2019 QCCQ 15275, 2019 QCCQ 15275

Protection de la jeunesse — 1910390 2019 QCCQ 15275 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002128-178 DATE: April 16, 2019 (written judgment rendered on October 7, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2001 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] 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 revise a decision rendered on November 21, 2018, regarding the youth X, born on [...], 2001.

At that date the Court declared the security and development of the youth still endangered and entrusted her to a rehabilitation centre, with a reintegration in a foster family as soon as possible, until April 16, 2019. [ 2 ] The DYP submits that the situation requires to entrust her to a rehabilitation centre with a possible reintegration with her mother as soon as possible, the whole until [...], 2019. [ 3 ] The mother is present and represented by Me Tommasel. She admits some of the allegations and she agrees with the measures. [ 4 ] X is present and represented by Me Jennis.

She admitted most of the allegations and she agrees with the measures, but wishes to be reintegrated as soon as possible with her mother and brother. History of the situation [ 5 ] On November 21, 2017 , the situation of X was submitted to the Court. The mother is suffering from schizophrenia and forget to take her medication. X was left to herself and also had to take care of her mother. Recently, before the court hearing, the adolescent who collaborates very well with the DYP worker, went to the office and asked to be placed because the house was unlivable following a breaking and enter.

The evidence also revealed that X had behavioural issues and put her at risk (drug consumption, relation with oldest men, etc.). That is the consequences of the lack of structure at home. The Court declares the security and development of X endangered and entrusted her in a foster family until July 25, 2018. The Court also ordered a life project, the services of an external educator and that X attend school on a regular basis. [ 6 ] On July 25, 2018 , the Court revises the decision. X was entrusted to Mr. B. During that time, she was abused and imprisoned by her boyfriend. She lived few days in a women's shelter.

Mr. B gave up because she took his skidoo without authorization. X was entrusted to Ms. C, but she asked to be back with Mr. B. This later accepted, but as he was often outside the community for his job, Ms. C engaged herself to supervise X when he is not available. X worked at the daycare and started the summer school. The mother’s situation remained the same, but she maintained regular contact with her daughter.

The Court maintained the placement until [...], 2019. [ 7 ] On September 19, 2018 , an emergency measures hearing was held and the Court entrusted the adolescent to a rehabilitation centre and ordered that a psychiatric and psychological assessment be performed if she agrees. [ 8 ] On November 21, 2018 , the Court noted that despite the order for a foster home placement, after few days X was not living with Mr. B and spent most of her time at her mother’s. She was offered to go to her aunt’s place in City A, but she finally refused as she preferred to stay in City B to help her mother.

In September, she lost her job, she disorganized herself and expressed suicidal and homicidal ideation. She was hospitalized, placed in the isolation room and despite the three injections she received, after fourteen hours she was still out of control. For this reason, she was medevaced to City C. Since September 19, 2018, she is entrusted to the [rehabilitation centre A]. The psychological and psychiatric assessments were made at the end of October 2018. With the psychiatrist, X

spoke about her traumas: assault with a weapon from her boyfriend, forcible confinement, suicides in her family including suicide with firearms. The psychiatrist noted traits related to a possible attachment disorder or an adaptation disorder to stressors caused by part traumatic events. She recommends continuing psychological follow-up for therapy around relational and traumatic issues and to review the files after psychological evaluation, to see her needs in terms of follow-up.

The psychologist suspected a cognitive impairment and recommends a psycho-educational follow-up regarding her alcohol and drugs consumption and her sexualized behaviours that put her at risk. In the North no professional is available to offer this service. The worker plan to substitute the psycho-educational follow-up by the services of an external educator. According to the worker, this service rendered in collaboration with the psychosocial follow-up could be quite equivalent. X is sometimes angry at school because of her low academic skills. She is also unpredictable.

