2012 QCCQ 17256, 2012 QCCQ 17256

2012 QCCQ 17256 Protection de la jeunesse — 126706 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] CITY OF […] « Youth Division »

N o : 640-41-001329-108 DATE: May 23, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 1997 SOCIAL WORKER 1 and SOCIAL WORKER 2, persons duly authorized by the Director of Youth Protection A C.Y.P.C., working in Town A (Quebec), district A; Petitioner -and- A , residing and domiciled in Town A (Quebec), district A; Mother -and- Father, (undeclared). ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on January 17, 2012 by Justice Jean-Pierre Gervais in which he entrusted X to her family for a period of eight (8) months. [ 2 ] Today, the Director recommends that X be entrusted to a foster family for a period of six (6) months with a possible reintegration with her mother according to the evolution of the situation. [ 3 ] X is present at the hearing with her attorney.

She is presently living in a foster family in Town C after a short stay with her aunt. She wishes to be returned to her mother's care today. If it is not possible, she wants to be sent in the A reception center in town B. [ 4 ] The mother is also present with her attorney. She says that if her daughter cannot come back home today, she leaves it up to the Court to decide if her daughter should be entrusted to a foster family or in a reception center.

Update of the situation since January 17, 2012 [ 5 ] Since the last decision, X's family dynamics remain problematic. [ 6 ] The day after Court, the mother calls the social worker to tell her she is unable to find her daughter for the return flight to Town A. X has run away. [ 7 ] When X is found, she explains to the social worker that yesterday night her mother got drunk and said she did not want her

anymore. X also explains that her mother is drinking a lot and that there is never enough food in the house. [ 8 ] That day, the mother admits being tired of taking care of her daughter but still agrees to take her back home. [ 9 ] X is brought to the airport but she is still very upset. She tears up her plane ticket and leaves the airport. It is impossible to put her on the plane. [ 10 ] The following day, she resists again boarding the plane. She maintains not wanting to go home because of what her mother said to her.

Encouraged by the social worker to be patient, X agrees to return home. [ 11 ] On February 9, 2012, the home educator meets with the mother. The mother explains being overwhelmed with her parental responsibilities. She has no more help at home since her boyfriend died in a tragic snowmobile accident in December 2011. She is torn between sending her daughter to school and keeping her home to help her with chores. The mother has no food to feed her children.

She is exhausted. [ 12 ] The mother also relates to the home educator difficult events that she went through during her childhood: sexually abused at 8 years old, dropped out of school at 12 years old and became a mother at 15 years old. The mother feels X should realize that her life is already way better than hers. Accordingly, she does not understand why X would benefit from social services when she did not. [ 13 ] On February 23, X makes a threat to the police and assaults someone in the community. X explains that people in town were out to get her for "payback".

Soon after, she threatened to commit suicide in saying it would be easier for everyone if she would just kill herself. [ 14 ] X is brought to the clinic but she refuses to talk. She asks to spend the night at her friend's house. With the approval of her grandfather, as the mother is not home, she is sent there. [ 15 ] The following day, the mother comes to the social worker's office screaming that she did not approve X to stay with that friend. When the social worker tries to explain the situation, the mother becomes abusive and says she wishes X and the grandparents would die.

The mother repeats that when she was X's age she was beaten and molested by her parents and that it is no big deal if X has a rough life like her. [ 16 ] The social worker finds X at her aunt's house who escorts her back to her mother's home. [ 17 ] Half an hour later, the grandmother found X acting bizarre. X has taken several pills of Respiradal . She is immediately medevaced to the A Hospital where she remains under observation for a few days. [ 18 ] On February 26, 2012, Dr.

Loona concludes that X is impulsive and unpredictable because of her relationship with her mother. [ 19 ] Indeed, on March 1, X has a visit from her mother at the hospital. During their contact X becomes aggressive and breaks the toilet seat. X is so disorganized after that visit that she has to be restrained, sedated, and taken to the isolation room to calm down. [ 20 ] The day after, X is doing much better. She is in a good mood when her friends visit her.

But when her mother arrives, her comments provoke X's violent rage. [ 21 ] According to the doctor, it is evident that X's mother is the precipitating factor in X's violent episodes. [ 22 ] Because of that on March 8, 2012, the Director asks the Court that X be entrusted to her aunt B in Town C until the review petition can be heard. [ 23 ] At her aunt's place, at first, X respects the rules, does chores and does not display any aggressive or suicidal behaviors.

X feels comfortable in Town C as nobody would bother her, she says. [ 24 ] While X is staying with her aunt, the social worker attempts to work with the mother in paving the way for her daughter's return home. Each time, the mother refuses. She is angry. She does not collaborate. [ 25 ] The mother keeps saying that when she was 12 years old, she did not have any help or support.

