2021 QCCQ 16584, 2021 QCCQ 16584

Protection de la jeunesse — 214653 2021 QCCQ 16584 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002147-186 DATE: May 25, 2021 (written judgment rendered on August 2, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A working in [...] Applicant and A, residing and domiciled at House [...] 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 review a decision rendered on February 4, 2021, regarding the adolescent X, born on [...], 2005.

At that date the Court declared the security and development still endangered and entrusted the adolescent to a foster family, until January 31, 2022. [ 2 ] The DYP submits that the situation does not allow to return the youth to his mother and asks that he be entrusted to a rehabilitation centre or a local community service centre, or to another body, so that he may receive the care and assistance he needs, as soon as such resources has been identified, until May 31, 2022. During the hearing, the DYP confirmed that the plan is to entrust the youth at the rehabilitation centre in City A.

Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures, but requested that he be entrusted to a resource well adapted to his specific needs. [ 4 ] The youth is present and represented by Me Cassandra Neptune. He recognizes that his security and development are still endangered and he agrees to be entrusted at the Group Home in City A until a place is available in an adapted resource.

History of the Situation [ 5 ] On February 2, 2018 , the Court was seized with an application for provisional measures and entrusted the youth to a rehabilitation centre. [ 6 ] On February 21, 2018 , the Court was seized with the youth situation. He was 12 years old. The child was diagnosed with autism. He was followed by the DYP since a few months due to the mother’s living conditions (alcohol abuse, homeless, no structure, no schooling). The youth was entrusted in a rehabilitation centre on voluntary measures. The youth was doing well at the centre and he was ready to be entrusted to a foster family.

The aunt said being ready to foster him. The Court declared that his situation was endangered and entrusted him to a rehabilitation centre with a progressive reintegration in a foster family and various measures to insure the medical follow-up and the schooling in good conditions, the whole until February 28, 2019. [ 7 ] On February 27, 2019 , the Court revised the situation and the evidence revealed that the youth remained at the rehabilitation centre in City B since the last decision. The mother’s situation remained the same as she was still homeless.

She was preoccupied by her son’s situation and collaborated well with the DYP. The Court entrusted the youth to a rehabilitation centre and ordered a progressive integration in a foster family as soon as possible, the whole until February 29, 2020. [ 8 ] On June 21, 2019 , the youth was assessed by Dr. Beltempo, psychologist. Dr. Beltempo concludes and recommends: […] X would need a more appropriate school placement with fewer students and higher level of specialized resources and educators who would be more equipped to handle his outbursts such as using a time-out room and other techniques.

We have reviewed his file, which indicates he has several diagnoses FASD, again (this has not been confirmed to me in any kind of writing or document), he has ADHD and Autism Spectrum Disorder this we have observed throughout the assessment. He has repetitive movements, long lasting ticks and stereotypic behavior, which confirm the ASD diagnosis. In addition, he takes Risperdal, for reasons that are not known to the author. All of these diagnoses meet the criteria for a referral to a special needs type of resources, especially for Autism, most likely would be available in the City C area.

At some point, there was a possible consideration for a foster home in the South, at this point, it is still being considered. No matter where X goes, it is very important that he get the proper remedial services for ASD. We have a 13-year-old boy who cannot be really referred to a regular group home, especially for 6-12-year old; he has grown out of that age group. The reasons the authorities keep him there is because in City B, he would be targeted by the other residents in an older group. Currently, X is going very well behaviorally (at the current Group Home) but his models are younger children.

He needs to improve social skills and have other peers that he can look up to, so this is not the best place for him. X is most likely ready for a Specialized Foster Home with two parents who understand and have some training in raising autism spectrum children. I would recommend that we find a place for X where he would be accepted and a classroom size with specialized resources that would meet his special needs.

I would recommend that X receive individual follow-up and counselling with a psychologist or special educator who can meet him regularly to give him an opportunity to express his emotions (emotional regulation techniques) so as to reduce the number of outbursts, especially at school.

Lastly, we recommend continued medical follow-up with a child psychiatrist to monitor his medication. [ 9 ] On February 26, 2020 , the Court maintained the status quo on provisional measures. [ 10 ] On April 23, 2020 , the Court revised the situation and the evidence revealed that the youth was doing very well in a well- structured environment. He was doing well also at school and had the opportunity to travel with the educators in Toronto and outside of Canada. A foster family was found, but the integration had been delayed due to Covid-19.

The mother would like to have more contact, but the youth is very anxious to go back to City A and the medical team recommend respecting his refusal to go there. The Court entrusted him to a rehabilitation centre and ordered integration with Mr. B and Ms. C. The Court also ordered that the services of an external educator be provided and that the child receive medical care including a psychiatric follow-up, the whole until February 28, 2021. [ 11 ] On February 4, 2021 , the Court revised the situation.

