2015 QCCQ 12119, 2015 QCCQ 12119

Protection de la jeunesse — 153352 2015 QCCQ 12119 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 29480-159 / 525-41-029481-157 Date: April 8, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2000 In the case of: Y Born on […], 2003 SOCIAL WORKER 1 , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father of X The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 8, 2015, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , who is fourteen years old, and Y , who is eleven years old, based on the serious risk of neglect to which they are exposed. [ 3 ] The facts alleged in support of the motion dated March 10, 2015 are as follows: 3.1. there is a serious risk that the mother is not providing for the adolescent’s basic need, more particularly but not restrictively in that:

a) the mother has a history of emotional instability;

b) for the past year, the mother has been followed by the CLSC;

c) the CLSC worker reports that the mother has chronic suicidal thoughts, that she has had flashbacks and that she tends to lose touch with reality;

d) in October of November 2014, the mother overdosed on medication and was hospitalized for seventy-two (72) hours;

e) since February 24, 2015, the mother suffered from increased flashbacks from past trauma;

f) the mother had difficulty sleeping;

g) at times, the mother did not make sense when talking to the adolescent;

h) on February 27, 2015, the mother attempted to commit suicide by locking herself in the bathroom and lighting her clothes on fire;

i) both the adolescent and sibling were in the home at the time;

j) police intervention was required to break down the bathroom door, put out the fire, and rescue the mother;

k) the adolescent and sibling were sent to stay with their half-sister, Z;

l) following the said incident, the mother was brought by ambulance to the hospital, where she has remained until this time; 3.2. on March 4, 2015, immediate protective measures were invoked and the adolescent was entrusted to Z; 3.3. on March 5, 2015, the Honourable Judge Odette Fafard extended the immediate protective measures for a maximum period of five (5) working days; 3.4. on March 2, 2015, Dr. Sultan observed that the mother had blunted affect, that she was not psychotic and that she was unpredictable; 3.5. Dr.

Sultan made a provisional diagnostic of Post Traumatic Stress Disorder and major depression; 3.6. on March 3, 2015, Dr. O’Neil observed that the mother had extreme psychomotor retardation, that she had difficulty speaking, that she claimed amnesia for some information, that she claimed not sleeping at night for fear of nightmares and that she wanted to return home; 3.7. Dr.

O’Neil made a provisional diagnostic of either Psychotic Depression, Post Traumatic Stress Disorder of Dissociative Depression; 3.8. the mother was ordered to remain in the Psychiatric Department of A Hospital from March 6 to April 4, 2015; 3.9. the adolescent is doing well in the care of her half-sister; 3.10. Ms.

Z is available to continue to care for the adolescent (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, and considering recent improvements in the mother’s condition, the Director recommends that the children be entrusted to their mother with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 5 ] The mother, assisted by Me Brunet, admitted most of the facts alleged in support of the motion and consented to all the proposed measures. [ 6 ] Y’s father is not declared on her birth certificate [ 7 ] X’s father was not present at the hearing and the Court proceeded in his absence. [ 8 ] The children, assisted by Me Sicotte Ouellet, admitted most of the facts alleged in support of the motion.

They expressed their consent to all the proposed measures. [ 9 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Birth certificate [for the children]; D-2: Court report, prepared by [Social Worker 1], dated March 31, 2015; D-3: Police report in file no.[…] (filed under

section 294.1 C.p.c.); D-4: A Hospital medical file for the mother (filed under

section 294.1 C.p.c.). [ 10 ] In

summary, the evidence establishes the facts alleged in support of the motion. Moreover, the mother’s medical records describe her history of trauma and abuse: The patient attributes most of her agony to being raped at the age of 9 by her sister’s boyfriend. She thoroughly recalls the events of the time and replays them in her mind. She says that she was bleeding vaginally following the rape, and she attempted to flush her blood stained underwear down the toilet. Her sisters kept telling her she was having her period, and her mother beat her for clogging the toilet.

Since then, she becomes particularly anxious when she is menstruating. She associates it with her traumatic childhood event and recounts the events during her periods. She blames her mother and her sister for letting this happen to her, and for not helping her. She also blames her mother for her father’s death. [2] as well as her difficult circumstances: She is a single mother to 5 children. Her oldest son is 23 years old. He is currently incarcerated and suffers from mild autism. She has a 22 year old daughter who was also incarcerated for 3.5 years but is now released.

She has a 16yo son who she describes as very smart, but has a form of high functioning autism. She also has a 14 year old daughter and 10 year old daughter. [3] [ 11 ] According to Dr John O’Neil, the “self immolation was prompted by an anniversary reaction to her [the mother’s] father’s death and flashbacks of rape from childhood”. [4] [ 12 ] Despite their struggles, the mother and daughters form a very resilient, close-knit family with many strengths, including a broad support network. The mother is receiving treatment and capable of reaching out for help.

In addition, both daughters are thriving academically: Y “is an exemplary student” [5] , X “is a model student” [6] and the children “appear to support and care a great deal about

one another” [7] . [ 13 ] The family will need to be followed closely to ensure that the children are adequately supported should their mother experience another crisis. [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the children's interest. THEREFORE, THE COURT: [ 15 ] GRANTS the motions; [ 16 ] DECLARES that the security and the development of the children, X and Y , are compromised under

section 38 b) 2) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILDREN'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the children be entrusted to the care of their mother; [ 18 ] STRONGLY RECOMMENDS that the children engage in counselling to help them cope with their mother’s mental health (i.e.

Support group at [centre A]); [ 19 ] STRONGLY RECOMMENDS that the mother continue to collaborate with her healthcare and service providers and follow through with their recommendations; [ 20 ] AUTHORIZES the Director of Youth Protection to obtain relevant information from the professionals treating the family TAKING JUDICIAL NOTICE of the parties consent; [ 21 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the children and their family; [ 22 ] ENTRUSTS the situation of the children, X and Y , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of nine months.

TAYA DI PIETRO, Q.C.J. Me Anne-Marie Dodds Attorney for the Director of Youth Protection Me Emilie Sicotte Ouellet Attorney for the children Me Richard Brunet Attorney for the mother TD/vl