2021 QCCQ 15237, 2021 QCCQ 15237

Protection de la jeunesse — 219043 2021 QCCQ 15237 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002527-205 DATE: October 22, 2021 (written judgment rendered on January 11, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2010 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ 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 prolong a decision rendered on November 25, 2020, regarding the child X, born on [...], 2010.

At that date the Court declared the security and development endangered and entrusted the child a rehabilitation centre with a possibility of reintegration with the mother if the situation allows it, until August 13, 2021. [ 2 ] The DYP submits that the situation does not allow to return the child to her mother and that the placement in a rehabilitation centre has to be prolonged until August 31, 2022. Position of the Parties [ 3 ] Despite being dully served, the mother is absent. Me Angèle Tommasel spoke with her.

She confirmed that she agree with the measures, but disagree with the withdrawal of the attributes of parental authority. The Court proceed in her absence. [ 4 ] The child is now 11 years old. She is present and represented by Me Cassandra Neptune. Me Neptune submits to the Court that the situation of the child is still endangered. The child would like to be entrusted to Ms. B. History of the Situation [ 5 ] On November 25, 2020 , the Court was seized with an application for protection.

The situation of the family was known since July 2017, after the DYP had received a report for neglect in terms of educational needs. X was 7 years old. Voluntary measures were signed for a period of 10 months. The collaboration with the mother was difficult. The file was closed until a new report arrived 2 weeks after in October 2019, for poor supervision and physical abuse from the mother’s and the undeclared father’s parts. [ 6 ] The mother has alcohol consumption and anger management issues. The child was often left without proper supervision and looked by herself for protection.

The mother was physically abusive toward the child. The DYP took an immediate protective measure, but the child immediately returned to her mother’s place. [ 7 ] The child is described as very mature and capable of referring to relatives, friends, police and DYP when she needs help. She disclosed many times not feeling safe at home and having nowhere to go. X displays behavioural issues at school. She was entrusted to a Group Home under provisional measures, and she complies generally well.

But because of the numerous running away from the Group Home in Town B, she was transferred to the Group Home in Town A. [ 8 ] The Court declared that the situation of X was endangered [1] and entrusted her to a rehabilitation centre with a possible reintegration at the mother’s place. The Court ordered that the duration of the placement be according to the duration of the school year to avoid instability in her schooling and mentioned that the revision should be done before the beginning of the new school year. The Court ordered that she receive all the program available at the Group Home and at school.

The Court also ordered that she benefit from a psychological follow-up and that all the recommendations be followed. Facts and Analysis

[ 9 ] The beginning of the placement was difficult for the adolescent. She continued to display behavioural issues, but she progressively gain stability and became more kind with her peers and with the educators. She also gains confidence to open up and to express her feelings instead of reacting aggressively. [ 10 ] She also became more helpful, and she participates well to the program. She decided to work hard on her difficulties. [ 11 ] Until March 2021, she displayed anxiety and suicidal thoughts.

The support of the educator and the medical team helped her regarding those difficulties and she is now more at ease to look for help with adult when she feels anxious. The psycho-educator, Ms. [social worker 2], who provided a follow-up for the child once to twice a week, also noted some great improvements. [ 12 ] In March 2021, Dr. Beltempo, psychologist, assessed the child. He made the following recommendations: In terms of recommendations:

(1) We strongly recommend that X continue with the Psycho-educator (Ms. [social worker 2]) address ongoing issues of communication and identification of feelings. X needs a long and slow process to trust a professional (adult) and talk about what really happened in her family of origin. She will need to focus on anger management techniques to help her through the process. X needs safe contacts with her Mother.

(2) We recommend for the time being, that X remain in high structures placement to gain the benefits of structure and consistency of the Group Home. Although she does not talk about her family of origin, even with her Key worker, it is highly recommended that she be provided with one hour per week of individual attention with her Key worker to discuss roles and expectations about family.

(3) We recommend that when the Mother is sober and ready to engage in a safe therapeutic session, the child be given an opportunity to talk to her Mother. When X is ready to talk about impacts of family alcohol use on her. She should be supported by her psychoeducator to talk to her Mother about her past. She needs to address the impacts of physical and emotional abuse in a positive manner. X would need a very supportive, sober and understanding Mother, who is ready to listen in a safe environment (a Family Circle of Security).

Perhaps a traditional A Elder’s process would be safe and encouraging to X and her family. [ 13 ] The mother participated in the elaboration of the intervention plan, but she never participated after that. The contacts between the child and the mother were not frequent due to the mother’s lack of collaboration and/or intoxication. The mother refused to meet with the DYP worker so her situation is unknown. [ 14 ] X has to be entrusted to a foster family in her home town.

The Group Home staff confirms that she misses her community, her school and her friends a lot. [ 15 ] The situation of the child evolved positively enough to think about a reintegration in a foster family shortly. But, considering the reasons of her placement, the DYP would like to act very progressively for this integration. The child has to be ready and the foster family also has to be ready and aware of the challenges that could happen. [ 16 ] Ms. B, the lady suggested by X, is the lady who welcome her during the home visit. She is a very good foster mother, but she already has a few children to take care of.

X suggested other names and the DYP will assess those persons. [ 17 ] Regarding the attributes of parental authority, the DYP explains that the mother is very difficult to be reached. Even we FM calls and looking around the villages, it could take a few days to reach her and she is not always in a mood or a state to answer. [ 18 ] The evidence provided sustains the DYP request. The situation of the child obviously remains endangered despite the very great improvements that she made at the rehabilitation centre.

But work remains to be done to help her to be completely able to express her emotions and on the mother’s side, considering her refusal to collaborate, nothing could have been done. [ 19 ] The Court agrees with the withdrawal of attributes of parental authority. Indeed, the child deserves that decisions be taken for her and in a timely manner. The mother’s attitude prevent the child from having such decisions to be taken. [ 20 ] The Court also asked the DYP to pay a very specific attention to the schooling of the child when the transfer will be done.

FOR THOSE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the child X, born on [...], 2010, are still endangered; [ 23 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 24 ] ORDERS that the child be gradually reintegrated under the care of a foster family as soon as the situation allows it; [ 25 ] ORDERS the Director of Youth Protection to pay attention specifically to the schooling during the process of reintegration; [ 26 ] ORDERS that the child and the mother take an active

part in the application of the measures ordered by the Court; [ 27 ] 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; [ 28 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the mother be determined by the Director of Youth protection;

[ 29 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and GRANTS to the Director of Youth Protection, namely regarding school, health, extracurricular activities, travelling and passports, should the mother be unreachable in a reasonable period of time according to the situation; [ 30 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 31 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] THE WHOLE until August 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: October 22, 2021