2022 QCCQ 7796, 2022 QCCQ 7796

Protection de la jeunesse — 223591 2022 QCCQ 7796 COUR OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 505-41-010862-227 DATE : June 7, 2022 ______________________________________________________________________ PRESIDED BY THE HONOURABLE JUDGE FRANCINE GENDRON ___________________________________________________________________ [SOCIAL WORKER 1] et [SOCIAL WORKER 2], youth protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -et- X (XX) , born on [...], 2006 Adolescent -et- A , Mother -et- B , Father ______________________________________________________________________ JUDGMENT

Section 38 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 11.2.1 and 135 Y.P.A .) [ 1 ] The adolescent is gender fluid and wants to be referred to as XX. [ 2 ] The Director of youth protection (the Director) asks to declare that the security and development of the adolescent are in danger regarding a situation of serious behavioral disturbance (self-harming and recurrent suicidal thoughts). [ 3 ] XX has been entrusted to a rehabilitation center ([Group home A]) since February 11 th 2022.

Before that, the adolescent stayed at the [Centre A], for two months. [ 4 ] The Director recommends that the adolescent be entrusted to a rehabilitation center and that the contacts with the parents be following agreement between the parties for a period of six months. [ 5 ] The mother, who had to leave before the hearing, and the adolescent are in agreement with the Director’s recommendations. [ 6 ] The father is absent, although regularly served. The caseworker, who talked to him this morning, mentions that the father is in agreement with what’s the best for XX.

ANALYSIS AND DECISION [ 7 ] The parents separated when XX was two years old. [ 8 ] The adolescent lived with her mother and her mother’s spouse for twelve years. XX grew up in an environment where physical, verbal and emotional violence were widely used by her stepfather towards her and her mother. The mother put an end to this relationship in October 2020. [ 9 ] The adolescent and her father have not spoken in over one year. XX and the father have a different point of view regarding this situation.

[ 10 ] XX experienced traumatic events in her childhood. She was sexually abused between the age of 2 and 10 by a cousin on her mother’s side, who was six years older than her. [ 11 ] XX mentions that her first suicidal thoughts occurred around the age of 11, when she opened up about the sexual abuse she experienced. She also began using marijuana at that age, at first with her older brother. [ 12 ] Since then, the adolescent has kept on smoking marijuana on a regular basis, varying from a daily consumption to a few times a week.

She says that this helps her with bad thoughts and provides the same relief as cutting herself. [ 13 ] The relationship between the adolescent and her mother is difficult. XX reproaches that her mother did not protection her against her partner and did not support her after the disclosure of the events.

The mother states that she does not remember. [ 14 ] XX attempted to her life on 3 occasions by using medication. [ 15 ] She benefits from a psychiatric [1] and a psychologic [2] assessments in the fall of 2021. [ 16 ] As stated by the psychiatrist [3] , XX current mental health presentation is complex on account of the childhood trauma (recurrent sexual molestation and chronic daily stress arising from the angry/aggressive behavior of her step father). [ 17 ] The psychiatrist also concludes that the adolescent is not currently presenting clinically depression.

He thinks that the changes in her mood are in response to trauma, but also appear to be the result of the tension in the relationship between XX and her mother. [ 18 ] The diagnosis retained are as follows: Posttraumatic Stress Disorder, Adjustment Disorder with mixed anxious and depressed mood and Parent-Child Relational Problem.

The psychiatrist is not making an Attention Deficit/Hyperactivity Disorder diagnosis, but he thinks that it is something that would be worthwhile to be investigated. [ 19 ] For his part, the Psychoeducational Assessment concludes as follow [4] : “Taken together, XX continues to display evidence of Post-Traumatic Stress Disorder which is likely contributing to her mood and anxiety. Underlying this presentation, however, is poorly developed emotion regulation and coping skills, interpersonal challenges (anticipation of rejection), and a rather negative self-concept.

As such, it is paramount to improve her emotion-regulation/coping skills, self-concept, and social support prior to engaging in trauma-related treatment to ensure that XX is able to benefit from intervention without deteriorating. Once these underlying issues are better addressed, treatment to address unresolved impact issues related to trauma is recommended. In addition, there is also sufficient evidence of an Attention Deficit/Hyperactivity Disorder to implement treatment.

