2013 QCCQ 20044, 2013 QCCQ 20044

Protection de la jeunesse — 138847 2013 QCCQ 20044 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41-000420-114 DATE: November 13, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in CITY A Applicant -and- X, residing and domiciled in CITY A , province of Québec, district A Child -and- A, residing and domiciled in CITY A , province of Québec, district A Mother -and- B, residing and domiciled in CITY A , province of Québec, district A Caregiver ______________________________________________________________________ JUDGMENT ( Sections 95 ( par. 1) and 75 , Youth Protection Act, R.S.Q c.

P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of a motion under Sections 95 ( par. 1) and 75 of the Youth Protection Act concerning X , born on [...] , 2000. The review concerns a judgment that was rendered on December 11, 2012 by the Honorable Louis A. Legault, J.C.Q. [ 2 ] The child was then entrusted to a rehabilitation center for a period of six months and an evaluation by a child psychiatrist was ordered. Some other measures of help were ordered for the duration of the placement.

The applicant is now asking the prolongation of this placement for another period of six months. [ 3 ] The parties are present and represented, except for the caregiver (maternal grand-mother) who is not represented. The youth and the mother agree with the recommendations of the applicant. As for the maternal grand-mother, she disagrees that her grandson be entrusted in a reception center for a period of 6 months. [ 4 ] On December 12 2012, the honorable Louis A. Legault, J.C.Q. declared that the security and development of the youth had still been in danger.

The youth was entrusted in a rehabilitation center for a period of 6 months because of a serious behavior problem. These problems have been present for a few years. [ 5 ] Between December 13 2012 and today, the youth accumulated an amount of 58 incidents in the center. As soon as he arrived at the center, the youth showed that he had trouble managing his anger and started to assault the people around him, especially the staff. He can switch from annoyed to very angry in a few seconds and usually starts to assault people around instantly.

This occurred mostly at bedtime, where he would start seeking attention by not respecting the rules and the demands. This happened almost every night in the first four weeks of his arrival at the center. [ 6 ] Once the youth got comfortable falling asleep by himself in his room, the staff noticed that the crisis happened more any time of the day, with anybody. A typical crisis consisted in screaming, slamming the doors repetitively, spiting, ripping his clothes, punching and kicking people around and finishing by peeing in the seclusion room by the door. [ 7 ] On February 26 2013, Dr. Larose met with the youth.

She diagnosed ADHD and prescribed Concerta and Risperdal. This seemed to help a little for a period of around one month. The crisis situations went from one per day to one crisis every two or tree days. [ 8 ] In March 2013, X expressed that he was being sexually abused by an older youth also placed in the A Rehabilitation Center. The events were described as touching over the clothes. [ 9 ] On April 15 2013, the youth was interviewed by Dr. Joseph Beltempo, Psychologist.

In his report, he mention's the following: X is a 12 year, 5 month old, Inuit child who was seen in A Reception Center in CITY B under the Youth Protection court mandated a psychological assessment. Ms. [Social Worker 1] , Social Worker from CITY A has specifically requested a review of his psychological

status and was also looking for solutions and recommendations. Physically, X appears his stated age but has some physical signs that cannot rule FASD. X has poor communicative skills and is especially cut off from his emotions, showed very little insight. He prefers to communicate on a very concrete level and cannot learn from an abstract perspective. He needed constant re-focusing and external reminders to stay on focus. He has all the classical symptoms of ADHD, Conduct Disorder and Oppositional Defiance features. We cannot rule out FASD based on preliminary screening test results.

Family, psychological and social history, indicates that X 's father committed suicide and that his mother has gone to Montreal, with little contact. X was raised in a family background with poor limits and structure and was placed in the care of his grandmother in CITY C who could not provide sufficient structure and was eventually placed by the DYP authorities in A Reception Center. I would recommend very strongly that X remain in placement because he requires high structure, high consistency and that the external environment, the Rehabilitation Center use Behavioral Modifications approaches.

These techniques have been consistently more successful than other approaches but in X 's case may take longer to be effective because he does not learn from his experiences. It is also recommended that he continues to be followed up medically for his Concerta and Risperdal prescriptions.

Thirdly I would recommend individual counseling sessions through the A Reception Center with his Primary (key) Worker be provided for his on a regular basis to help X focus on specific positive aspects of his behavior, in other words, to focus on one positive target per week as a type of positive reinforcement. [ 10 ] Presently the mother is living part time in City C and in CITY A . The mother is more involved in the life of her son since her return in CITY A to follow a treatment for her alcohol problem in order to get her son back. The maternal mother, Mrs. B , still works full time and loves her job.

She has been the main caregiver of the youth and his sister. Following incidents that occurred between her boyfriend and the youth, she is taking better action to make sure that the children under her care are safe. She still has alcohol issues. [ 11 ] Considering the behavioral problems of the youth, he cannot be entrusted to his mother and/or his maternal grandmother so that his needs can be met. There is also the fact that his medication has to be adjusted and be followed by a child psychologist.

FOR THESE MOTIVES, THE COURT: GRANTS the petition; DECLARES that the security and the development of X is still endangered in accordance with

Section 38 YPA; ENTRUSTS the child to a rehabilitation center for a period of six months with reintegration with a member of his immediate family, if the situation allows it; ORDERS that Youth Protection make a plan for child’s reintegration; ORDERS that the child receive specific health services, namely a follow-up with a child psychiatrist, and that Youth Protection and the family follow the recommendations; ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family during one year, more specifically for the mother concerning her past of consumption of drugs and alcohol; ORDERS that the child and the his grandmother reports in person or by phone, at regular intervals, to Youth Protection to inform them of the current situation; ORDERS that there be physical contacts between the youth and his immediate family if the situation allows it; RECOMMENDS that the mother seek help from the social services concerning parental skills and to remain sober; ENTRUSTS the situation of the child to the Director of Youth Protection of the A C.Y.P.C., who shall see that the measure is carried out; ORDERS any police officer to collaborate in the execution of this enactment. __________________________________ Marc E.

Grimard, J.C.Q. M e Gabriel Gaudreault Counsel for the applicant M e Myriame Gaudreault Counsel for the child M e Marie-Claude De Gagné Counsel for the mother Date of hearing: July 15, 2013