2018 QCCQ 19569, 2018 QCCQ 19569

Protection de la jeunesse — 1810824 2018 QCCQ 19569 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000915-188 DATE: October 29, 2018 (written judgment rendered on January 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant And A, deceased Mother And B, residing and domiciled at [...] ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare the security and development of the youth X, born on [...], 2004, in danger in regards to paragraph (b) (1) iii., (

c) and (e) (1) of

section 38 [1] of the Youth Protection Act . As measures, the DYP recommends to the Court to entrust X to a rehabilitation centre with a reintegration at the father’s place if the situation allows it, the whole until the end of April 2019. [ 2 ] The father is present but not represented. He admits some of the alleged difficulties and considers that a two weeks placement in a rehabilitation centre would be enough. [ 3 ] X is present and represented by Me Neptune. She agrees with the measures. Facts [ 4 ] X’s mother passed away from cancer in 2012. Since that time, she lives with her father and her stepmother.

Both display alcohol addiction and violence issues. [ 5 ] In February 2016, a first report was retained by the DYP. At that time, the father has left the town for one week for work meetings and X stayed with her stepmother but was not well taken care. She arrived at school without having eaten and went from house to house to be fed. The Social Services entrusted her to her aunt until the father came back. [ 6 ] In August 2016, a second report was retained.

At that time X and her brother were homeless for a few months because they decided to leave their father’s house where there was too much drinking and violence. Nobody was looking for them. Tired of moving so frequently, X went by herself to the Social Services. [ 7 ] On September 8, 2016, voluntary measures were reached with the father and X was entrusted to her paternal aunt, Ms. C. She was met by the DYP worker and the Crown attorney and she confessed that her stepmother had been aggressive and abusive towards her. She had put her hand under her neck to strangle her in front of her father who never intervened.

The relation with her stepmother was very bad. She went to visit her father when she was sure that her stepmother was not at home. [ 8 ] On December 6, 2016, the DYP worker was informed that X was not doing well for two weeks. She isolated herself at school, and she expressed not feeling good at her aunt’s. She was depressive and speaking about join her mother. [ 9 ] On December 9, 2016, voluntary measures were reached and X was entrusted to a foster family for a period of ten months. She was placed under the care of her teacher, Ms. D.

At that time, the father expressed having no interest to have his daughter back under his care.

[ 10 ] X suffered a lot from the decease of her mother and grandmother, and she felt rejected by her father. For those reasons, she was followed by the Social Services but it was reported that she needs more specific help as psychological follow-up. X was sometimes overreacting at school. The foster family has to manage the crisis when it’s happened. [ 11 ] In October 2017, the voluntary measures were renewed and X was maintained in the same foster family. At that time, the father changed his mind and spoke about having his daughter back at home. [ 12 ] On May 22, 2018, a psychological assessment of X was made.

The clinical impression revealed: X is a young girl of 13 year old living in Town A. She is currently living with a foster family (since December 2016). Her birth father lives in the same community and she sees him on regular contacts. The Youth Protection is involved in the situation (support of the family in the context of application of measures).

The current psychological assessment allowed us to identify the presence of an insecure attachment strategies (anxious pattern) and emotional regulation difficulties, developed in the context developmental adverse experiences (complex grieving, exposition to violence, substance use in environment, need for protection from the caregivers) . X also seems to be actually dealing with a loyalty conflict , being source of some distress and culpability.

Also, significant symptoms of anxiety, depression (mainly involving negative self-evaluation) and dissociation were identified, for which it will be highly important to offer support to X. Finally, the young girl is also still processing the grief of her mother , complexified by the associated loss of the family stability and unity. Those challenges and problematics are underlying the behavioral difficulties that can sometimes be observed in school and at home.

In conclusion, it is important to note again that X is a youth with many strengths : she is very curious, imaginative, caring, involved in her community and in school, easy to speak to, playful and very interested in arts. X and her family went through many difficulties in the last years.

She is very strong, courageous and is appreciated by many people that we met . [ 13 ] The recommendations made by the psychologist are: X needs predictability and availability in her relations with her caregivers, in order to increase attachment security […] X needs that adults take the decisions regarding her familial situation […] X needs to feel that she has her place in her family and to feel that adults are prioritizing to protect her […] X needs to increase her emotional regulation skills (emotions identification and strategies to manage emotions) […] X would benefit from psychotherapeutic support regarding about her anxiety (fear of rejection or abandonment), depressive and dissociative symptoms […] X needs to continue to do projects or hobbies that she likes (ex: art projects, community projects), in order to support the development of a more positive sense of self. [ 14 ] On September 25, 2018, a letter of suicide was found by a teacher on X’s deck.

