2023 QCCQ 8535, 2023 QCCQ 8535

Protection de la jeunesse — 232729 2023 QCCQ 8535 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000886-228 DATE : MARCH 14 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2011 Child And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A, Applicant and A, deceased, B Parents . JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) submits an application for a review of the decision rendered on September 29 th , 2022, entrusting the child to a rehabilitation center with possible reintegration to a foster home after three months if the situation allows, along with many supporting measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to order that the child be remained in a rehabilitation centre for a period of six months and to authorize his integration into a foster home meaning a specific foster home who could provide him stability and structure. [ 3 ] The mother is deceased.

The father has been duly served. He is absent at the hearing. [ 4 ] The child is accompanied by his former foster mother. [ 5 ] M e Massé on behalf of the child admits the alleged facts that he is aware of. The child denies that at the present time he cannot return to a foster home. He disagrees with the recommendations. He does not want to stay in a rehabilitation center. He would like to go home, if not possible to go to a foster home. [ 6 ] The evidence reveals the following facts. [ 7 ] Since the last judgment, the child remained in a rehabilitation centre.

On September 14 th , 2022, he was transferred to a group home in Town B. At the end of a visit in the community on October 15 th , 2022, the child was moved to the group home in Town C. It was felt that this group home offered more services to suit his special needs. [ 8 ] The child was in the community for the holidays. It was very difficult for him to return to the group home in Town C and his return was delayed on two different occasions. [ 9 ] The child received support in order to help him to deal with his behavior issues.

The child was assessed by a psychiatrist, doctor Sofie Mauger. [ 10 ] The child has improved his behavior. However, he continues to exhibit serious challenging behaviors. The child returned to school on February 9 th , 2023, with a shadow sitting next to him. [ 11 ] Doctor Mauger, psychiatrist, and behavior analyst Trevor Friesen are of opinion that the group home is not the right fit for a child like X based on his diagnoses. The child has been diagnosed with FASD , ID and ADHD. He needs a routine,

schedule to follow. He needs stability and structure. [ 12 ] His former care giver C was unable to control the child’s out- bursts. The Youth Protection has made attempt to find a center for special needs youth with behavioral problems but at the present time didn’t find the right fit for the child.

Such a facility could be found in the South but at the same time it is important for the child to remain on the A territory so that he does not lose his culture. [ 13 ] [Social Worker 1], Youth Protection worker, identified the main goal of the measures in the following terms [2] : Our main goal is to have X return to the environment that he has always been in before being placed in the Rehabilitation Center. However, doing so is difficult given that his concerning behavior still remains a risk. DYP cannot return X at this time as he is still young and vulnerable, and his behavior has not yet stabilized.

Although the group home is very overwhelmed and exhausted with having X in their care, it is the only place that his security is safe and met at this time. [ 14 ] Doctor Sofie Mauger, psychiatrist, identified a plan saying that group home environment does not appear to be the best environment for the child but if he stays at group home, she recommends that the professionals should consider putting in place Trevor Friesen’s recommendations which are excellent. [3] Youth Protection told the Court that all professionals know these recommendations and they apply it. [ 15 ] She also underlines the fact that it is important to consider regular follow-up with group home to reassess the situation and to adapt intervention. o Consider regular follow-up with Group home to reassess the situation and adapt interventions - When return home: o Support of an educator who could do an intensive assessment in the home environment o Would benefit from regular follow-ups for parental coaching + adapt behavioural interventions based on response o Consider regular reassessment (e.g. 4x/year) to support X and his family at home.

[ 16 ] Mr. Friesen explains [4] that if he should stay at the group home a plan should be taken into consideration : Based on my observations at the group home between Nov 7 th and ll th , 2022, it is my professional opinion that this group-home environment is not the right fit for X's individual needs. Some members of staff also shared this opinion during the Nov 9 th meeting. Some members of staff shared that X should follow the group home instructions simply because he will learn there are rules to follow and consequences for breaking those rules.

Some staff members shared that they need to be firm, and that X needs to learn what "no" means. From their comments, it appears that there is at least a small-group consensus that X should conform to the group-home environment instead of adapting the environment to meet X's individual needs. Some staff reported feeling overwhelmed with X's challenging behaviours and have said they would leave their positions if he remains at the group home. I am deeply concerned having observed X missing meals during the day.

It is my belief that it is the group home's responsibility to meet his basic needs even if it means sometimes preparing food for him that is less nutritious. Given his reasonably varied diet during breakfast and supper, I recommend some flexibility when it comes to lunch preparation in the group home, especially since there currently are no other clients living there. It is my professional opinion that X's phone privileges should never be removed as a punishment for breaking a rule in this group home. Currently, he is alone and isolated from his family.

These phone calls are a small but significant way for him to stay connected to his family, his support, and community. I am supportive of trying to

schedule these phone calls and create conditions that allow staff to supervise him for his safety. Finally, it was my observation that X openly talks about how he does not like being restrained by staff. One staff member shared hearing X make a comment about suicide in relation to being restrained.

It worries me that although nobody likes physical restraint, some staff were not open to exploring alternative strategies to reduce their occurrences [ 17 ] It appears from the whole evidence that the main goal of the measures is to return the child to the environment in which he has always been before his placement in rehabilitation center. On the other hand, he does not need the structure of a rehabilitation center anymore. But at the same time, he needs to live in an environment who could provide him stability, structure and the capacity to control and understand his outburst.

At the present time, the resource has not been found A territory. The recommendation that the child could be entrusted in such a foster home as soon as this home is identified respects the child’s rights and is in his interest. THEREFORE, THE COURT : [ 18 ] GRANTS the Application; [ 19 ] DECLARES that the security and development of X born on [...], 2011 are still endangered under

section 38

a) and

f) of the Youth Protection Act .; [ 20 ] ORDERS that the child remain entrusted to a rehabilitation centre for a period of six (6) months ; [ 21 ] AUTHORIZES his integration into a foster home; [ 22 ] ORDERS that the Group Home follow the recommendations made by the professionals; [ 23 ] ORDERS that the child receive specific health care and health services; [ 24 ] ORDERS that the frequency and modality of contacts between the child and the child’s family members be determined by the Director of Youth Protection; [ 25 ] ORDERS that the child benefit from counseling services for grief regarding the loss of his mother back in 2020; [ 26 ] ORDERS that aid, counseling and assistance be provided to the child and the child’s family for a period of twelve (12) months, until March 14 th , 2024 ; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 28 ] The whole, until March 14 th , 2024 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Father absent, not represented M e Yan Massé Advocate for the child Dates of hearing : March 14 th , 2023 Last exhibit: D-8