2012 QCCQ 17012, 2012 QCCQ 17012

Protection de la jeunesse — 126190 2012 QCCQ 17012 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC District of [...] Youth Court Division N°: 525-41-026030-122 Date: September 12, 2012 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1996 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 12, 2012, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of CITY A Youth and Family Centres filed a motion to declare that the security and development of a child is in danger in the case of X , a sixteen years-old adolescent. [ 3 ] The facts alleged in support of the motion are as follows: 3.1. As relevant information, the family signed a Voluntary Measures Agreement with the Director of Youth Protection on June 17 th , 2011, which expires on June 17 th , 2012; 3.2.

The the(sic) parent do not meet the adolescent's basic needs in failing to provide the adolescent with the appropriate supervision, or support or failing to provide the adolescent with the appropriate schooling, more particularly but not restrictively in that:

a) the adolescent appears depressed and is not involved nor interested in any activities;

b) the parents do not take steps to motivate the adolescent;

c) the parents appear depressed and lack motivation;

d) the mother suffers from a bi-polar disorder and is on medication;

e) both parents admitted to consuming marijuana regularly, but not in the presence of the adolescent;

f) it was recommended that the adolescent be seen by a psychologist for an assessment, but no appointment has yet been scheduled; 3.5. The adolescent is of school age but does not attend school, more particularly but not restrictively in that:

a) from the beginning to the current school year until May 1 st , 2012, the adolescent has been absent from school sixty-three (63) times;

b) the adolescent has not attended school since March 12 th , 2012;

c) the parents are not taking any steps for the adolescent to attend school as they say she is not motivated and is not learning; 3.6. There were issues of violence in the home; 3.7. The father undertook steps to attend anger management as part of the Voluntary Measures Agreement, but has not done so and has expressed that he will not attend; 3.8. The collaboration of the family is difficult; 3.9. any attempts were made to go to the family home, but the family kept postponing; 3.10. On March 16 th , 2012, the worker made an unattended visit to the home; 3.11.

The home was seen to be cluttered and unhygienic, except for the adolescent's room; 3.12. There are eight (8) cats and two (2) dogs in the home which contributed to a strong smell and excrements were visible on the floor; 3.13.

About four (4) weeks later, the worker re-visited the family home and it was moderately clean and appeared in a much better state (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing and considering certain improvements since the filing of the motion, the Director recommends that the adolescent remain entrusted to her parents with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion.

She expressed her consent to all the proposed measures. [ 6 ] The father, who also chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion.

He expressed his consent to all the proposed measures. [ 7 ] The adolescent, assisted by Me Laforce, admitted the majority of the facts alleged and consented to the proposed measures. [ 8 ] The Director filed exhibits D-1 to D-6 as evidence: D-1: Adolescent's birth certificate; D-2: Agreement on Voluntary Measures signed on July 17 th , 2011; D-3: Court report prepared by [Social Worker 1] dated May 14 th , 2012; D-4: Adolescent's psychological evaluation prepared by Diane McLean dated July 12 th , 2012; D-5: School absentee report of the year 2011-2012; D-6: Addendum to Court report prepared by [Social Worker 1] dated September 7 th , 2012. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. However, since last May, both parents have shown greater efforts at collaborating with the Director of Youth Protection in their daughter's interest. [ 10 ] They added that their daughter is now attending a new school, School A Comprehensive School, which she appears to enjoy and is doing her homework. [ 11 ] The parents also explained that, in the past, they tried to motivate her to the best of their ability. However, they are willing to accept services to continue to help their child.

The father also explained that he works 13 to 15 hours a day to make ends meet and that he cannot afford to pay for anger management counselling. He is, however, not otherwise reluctant to attend. [ 12 ] The mother also explained that the family had so many pets because of their daughter's love of animals – however, their number has now been reduced to three cats and two dogs, which is more manageable. [ 13 ] The adolescent's psychological evaluation sheds some light on the nature of her difficulties and the strategies that can be used to

help her. [ 14 ] The evaluation's conclusions and recommendations read as follows: X is an adolescent with an overall intellectual delay in the Extremely Low range. Particular weaknesses exist in the areas of working memory and language (expressive language, receptive language and verbal abstract reasoning) – 0.5 and 1 st percentile, respectively. She has considerably more strength in reasoning and problem solving in the nonverbal area (abilities in the low average range). Her

interpretations are literal in nature and she has minimal confidence in her abilities. X exhibits the symptoms of an Attention Deficit Disorder. She is easily distracted by any sound or happening around her and finds it difficult to sustain attention to a task for a suitable amount of time. During the assessment X became restless, at times sitting on the arms of her chair, manipulating items, playing with the stopwatch, etc. She would be considerably confused in the verbal world of a classroom without very significant modifications .

