ] At the end of May, X had an important crisis at school, the police and the DYP intervention was needed. The school staff was overwhelmed. X was brought to the clinic, but he refused to speak. The doctor suggested that the mother go back home with X, have supper and come back, but she never came back.

The psychologist was very concerned as he considered X more dangerous for others than for himself. The school refused to take X back. [ 18 ] Nothing happened until July 30, when the mother was met by the DYP worker. She lived at Mr. C’s house while he was detained to take care of all the children. [ 19 ] The school psychologist provided a report and recommended the following: - These recommendations are relevant for both parents, grand-parents and school staff. - The school should play an important

part in the life of X: - It can be a safe place for him, a place where he can relate to people and feel less alone. A place where he can feel agency and empowerment thru resolution of emotional/social conflict. - Guidelines to intervention to help develop a better self-regulation, a better mentalization capacity and secure attachment: When in crisis: 1- It is suggested to place X in a calm room with an Inuit adult that he trust.

Waiting for him to calm down, talking less has possible, before doing mentalization. 2- After a crisis, do active searching together: - Out loud thinking of what happen; - Redo the events together; - Make hypothesis (realistic and non-realistic); - Use humor; - The adult can take him has an example of mentalization; When not in crisis: 1- Develop an inner feeling of security: - He need to feel that we are not overwhelm by him (to survive), we need to be constant, predictable and calm when intervening with him. 2- Empathic intervention: - He need to feel understood, we need to interested in what’s going on, name his feeling with empathy. 3- Use mentalizing intervention: - To try to make sense of is mental state (emotion, desire, wish, need, intention, beliefs) more than is behavior. - Psychotherapy using play therapy is strongly suggested for X.

A work on the household, self-regulation (aggressive, dominant impulsive behavior) mentalization and attachment issues are to be addressed. - Parental counseling is recommended with the father, the mother and the grandmother. The goal would be to work on their emotional supportive behavior and on limits settings towards X. It is also suggested to work the mother-son bond, particularly in the light of the last events.

(sic) [ 20 ] The DYP worker considers that the mother does not understand the seriousness of her son’s situation, but she is confident that the services offered will help in improving it. [ 21 ] The mother testifies that the situation has improved since the last few months. X is doing better. According to her, Mr. C has a bad influence on her son and on her other children. She is conscious that when she left, she was leaving her mother and Mr. C alone with the children, but she now wants to take her responsibilities back.

Analysis [ 22 ] The situation of X has been very unstable for a while, and he strongly reacts to his environment. It is obvious that he was seriously affected by the whole situation. He was and he remains in a situation where his development is endangered. [ 23 ] The mother seems to realize the impact of her choices and decided to come back. She is encouraged to maintain her involvement, a close supervision of her son, and also to collaborate actively with the school and the Director of Youth Protection, in order to stabilize a very fragile situation.

FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and the development of the child X, born on [...], 2008, are endangered according to paragraphs (

c) and (

f) of the

section 38 of the Youth Protection Act ; [ 26 ] ORDERS that the child remain with his mother; [ 27 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security and the development of the child are endangered; [ 28 ] ORDERS that the child and the mother take an active

part in the application of any of the measures ordered by the Court; [ 29 ] ORDERS that the recommendations set out by the psychological evaluation be followed and the service is offered to facilitate the schooling of X for the school year of 2019-2020; [ 30 ] ORDERS that the child and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 31 ] ORDERS that the child and the mother receive the services of an external educator for the period deemed necessary by the professionals; [ 32 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the mother and the stepfather; [ 33 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then that the measures are carried out; [ 34 ] THE WHOLE for a year, so until August 7, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me David Boudreau, attorney for the child Me Ana-Maria Mocanu Culuri, attorney for the mother Date of hearing: August 8, 2019