On October 2, 2018, she attempted to her life at school by taking pills and was medevac to Town B. She stayed at the hospital for one week. During that time, she mentioned many times that she is happy to have a visit with her father when she would be back in Town C, but when she arrived at home, he was not there. Reached by phone to inform him about the hospitalization, the father said: “She is not under my care, it’s not my problem.” [ 15 ] A medical report made on October 15 and 16, 2018, and approved by Dr.

Larose, child psychiatrist, mentions that X is in an important loyalty conflict between her father (B), her foster family, her biological mother (E living in Town

D) and her biological father. She is also in conflict between two cultures (Inuit and white) and she is bullied at school because she is living with a non-Inuit family. She is speaking about going to school in Town E or in Town F to be able to evolve in an environment where the multiculturalism is accepted. X loves her father and her foster family. She does not want to disappoint them.

The report clearly insists on the importance that the decision about her place of living comes from the authorities and not from her, because it would be too heavy on her shoulders. [ 16 ] On October 16, 2018, X made a crisis at school and self-mutilated with a knife. Two days after she made another crisis at school. She was sent to the nursing and expressed that she was tired of life. [ 17 ] The foster family members love X and they are very conscious about her needs. The last events made them think about their involvement because they are worried not to be able to give her all the supervision she needs.

For this reason, they need time to think about a long-term placement. For now the DYP is looking for a reintegration with the father, but at the end of the placement, this foster family will maybe still be an option. [ 18 ] During that time, the father thought about the situation and testifies been willing to change his way of life. [ 19 ] The DYP worker explains that X received many services in her community (child psychiatrist, psychologist, follow-up with social services) and that all the recommendations have been applied by the foster family but it did not avoid the suicidal attempts made in October 2018.

Because of that, X needs more structure and the two weeks placement requested by the father won’t be enough to help X. She will receive the services from specialist directly in Montreal and not in a video conference. [ 20 ] The DYP worker expects from the father that he is more involved in the follow-up, that he communicates with the worker and he frequently communicates with his daughter to show her she is important for him. Since the last order he met only twice with the father. It’s difficult to see him because he is frequently outside of the community and the DYP worker never knows when he will be

back. [ 21 ] On his side, the father says to be ready to make some changes in his life and his spouse also. Questioned about his willingness to communicate with his daughter, he said he understands that it could have a positive impact on her and being ready to call or messenger her frequently. He also engages himself to communicate once every two weeks with the DYP's worker even outside of the community. Analysis [ 22 ] Even if she loves her father, the idea to go back living with him is very stressful for X.

No contact occurred between X and her stepmother since the last court order and she is still scared about her. [ 23 ] Regarding the father, the evidence shows that he is not clear regarding his intention for the future with his daughter. He expresses having the intention to change and to care for his daughter, but his actions show that he is more concerned with his own life, work and spouse. The situation of X raises many concerns and the father will have to realize the impact of his behaviour on her.

He has to be able to protect her and to offer her an environment in which she could express herself and speak about her mother freely. [ 24 ] X is suffering a lot and because she put herself in danger she is deprived of growing with her father or at least with a foster family who care for her. Now, the situation imposes a placement in a more structured environment for her safety and her well-being. [ 25 ] The Court insists on the fact that before a reintegration with the father be started, real and concrete changes have to be made by him.

FOR THOSE REASONS, THE COURT: [ 26 ] GRANTS this application; [ 27 ] DECLARES that the security and development of the youth X, born on [...], 2004, are in danger in regards to paragraphs (b) (1) iii., (

c) and (e) (1) of

section 38 of Youth Protection Act ; [ 28 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 29 ] ORDERS that X receive all health care and services required by her situation; [ 30 ] ORDERS that all the recommendations made by the psychologist on May 22, 2018, are followed and a copy of the psychological assessment is provided to the rehabilitation centre; [ 31 ] AUTHORIZES the youth’s reintegration with the father if the situation allows it; [ 32 ] ORDERS that the youth, the father and Ms. C take an active

part in the application of the measures ordered by the Court; [ 33 ] ORDERS that the father report in person, once every two weeks, to the Director of Youth Protection to inform him of the current situation; [ 34 ] ORDERS that the father receive help from an external educator to work on his parental skills; [ 35 ] RECOMMENDS that Ms.

C receive help from an external educator to work on her parental skills; [ 36 ] ORDERS that the father remain sober in the presence of the youth; [ 37 ] ORDERS that the father ensure that the adults in his household are not intoxicated and do not use any type of aggression or violence towards the youth; [ 38 ] ORDERS that the contacts between Ms.

C and the youth be supervised by the Youth Protection in terms of modalities, frequency and degree of supervision; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the family; [ 40 ] ORDERS the police to collaborate to the execution of the enactment; [ 41 ] ENTRUSTS the situation of the youth, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 42 ] THE WHOLE until April 29, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Date of hearing: October 29, 2018