She is described as having a psychological fragility, a behaviour rigidity, a lack of concentration, aggressive reactions and difficulty to express her emotions. That being said, she made good improvement since the beginning of this placement and she would be able to integrate a foster family shortly. X would like to live with her mother. The Court maintained the adolescent at the rehabilitation centre and authorized a reintegration with a foster family as soon as the situation allows it, with the services of an external educator.

The Court also ordered the following services: [27] ORDERS that the youth receive specific health care and health services; [28] ORDERS that the youth receive an intensive psychological follow-up on a regular basis for as long as judged necessary by the professional; [29] ORDERS that the psychological assessment ordered in September 2018 be finalized and filed in the Court’s file; [30] AUTHORIZES the professionals involved in the youth’s life to communicate between them and to exchange their respective assessment; [31] ORDERS that the youth benefit from the second psychiatrist evaluation and that the written report be deposed in the Court’s file; [32] ORDERS that the recommendations set out by the psychologist and the child psychiatrist be applied; [33] ORDERS that a psycho-educational follow-up be offered to the youth regarding her alcohol or drug consumption and sexualized behaviour; Facts [ 9 ] Since the last order, X was transferred from the [Unit A] in City D to the

Annexe in City E. She was able to adopt a healthier way of life, but she still has behavioural issues, as aggressiveness and suicidal ideation. [ 10 ] She met with a pediatrician. [ 11 ] She also met the child psychiatrist for the second evaluation. [ 12 ] X disclosed that she had been bitten up by her boyfriend at her head and she noticed that her mood change since that time. The unit staff suggested a brain scan, and the request was made.

But on her side, the psychiatrist does not recommend the scan and refers her to the neuropsychologist, but the consultation was not done yet. [ 13 ] A home visit for Christmas was cancelled because of X’s suicidal ideation. She was very disappointed because she had planned to help her mother with renovation in her house. Despite that, she had the chance to see her mother who came in City E and the visit went well. [ 14 ] X came for a home visit for the March Break, but the return was difficult as she did not want to go back.

She would like to stay with her mother. [ 15 ] As she will turn 18 years old in September, the DYP worker would like to start the reintegration with her mother. She will help X to be prepared to the adult life. In the meanwhile, the psychological follow-up is planned. For the end of June, the DYP would like that the integration could be completed. [ 16 ] According to Dr. Beltempo, as she was always parentified, today she needs to help her mother. It’s very important for her. [ 17 ] The situation of the mother remains the same. She takes her injections regularly, but did not seek help from Social Services.

She is very difficult to be reached and when she goes to the DYP office, she leaves after five minutes. She does not seem to understand her daughter’s situation, but she is always very happy to be with her. [ 18 ] X agrees with the psychological follow-up and would like to finish her schooling.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the youth X, born on [...], 2001, are still endangered; [ 21 ] ENTRUSTS the youth to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, with a possible reintegration with her mother as soon as possible, if the situation allows it; [ 22 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and

autonomy; [ 24 ] ORDERS that the youth and the mother benefit from the services of an external educator, at least once a week during the period of reintegration, and according to the needs after the reintegration; [ 25 ] ORDERS that before any access, the Director of Youth Protection establish written house rules which include at least curfew, whereabouts, people with whom X may associate and consequences of breaking those rules; [ 26 ] ORDERS that the youth receive specific health care and services, namely a psychological follow-up, neuropsychological assessment and a psychoeducational assessment; [ 27 ] AUTHORIZES the medical professionals involved in the file to communicate between them and to exchange their opinion; [ 28 ] AUTHORIZES the exchange of information between the medical professionals ant the Director of Youth Protection; [ 29 ] ORDERS that the recommendations set out by the professional are explained and followed; [ 30 ] ORDERS that the mother seek help through the Social Services concerning her personal issues, notably her mental health issue; [ 31 ] 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; [ 32 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the mother; [ 33 ] ENTRUSTS the situation of the youth X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] ORDERS the police to collaborate to the execution of the enactment; [ 35 ] THE WHOLE until [...], 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Caroline Daniel, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: April 16, 2019