It should be noted, however, that her symptoms/behaviours in this realm may be, at least in part, trauma-based and thus may reduce as impact issues related to unresolved trauma reduce.” [ 20 ] On December 9 and 10, 2022 police interventions were required at the mother’s residence for suicidal statements made by the adolescent.

XX was brought to the hospital the following day. [ 21 ] Following that, a worker from CAFE (Crise-ado-famille-enfance) at the CLSC got involved and it was agreed with the family that XX would go to [Centre A]. [ 22 ] A report was made to the Director when XX had reached the maximum of 60 days possible for a stay at [Centre A], as neither the adolescent nor the mother were considering a return at home. [ 23 ] It is in that context that XX integrated [Group home A] on February 11, 2022. [ 24 ] Since her arrival at [Group home A] [5] , the adolescent has had suicidal thoughts once and the educators have not been aware of any self-arming behavior.

However, she can be emotional, experience mood swings, be impulsive, get overwhelmed and be anxious. It is difficult for her to go towards the adult as she has trust issues, but she has allowed herself to open more as the time past. [ 25 ] At first, XX didn’t want to talk with her mother, but since the situation has evolved, they talk over the phone and visits take place during weekends.

XX expresses that the contacts are positive. [ 26 ] The Court agrees with the clinical analysis of the situation made by the Director [6] : “XX’s worrisome behaviors seem to subside in a safe, neutral environment, such as a rehabilitation center. There is no doubt that there is a connection between relationship issues and XX’s self-destructive behaviors and it is essential to address relationship difficulties at this stage. We believe that adapted services to support the family and XX are essential, specifically to address in depth the parent-child relationship.

As outlined above, it seems that XX blames her mother for not being able to protect her, believe her and be there for her at crucial times.

On the mother’s side, se believes that her role as a mother was affected considering the context of continuous violence in which she lived, but that she tried by all means to preserve the bond between her and her daughter and to be a reassuring and protective figure, XX’s feeling of security inherent to her functioning.” [ 27 ] The difficulties in the relationship between the adolescent and her father has to be addressed. [ 28 ] As for XX, they just started to get apart when her father met his partner, who she describes as “terrible” to her, her whole life. [ 29 ] As for the father, he essentially says that he has trust issues toward his daughter in regards to false accusations of abuse made against his partner, but also because she was violent towards her siblings. [ 30 ] The father is under the impression that he has lost his daughter and says that he wants to be involved in the process with the Director.

In this process, it is important for the father to develop a better understanding of the adolescent’s needs. For example, the caseworker reported that while she was using XX’s name, the father was of the opinion that it was manipulation and that they are being

fooled. [ 31 ] The main objective for the next 6 months is to work on the relationship between the adolescent and her mother in the perspective of XX returning home. If it is not possible, a project for developing her autonomy will be prepared. [ 32 ] Services are already in place. An educator has been assigned to the family since a week. XX started a psychotherapy follow up and will see a doctor soon. [ 33 ] After receiving the admissions, considering the reports produced and the interest of the adolescent, Court concludes that the situation adduced in evidence gives rise to protective measures.

FOR THESE REASONS, THE COURT: [ 34 ] GRANTS the present Application; [ 35 ] DECLARES that the security and development of the adolescent are still in danger; [ 36 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A ; [ 37 ] TAKES ACT that the adolescent is entrusted to [Group home A]; [ 38 ] ORDERS that the contacts between the adolescent and the parents be following an agreement between the parties; [ 39 ] ORDERS that the adolescent and the parents take an active

part in the application of the measures ordered; [ 40 ] ORDERS that a person working for an institution or body provide aid, counselling, and assistance to the adolescent and the family; [ 41 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the measures ordered; [ 42 ] THE WHOLE for a period of six months. Signed on June 14, 2022 __________________________________ FRANCINE GENDRON, J.C.Q. M e Véronique Crête Attorney for the D.Y.P. M e Rosalie Duval Attorney for the adolescent Date of hearing : June 7, 2022