So why would X have it and not her, she asks. [ 26 ] X's other aunt, Elisapee, feels it would be better for her niece not to live with her mother because the mother is presently overwhelmed. [ 27 ] At the hearing, the social worker testifies of new facts that occurred after writing her social report. [ 28 ] She says that the aunt, B, called her last week complaining that X was not following the rules and helping her anymore. [ 29 ] The social worker tried to support the aunt but the mother showed up and the placement collapsed. X was sent to a new foster home but the mother followed X there.

X became disorganized. The mother was aggressive. It was impossible to have a calm discussion. The mother kept asking the social worker to pay for her plane ticket to go back to her community. [ 30 ] The mother finally went back home and things calmed down with X. [ 31 ] The foster family says that X is respecting the rules and that she is helpful, following curfew and doing chores. She is ready to keep her for the time needed. [ 32 ] The social worker does not see any reason why X should be entrusted in a reception center A.

[ 33 ] The social worker attempted to understand why X wanted to go to the reception center. Since X could not give her any reason, she guesses that she has a friend there that she would like to see. [ 34 ] When X testified, she could not express any reason that would justify the Court to send her in a reception center A. [ 35 ] As for the mother, her lawyer explained to the Court that the family situation is complex. [ 36 ] In the mother's house, there are three generations living together. Life is not always easy.

To improve the family group living, a big discussion occurred last week between the three generations, she says. The whole family looked for a way to better live together in the house. Meanwhile, the mother also started to realize that her personal life has an impact on X. Analysis and applicable measures [ 37 ] The relationship between X and her mother is actually jeopardized by a negative dynamic. They love each other, no doubt. But something in their relationship makes them both react promptly. The mother's words provoke serious acting out for X.

As a result, mother and daughter experience a very unstable relationship. One day they desperately want to be together; the next day they want to abandon each other. [ 38 ] These dynamics must change. And this needs time. [ 39 ] Time to heal and time to get the energy to work out a different way to interact. [ 40 ] X can have a better life than her mother. X does not need to go through the same bad experiences that her mother went through. [ 41 ] Today, the mother and X say they are ready to live together. [ 42 ] The Court does not share their point of view.

In doing so, the risk is too important that their unresolved negative dynamics provoke X's placement shortly upon her return. [ 43 ] The Court thinks it is wiser for the mother to take some time to start healing what has been hurting her inside for so many years in order to be more at peace with herself, and then be in a better position to work on her relationship with her daughter. [ 44 ] This time will also allow the mother to recover. The mother is tired. She has lost her boyfriend a few months ago.

This has created a big hole in her life and an additional stress in trying to hold the house for every member of the family. [ 45 ] A few months will give her time to settle down for a smooth and well-prepared return of X home. [ 46 ] This is the reason why the Court feels that the time has not yet come for X to go back home. [ 47 ] If not at home, where should X be living in the meantime? [ 48 ] If the objective of the mother and X is to work on their relationship, the Court finds that maintaining X in the north is more advantageous than sending her to Town B. [ 49 ] Besides the fact that there is no evidence that X needs to go to the reception center, the Court thinks that X will benefit to go home on a regular basis to test her improved relationship with her mother.

Maintaining her up north will make it easier to organize regular visits. [ 50 ] As for the reintegration with her mother, the Court does not disagree with visiting rights and even extended ones. But, looking into the work that has to be done, the Court does not see the reintegration in the first months. [ 51 ] Accordingly, the Court will not authorize this reintegration too quickly. The mother and X have to take a step back to better come back together, and this time, in a permanent way, not only for a few weeks.

THEREFORE, THE COURT: GRANTS this motion; REVISES the decision rendered on January 17, 2012 by Justice Jean-Pierre Gervais; DECLARES that the security and the development of X A continue to be in danger; ENTRUSTS X in foster home for a period of six (6) months ; RECOMMENDS that X be allowed frequent home visits for short periods, i.e. two (2) days at a time; ORDERS that X attend school on a regular basis; ORDERS that X and her mother continue to work with the home educator; RECOMMENDS that X be given the opportunity to pursue artistic talents, which could serve as an outlet for her emotional turmoil; ORDERS the mother to meet with the social service worker or D.Y.P. delegate in Town A on a regular basis to deal with her personal issues; ORDERS that a person working for an institution or body provides aid, counsel and assistance to X, her mother and the family for a

period of one (1) year ; ENTRUSTS the situation of X A to the Director of Youth Protection A C.Y.P.C., who shall then see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ LISE GAGNON, J.C.Q. M e Gabriel Gaudreault Attorney for the D.Y.P. M e Jean-Francis Bonnette Attorney for the child M e Sarah Plamondon Attorney for the mother Date of hearing: May 23, 2012