2021 QCCQ 10034, 2021 QCCQ 10034

Protection de la jeunesse — 214672 2021 QCCQ 10034 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002466-206 DATE: February 24, 2021 (written judgment rendered on May 10, 2021) ______________________________________________________________________ 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, residing and domiciled at [...] Mother and B, presently detained at the [...] Father ______________________________________________________________________ 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 review a decision rendered on July 23, 2020, regarding the adolescent X, born on [...], 2004. At that date the Court declared the security and development endangered and entrusted the adolescent to a foster family, namely the maternal grandmother, Ms.

C and authorized a possible reintegration of the youth with the mother if the situation allows it, until July 31, 2021. [ 2 ] The DYP submits that the situation does not allow to return the youth to her parents and asks that she be entrusted to Mr. D, until July 31, 2021. Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] Despite being dully served, the father is absent and not represented.

The Court proceed in his absence. [ 5 ] The youth is absent, but represented by Me Cassandra Neptune. She recognizes that her security and development are still endangered and she agrees with the measures. History of the Situation [ 6 ] On July 23, 2020 , the Court was seized with the situation of the adolescent. The evidence revealed that the mother and her spouse display alcohol consumption and conjugal violence issues. From January 2019 to January 2020, the youth was entrusted to a foster family.

As the mother made great improvements, the DYP agreed to reintegrate the child under the mother’s care, but the child decided to stay at her grandmother’s place where she was entrusted. The mother respected this choice. The Court declared that the security and development of the youth are endangered and entrusted her to her maternal grandmother, Ms. C, the whole until July 31, 2021. [ 7 ] On January 12, 2021 , the Court was seized with an application for provisional measures and entrusted the youth to Mr. D. [ 8 ] On February 2, 2021 , the child was assessed by Dr. Beltempo, psychologist.

He made the following recommendations: First of all, we would clarify with Ms. [social worker 2], Social Service Counsellor , the goals as well as the methods and frequency of her intervention plan. Ms. [social worker 2] has reported that her main goal was to allow X to express any emotions she has. This process may continue but in addition X needs to focus on trauma-based and emotional regulation techniques to modulate her emotions, especially when she feels or thinks about the suicidal ideations. If Ms. [social worker 2] could be of further assistance, we suggest that

she remain in the picture. Secondly, we recommend that X be referred to a clinical psychologist through ZOOM, visual conferencing system, where she could be followed up on a regular basis. If we could ensure that X will reliably attend her meetings, we strongly recommend Ms. Nadia Beaudoin, Psychologist in Town A. Her telephone number is (514) 290-5660. Using DBT techniques (Dialectical Behaviour Therapy) and Trauma-Focused therapy will help X overcome her issues. Over time the psychologist can coordinate the techniques and the gains with the Social Services Counsellor, Ms. [social worker 2].

Another referral option would be the Grey Zone Site : we recommend Ms. Melissa Storm, a Psychologist , whose specialty is with children and adolescents using DBT techniques. Please check the Grey Zone site on the Internet for further information. I would also recommend a psychiatric consult with Dr. Nadeau , MD, Child and Adolescent Psychiatrist, to assess for a mood disorder and to rule out any other mood disorders. Her first depression was noted around the age of 13 or14, probably at the same time when she had her menses. She has had a long-standing and concomitant emptiness and abandonment from childhood.

Lastly, I would recommend, as I mentioned to the DYP that if X was acutely suicidal with a plan or any suicidal crisis that she be brought to the local nursing station to be assessed by a physician . Facts [ 9 ] After the previous decision, the adolescent was entrusted to her maternal grandmother according to her desire. But one month later, she called the DYP emergency line during the night asking to change from foster home. She said having suicidal thoughts. [ 10 ] Two days after this call, the DYP organized a family council to know more about what happened.

The issue is the conflict between X, and the maternal grandmother’s adopted daughter. The two girls are the same age, and the relation is very conflictual. [ 11 ] After discussion, the two girls said being able to live together, but shortly after another difficulty happened and X requested again to change foster home. The situation was very difficult for the grandmother who loves both of them. [ 12 ] On January 12, 2021, X was officially entrusted to Mr. D, a family friend appreciated by everyone. [ 13 ] The adolescent is described as very protective and very responsible. Before being entrusted to Mr.

D, she had school attendance issues, but since she is at his place, she is doing very well at school. She has no more suicidal ideation, and she is developing in a healthy way. [ 14 ] After receiving the psychological evaluation, the DYP maintained the services provided from the Social Services with Ms. [social worker 2], but also made steps for X to receive weekly psychological session with Dr. Nadia Beaudoin from Town A via Zoom. Those sessions are not started yet, but the DYP ensure a regular follow-up. [ 15 ] X does not have regular contact with her mother except when she needs advice for her sewing.

She visits the other family members regularly including her grandmother. [ 16 ] The mother is still in relation with her spouse, Mr. E. She was the victim of conjugal violence since the last decision while her spouse was intoxicated. Despite her intentions many times expressed, the mother took no steps to address her issues. As being pregnant, she stopped drinking, but the DYP is scared that she relapse once the baby is born as she made for her other children. [ 17 ] Mr. D has only good words about X. He makes sure to be making her at ease in his house.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the adolescent X, born on [...], 2004, are still endangered; [ 20 ] ORDERS that the youth be entrusted to Mr. D, as foster family if he is accredited as such; [ 21 ] ORDERS that the adolescent benefit from all health care services required by her situation; [ 22 ] ORDERS that the adolescent continue her follow-up with the Social Services; [ 23 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 24 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection; [ 26 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the family; [ 27 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] ORDERS the police to collaborate to the execution of the enactment; [ 29 ] THE WHOLE until July 31, 2021.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Robert-André Adam, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: February 24, 2021