2012 QCCQ 19399, 2012 QCCQ 19399

Protection de la jeunesse — 128570 2012 QCCQ 19399 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 635-41-000278-090 DATE: November 5, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 1997 [SOCIAL WORKER 1] Youth Protection Worker, duly authorized by the Director of Youth Protection A , working in City A Applicant and A , residing and domiciled in City B, district A, province of Quebec Mother and LE CURATEUR PUBLIC DU QUÉBEC , ______________________________________________________________________ JUDGMENT (Sections 95 of the Youth Protection Act) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection A. seizes the Court of a petition to review the judgment rendered by Judge Paul Chevalier on November 15, 2011. [ 2 ] The mother has been under the supervision of the Public Curator of Quebec since October 2001.

She is permanently unable to protect herself and administer her property. II – EVIDENCE [ 3 ] Over the years, X has developed significant behavioural problems. According to the last judgement, he was placed in a foster home with B and C. At the beginning, the foster parents reported that the situation went well except for the fact that X refused to attend school. [ 4 ] On February 2012, X's behaviour started to deteriorate to such an extent that it became difficult for the foster parents to deal with X's behaviour.

They stated that they are sometimes completely overwhelmed by his behaviour. [ 5 ] A respite placement was attempted with the foster family of D and E. The child was able to improve his behaviour. [ 6 ] On June 12, 2012, Judge Nancy McKenna granted a verbal motion under

section 79 of the Youth Protection Act ordering the placement of the youth in a rehabilitation centre. [ 7 ] On June 30, 2012, Dr. Joseph Beltempo, a psychologist, assessed the youth to better understand X's cognitive functioning and to help find a resource or an environment that can meet the youth's needs. [ 8 ] The assessment indicates significant impairment in overall intelligence functioning. It appears important to report the recommendations of Dr. Beltempo: The following recommendations are thus warranted.

One, is that X be placed in the Rehabilitation Center A which can provide a higher level of structure, consistency and support for his behaviour. Secondly, Rehabilitation Center A represents the same environment that he has been in, several times in his life, according to his Social Worker, [Intervenante 1]; there, he could attend IPL (Individual Planned Learning) classes. Thirdly, given his consistently low IQ across several areas I would recommend that, that he would be referred to the Centre de Réadaptation A – a specialized Center for children with intellectual disabilities.

All of the test evidence show consistent intellectual and cognitive deficits which are in the moderate level of intellectual disability (Global Intellectual Delay with particular deficits in the area of language and abstract perceptual functioning). If there is a suitable school for him in the Great North which would address all his verbal and higher order- abstract reasoning deficiencies, he could remain in the Great North. If not, then he would be a suitable candidate for School A in City A. Lastly I would recommend that he be referred to do Dr Kent Sailor,

paediatrician (specializing in FASD) for the assessment of a potential diagnosis of Fetal Alcohol Spectrum Disorder. Although X does not have all the facial characteristics on my cursive visual examination, Dr. Sailor, MD. (Center

A) would be better suited to rule in or rule out, all aspects of the fetal alcohol spectrum disorder, i.e., brain, facial and growth functions. X's mother drank alcohol during the pregnancy (as reported by Mr. Tardif, psychologist in June 23, 2009 report) and this may explain much of his cognitive limitations and neurobehavioral delays. He shows signs of Attention Deficit Disorder as well as Oppositional Defiance Disorder and I am concerned that if he continues along this path he may eventually show signs of Conduct Disorder.

I also understand that his medication is not being administered regularly and X takes it very inconsistently at best, and so, perhaps a placement in a structured and consistent environment would better ensure proper medication compliance as well be better suited for his cognitive and behavioural needs. (Integral reproduction) [ 9 ] An observation report from Rehabilitation Center A, prepared by Ms. [social worker 2], on August 15, 2012, set forth the following recommendations: According to our observations, X needs a structured environment to be able to function properly and develops to his full potential.

He mostly needs to be kept busy and stimulated to be able to develop his competencies; he can't be let to himself. X shows he has a certain discipline and sense of responsibilities. Despite his intellectual limitations, X has a great sense of humor and is able to develop healthy and positive relationships with adults around him. We believe X could be functional with a proper environment and some counseling. Structure always reassures him when he knows where the limits are and what is possible. He can easily get overwhelmed by his emotions or his anxiety when he is not able to express those feelings.

On the other hand, our clinical opinion concerning X is limited to what we have been able to observe inside the Rehab, with strict rules and schedules. (Integral reproduction) [ 10 ] In light of the evidence, it is obvious that the youth needs a structured and secured environment. The Court believes that the only measure that can meet his needs is a placement in a rehabilitation centre for a period of twelve (12) months. It will also be important to follow the recommendations of Dr.

Joseph Beltempo to be sure that X receives specific help and that his particular limitations are being taken into account. [ 11 ] FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the youth are still endangered; [ 14 ] ENTRUSTS the situation of the youth X, born on [...], 1997 to an institution operating a rehabilitation centre for a period of twelve (12) months; [ 15 ] ORDERS that contacts between the youth and his mother be supervised and encouraged by the Director of Youth Protection; [ 16 ] ORDERS that a person working for an institution provide aid, counsel and assistance to the youth and his mother until his majority; [ 17 ] ORDERS that the youth receive all specific health care and health services; [ 18 ] ORDERS that the police collaborate in the execution of this order; [ 19 ] ENTRUSTS the situation of the youth to the Director of Youth Protection. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Myriame Gaudreault For the youth Me Marie-Claude De Gagné For the mother Me Robert-André Adam

For the applicant Date of hearing: August 21, 2012