Adaptive behaviors are 2.5 standard deviations below the mean Communication, Socialization, and Daily Living skills are affected. She will walk to a nearby store but will not take public transportation by herself. X's social emotional profile indicates that she is at risk in the areas of social stress, locus of control, somatization, and depression. She spends most of her time alone at home watching programs on the computer. She has refused to go to school and her parents have hot been able to insist that she attends.

There is a possibility that she will be more interested in the program in which she is enrolled for the next school year. X demonstrates her opposition at home by slamming doors and being verbally insulting. X has organizational skills such as keeping her room in an immaculate and orderly condition. X has had significant family issues and has experienced considerable loss. Her parents are legally separated but now live together. She lived with her paternal grandparents from the ages of approximately 6 months to 5 years, and continues to stay with them each weekend.

During the assessment a greater affinity was noted with her father. Recommendations : • X has not developed a sense of autonomy and belief in her ability. While there are very significant weaknesses in her profile she does have capabilities. It is important for her parents not to be enablers of her inabilities.

It is important for them not to underestimate her potential and to have expectations that she will attend school and to reinforce with her that there are job training programs in which she is capable of participating . • X will benefit from perceiving that there are boundaries and expectations for her to respect . She has not had the sense of her parents being in control and has not, herself, developed a sense of being able to take control of, or plan the events in her life. • X appears to have a good relationship with her paternal grandparents and has spent a considerable amount of her life with them.

It may be helpful to explore if they are willing and able to be involved as part of X's support team, and to assist with her school attendance and participation in a work related school program. • It is important that X's school program be meaningful to her. She is very fond of animals . She would most likely be motivated to attend school if the work portion of her program were working with animals in a caring capacity . She mentioned that she would be interested in photography .

A beginning might be as part of a basic school camera club , a venue where she could interact with others. • X has very basic reading, writing, and mathematic skills but demonstrates good organizational skills at home in terms of care of her room and belongings. This is another area of strength which could be applied to a work / study placement . • X requires guidance and coaching in establishing relationships and developing a circle of friends . She does not take the initiative. • X has the profile of an Attention Deficit Disorder.

While her challenges in the language sphere can be a factor in her inattentiveness, she has limited ability to sustain effort and attention across setting. It would be advisable to have a consultation with her physician related to the potential benefits of a trial of pharmacological intervention . • It is most important that steps be taken to have X leave her house and become part of the broader community both at school and in community – based activities, such as a summer swimming program.

It is expected that external services, such as those provided by CROM, will be necessary to have this happen [1] (emphasis added). [ 15 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded. [ 16 ] THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and the development of the adolescent, X , are compromised under

section 38

b) and 38.1

b) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 19 ] ORDERS that the adolescent be entrusted to the care of her parents; [ 20 ] ORDERS that the adolescent attend school on a regular basis; any absences must be justified by a medical note; [ 21 ] ORDERS that the parents collaborate with the worker and meet when requested;

[ 22 ] AUTHORIZES the Director of Youth Protection to make visits with reasonable prior notice to the parents; [ 23 ] TAKES JUDICIAL NOTICE of the parents' undertaking to make themselves available when such prior notice has been given; [ 24 ] ORDERS that the parents collaborate with the school and meet when requested; [ 25 ] STRONGLY RECOMMENDS that the adolescent and her parents follow the recommendations of the psychological assessment; [ 26 ] TAKES JUDICIAL NOTICE that steps have been taken to verify the adolescent's eligibility for services from CROM and that when her eligibility is confirmed, appropriate services will be accessed for her; [ 27 ] ORDERS that the Director of Youth Protection have access to all service providers; [ 28 ] STRONGLY RECOMMENDS that the adolescent participate in extra-curricular activities of her choice, as recommended in the psychological assessment; [ 29 ] ORDERS that the parents provide a clean, sanitary environment in their home at all times; [ 30 ] ORDERS that the parents continue to take steps to deal with their issues (mental health and anger management) and report to the Director of Youth Protection as to the steps that they have taken in this regard; [ 31 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the adolescent and her family; [ 32 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 33 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Camille Champeval / AC7059 Attorney for the Director of Youth Protection Me Pauline R. Laforce / AY9621 Attorney for the adolescent TD/vl