The mother was still unable to manage the child’s behaviours, but the home visits went well and were very positive. The integration process was started, but the foster parents gave up because the child smoke and walk alone on the land. The adolescent was entrusted back at the rehabilitation centre and had inappropriate sexual behaviours with another youth. The DYP found a resource in City D and the lady who take care of this resource agreed to have the adolescent at her place.

The Court ordered that he be entrusted to a foster family, that he receive a medical follow-up such as a psychiatric follow-up, the whole until January 31, 2022. [ 12 ] On April 19, 2021 , the Court, while seized with an application for provisional measures, entrusted the youth to a rehabilitation centre and recommended that the DYP find a living environment that will take the autism spectrum disorder’s special needs of the child into consideration. The Court also ordered that the youth receive all health care and services required by his situation.

Facts and Analysis [ 13 ] After having been entrusted to the City B Group Home since 2016, X had been entrusted to a foster family in [region A]. The integration was made quickly, but unfortunately, on April 14, 2021, the foster family announced not being able to handle the youth’s behaviours and gave up. [ 14 ] As no other foster family was available, the DYP took an immediate protective measures and entrusted the youth to the [unit A] and the Court ordered such placement as provisional measures on April 19, 2021. [ 15 ] X was diagnosed with Autism spectrum disorder in 2017.

He has difficulty to socialize, and he enjoys solitary activities. He has auditory and visual hallucinations. He is regularly followed by a child psychiatrist and many changed were made to his medication during the last months.

X needs regular help and surveillance as he is not totally autonomous. [ 16 ] X’s behaviours are unpredictable and he could display anger outbursts, but it was also noted that he made great improvement in the way to express his emotions. [ 17 ] The DYP suggests that he could benefit from a follow-up with a sexologist to address his inappropriate sexual behaviours. [ 18 ] The mother’s situation remained the same: she does not have her own house and she is surrounded by her other sons and extended family, who have their personal issues and violent behaviours for some of them.

The mother deeply cares for X, but recognized that she is not able to handle his behaviours due to his autism spectrum disorder. Despite the opportunities offered to her, the mother did not maintain regular contacts with X since the last decision. X is worried about his mother when he does not have news from her, but luckily he keeps regular contacts with his aunts via social media. [ 19 ] X is affected by the decision taken by his previous foster family. After being 5 years in a rehabilitation centre, creating bonds with educators, and seeing those educators leaving, he developed attachment issues.

He is asking for a family who will care for him and who will understand his needs. The DYP looked all around the province of Quebec to find a foster family with a specific training, but unfortunately no one was found. The DYP is working with a special committee regarding autism spectrum disorder to find a proper resource. [ 20 ] The DYP worker recognizes that the rehabilitation centre is not the appropriate resource for him. But finding the good foster family and to be sure that this foster family will not give up is very difficult.

As X was very affected by his previous foster family’s decision, precautions will have to be taken before entrusting him in another home. [ 21 ] The DYP even looked for a resource in [province A], but it is impossible to transfer his file.

[ 22 ] Luckily, a new resource is in construction and should be ready in 6 months. This resource is a project made in collaboration between the [region A] and the CIUSSS A to be able to offer places in a centre adapted to receive persons with autism and intellectual deficiency. The services offered there will be based on the Inuit Culture. [ 23 ] X has already a place there.

Doing so, the plan is to maintain him in his community until this resource will be built except if a place becomes available in another appropriate resource before. [ 24 ] Despite the objective is to entrust X in a foster family, the DYP does not request such conclusion currently because X’s behaviour needs to be stabilized before. [ 25 ] Such plan is in the best interest of X who deserves to be properly stabilized and to receive tools before thinking about integration in a foster family. The previous placement was a fail, and X was very affected.

Moreover, due to the lack of resources, for his safety, he had to be entrusted at [unit A] which is obviously not a place for him. The next attempt to integrate a foster family will have to be done properly and the next foster family will have to be adequately supported. [ 26 ] Until that could be possible, the best interest of X requires that he be entrusted in a rehabilitation centre in his community and that he could benefit, as soon as possible, from the services offered by an appropriate resource.

FOR THOSE REASONS, THE COURT: [ 27 ] GRANTS the application; [ 28 ] DECLARES that the security and development of the adolescent X, born on [...], 2005, are still endangered; [ 29 ] ORDERS that the youth be entrusted to a rehabilitation centre or a local community service centre, or to another body so that he may receive the care and assistance he needs, as soon as such resources has been identified; [ 30 ] AUTHORIZES the integration in a foster family if such resource is in the best interest of the youth; [ 31 ] ORDERS that the resource be chosen after having taken into consideration the youth’s autism spectrum disorder; [ 32 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the youth and the mother be determined by the Director of Youth Protection; [ 33 ] ORDERS that the youth receive specific health care and services required by his situation, such as a regular follow-up with the child psychiatrist and a follow-up with a sexologist; [ 34 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Court; [ 35 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 36 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the youth and his family; [ 37 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 38 ] THE WHOLE until May 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: May 25, 2021