2018 QCCQ 20666, 2018 QCCQ 20666

Protection de la jeunesse — 1811460 2018 QCCQ 20666 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-027641-133 DATE : August 22, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2004 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ 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 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to extend the order rendered on February 24, 2018 entrusting X to a rehabilitation center for one year, accompanied by a social follow-up and other corrective measures including therapy. [ 2 ] Essentially, the Director alleges that the adolescent’s behaviour remains difficult to manage.

Considering that the parents’ situation has not significantly changed, a return to either of their homes is not feasible at this time. [ 3 ] The father admits the majority of the allegations pertaining to the adolescent’s behavioural issues with the exception of those relating to sexual abuse. He further denies allegations that he failed to respect the safety plan elaborated by social services. He consents to the recommendations proposed but requests more contact with his son. [ 4 ] The mother admits certain allegations pertaining to the adolescent’s behavioural issues.

Like the father, she denies anything related to sexual abuse. She further denies all allegations that suggest a lack of cooperation on her part as well as inconsistency in her contact with her son. Although she doesn’t specifically oppose the recommendations proposed, she offers no other alternative. [ 5 ] The adolescent admits many of the allegations but denies that he sexually abused his two younger half-siblings. He consents to the recommendations which include therapy, conditional to strict limits being imposed on any communication between the Director and his therapist.

The Evidence [ 6 ] The adolescent initially showed improvement following the last court order but his behaviour has deteriorated over time. Stealing, aggressive outbursts and a generalized disrespectful behaviour towards authority figures are some of the issues being dealt with in placement. [ 7 ] In early June 2017, the Director retained a signalement alleging that the adolescent sexually abused his two younger brothers. Criminal charges against the adolescent are currently pending in relation to the alleged situation.

While the veracity of these allegations has not been debated in this court, the evidence establishes that there is legitimate cause for concern. [ 8 ] In particular, a psychiatric assessment dated November 24, 2017 [1] contains contradictory statements by the youth who admits certain incidents one day while summarily denying them the next. Moreover, inappropriate behaviours of a sexual nature have been observed within the group home.

[ 9 ] On another level, the report also reveals deep-seated feelings of familial rejection and a troubling lack of self-esteem.

His overall emotional fragility interferes with his capacity to properly invest in interpersonal relationships and partly explains many of his behavioural difficulties. [ 10 ] The report concludes the following: - Trouble d’adaptation avec perturbation des conduites sexuelles; - Trouble oppositionnel sévère; - Trouble déficitaire de l’attention avec hyperactivité; - Trouble d’attachement [2] . [ 11 ] The assessment underlines the need to implement a global intervention plan which would include: - Long-term psychotherapy to deal with a history of emotional neglect and poor self-esteem; - Training in social skills and impulse control; - Participation in structured activities within his age group; [ 12 ] The report concludes that a structured environment providing emotional support is necessary and in the adolescent’s best interest.

Although sexual therapy is not recommended per se , the author is of the opinion that sexuality can be broached within the context of other services. Considering the mitigated results of prior specialized services, the author of the report considers that the intervention listed above should be prioritized for the moment. Meanwhile, the need for a safety plan continues to be indicated. [ 13 ] The parents continue to deny the long-standing history of abusive behaviour either perpetrated by the adolescent or to which he was subjected.

Surprisingly, their outlook remains firm despite prior admissions made by the adolescent himself. The social worker expresses concern that their persistent negations hinder ongoing attempts at managing these issues, both therapeutically and through safety plans. [ 14 ] Collaboration between the mother and social services is far from optimal. The mother continues to resist professional opinions about her son’s situation, tending to blame his issues on his surroundings in placement and at school. She generally refuses to participate in therapeutic activities or follow-up, citing a lack of time.

Though she claims that she visits her son without fail in the reception centre, the evidence proves otherwise [3] . Her need to present herself as a good parent overtakes her ability to face the reality of her son’s situation, thereby limiting her capacity to provide him with the support that he requires. [ 15 ] The father maintains stable contact with his son even if collaboration with the social follow-up is lacking at times. He accepts that his son requires specialized care and concedes that a return to his home is not feasible.

Nevertheless, he believes that his son needs more contact with his family and asks for longer visits. The social worker is open to extending visits, subject to organizing proper transport. [ 16 ] The mother’s former partner, E, continues to play a significant role in the adolescent’s life and his cooperation facilitates weekend visits with the parents. [ 17 ] While in placement, the adolescent has been offered various therapeutic services geared towards providing emotional support as well as managing his behavioural issues.

Nevertheless, he continues to demonstrate oppositional behaviours leading to school suspensions and police intervention. His tendency to gravitate towards negative peers has intensified concerns regarding his delinquent behaviours. As a result, he has since been transferred to a more structured setting at [Center B]. [ 18 ] A recent psycho-educational assessment identifies significant deficiencies in overall cognitive functioning, indicative of an intellectual disability.

According to the author: “Behavioural assessment shows significant difficulties related to learning, externalizing problems, social problems, thought problems, rule-breaking behaviour, conduct problems, oppositional defiant problems and aggressive behaviour. [4] ” [ 19 ] With the exception of some acting out, the adolescent has integrated his new environment well and is pleased with the program. He is expected to begin therapy in September 2018 and has recently expressed an encouraging degree of motivation to participate in the process which includes a psychological assessment.

He has expressed wanting to maintain a maximum level of confidentiality while allowing the Director some access to his progress. With his lawyer’s assistance, the adolescent has outlined a limited waiver of confidentiality that satisfies the Director. Analysis [ 20 ] The evidence clearly demonstrates that the adolescent requires specialized services in a structured and therapeutic environment that his parents are unable to provide. [ 21 ] The adolescent’s specific need for parental support during the course of ongoing therapy is clear.

The parents are encouraged to take an active role in the adolescent’s intervention plan and to demonstrate an open mind with respect to the issues identified by the professionals. [ 22 ] The constant negations of issues that have been acknowledged in prior hearings only serve to obstruct the therapeutic process.

Furthermore, the mother’s failure to comply with reasonable expectations of cooperation exacerbates the adolescent’s feelings of rejection. Consistency and transparency remain lacking. [ 23 ] That being said, the evidence also highlights the adolescent’s profound need to be with his family. Certain concessions should be made in order to achieve the long-term objective of reintegration to the mother’s home.

Despite the mother’s failings pertaining to the social follow-up, an increase in visitation must be considered and implemented so long as reasonable safety measures are in place. [ 24 ] The facts presented justify an extension of the order previously rendered.

Consideration of the evidence, including the consent of the parties, leads to the conclusion that the adolescent’s needs and interests are best served by the proposed measures. [ 25 ] UNDER THE CIRCUMSTANCES, [ 26 ] THE COURT: [ 27 ] DECLARES that the security and development of the adolescent continue to be endangered; [ 28 ] ORDERS that the adolescent remain in a rehabilitation center; [ 29 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be determined by the DYP; [ 30 ] TAKES JUDICIAL NOTICE that the Director is willing to consider extending the hours of visitation with the father; [ 31 ] TAKES JUDICIAL NOTICE that the Director is willing to consider extension of visitation with the mother subject to evolution in the child’s therapy as well as a better consistency in the mother’s cooperation with social services; [ 32 ] ORDERS that no means of physical discipline be used on the adolescent and that both parents adhere to the safety plan established by the DYP; [ 33 ] TAKING JUDICIAL NOTICE of the adolescent’s consent, AUTHORIZES the Director to obtain the following information from the adolescent’s treating professionals namely his therapist: - the adolescent’s attendance in therapy; - his collaboration in therapy, whether or not he is progressing, without however sharing the details of his conversations with the therapist; - the therapist’s opinion regarding the possibility of increasing visitations with his parents including overnights with his mother; [ 34 ] TAKING JUDICIAL NOTICE of the adolescent’s consent, AUTHORIZES the youth’s therapist to speak with the parents about the content of the therapy; [ 35 ] TAKING JUDICIAL NOTICE of the adolescent’s consent, AUTHORIZES the social worker to disclose to the therapist the content of the youth protection file as well as the information she holds with respect to her work in this file; [ 36 ] TAKING JUDICIAL NOTICE of the adolescent’s consent, ORDERS that he continues to receive therapy for as long as deemed necessary; [ 37 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 38 ] ENTRUSTS the situation of the adolescent X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 39 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On September 4, 2018 KAREN OHAYON, J.C.Q. Me Christine Waldvogel Attorney for the D.Y.P. Me Karine Doherty Attorney for the adolescent

Date of hearing: August 22, 2018 KO/ lf