2015 QCCQ 19520, 2015 QCCQ 19520

Protection de la jeunesse — 154731 2015 QCCQ 19520 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029208-147 Date: October 1, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2000 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother The parent JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 1, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for extension of an order rendered by the undersigned, on February 18, 2015, whereby the now fifteen year-old adolescent, X , was entrusted to a foster family for a period of nine months with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for extension dated June 23, 2015, are as follows: 3.1. the adolescent initially continued to demonstrate ambivalence about maintaining regular contacts with the mother; 3.2. the adolescent underwent a psychological assessment which recommends professional help from a family therapist; 3.3.

Efforts are being made to coordinate professional services for the adolescent to receive therapy; 3.4. in May 2015, the adolescent was assessed at the Montreal Children Hospital sexual abuse clinic and finding included scarring indicating she was sexually abused as well as a sexually transmitted infection; 3.5. the adolescent has indicated now feeling supported by her mother and by her mother’s partner about her disclosure; 3.6. the maternal grandmother persists to deny that her partner, B, has sexually abused the adolescent; 3.7. the adolescent has been resisting returning to the foster family in the last 4 to 5 weeks; 3.8. the adolescent in refusing to return to the foster family; 3.9. the mother is undergoing a psychological assessment and is opened to participating in psychological services for the child (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to her mother, 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 all the alleged facts and consented to the proposed measures. [ 6 ] The adolescent’s father is not declared on her birth certificate. [ 7 ] The adolescent, assisted by Me Morin, also admitted all the alleged facts and consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Rapport d’évaluation psychologique , signed by Marie Noël, dated May 29, 2015 (filed under

section 294.1 C.p.c.); D-2: Psychological assessment report, signed by Claire Lahure, dated June 3, 2015 (filed under

section 294.1 C.p.c.); D-3: Medical report, signed by Dr. Suzanne MacDonald, dated 11, 2015 (filed under

section 294.1 C.p.c.); D-4: Court report, signed by [social worker 1], dated September 16, 2015. [ 9 ] In

summary, the allegations are admitted and significant progress has been made in that the mother no longer doubts her daughter’s allegations.

The mother now appears fully committed to supporting her daughter in her efforts to overcome her trauma. [ 10 ] Both psychological assessments of the adolescent confirm the severity of the symptoms she suffers as well as the urgent need to rebuild a healthier relationship with her mother. [ 11 ] The assessment dated May 29, 2015 describes the adolescent’s symptoms and makes the following recommendations: Il s’agit d’une jeune fille de 15 ans, en foyer de groupe de la DPJ depuis novembre 2014, qui consulte par l’entremise d’IVAC pour une problématique d’abus sexuel, physique et psychologique.

Elle a vécu des abus sexuels répétés depuis l’âge de 4 ans, sur une période de 10 ans, par le conjoint de sa grand-mère. Elle a porté plainte à cet effet et entame des procédures judiciaires. Elle a également été témoin de violence physique et verbale entre sa mère et le conjoint de cette dernière et rapporte avoir pris soin de son petit frère lors de ces crises et avoir dû appeler elle-même la police. Au moment de l’évaluation, la cliente présente des symptômes post-traumatiques (insomnie, flashbacks, état dépressif), nous observons des signes d’auto-mutilation .

Elle présente aussi un style d’attachement craintif – ambivalent/résistant . Elle vit une relation conflictuelle avec sa mère mais espère une meilleure relation dans l’avenir et veut retourner vivre avec elle. Elle a également des difficultés scolaires, dues à sa dyslexie, dyscalculie, hypartopie et des difficultés d’intégration (expériences de rejet, d’intimidation, agressivité). Nous proposons un suivi en psychothérapie par une approche humaniste – vu les enjeux relationnels présents.

Les objectifs spécifiques sont : 1- construction et maintien du lien de confiance – travail au niveau de l’attachement 2- traitement des symptômes post-traumatiques RECOMMANDATIONS : Vu la sévérité des abus subis et la complexité du portrait clinique, nous recommandons d’emblée le maximum de rencontres allouées (52 rencontres) en psychothérapie . Nous fournirons évidemment les rapports d’évolution nécessaires au cours de suivi [2] (emphasis added). [ 12 ] The findings of the assessment dated June 3, 2015 also emphasize the importance of healing the adolescent’s relationship with her mother: In

summary, it appears to us that X have built fine basis for her personality but that the recurring perception of a lack of affection and loneliness has been very strong. Thus, she seems to have a very low self esteem and she seems to often feel that she is alone in the world. She then seems eager to get a protective and nourishing relationship with her mother, a desire that might bring her to deny her own needs, if those are perceived by X as being too much for her mother to bare. Besides, X seems to be angry towards her mother but tries very hard to minimize those feelings.

It appears to us that she could then redirect her bitterness and angst against herself, feeling then the urge to cut herself. In the end, we do think that X had been disconnecting herself from her inner life for a long time in order to survive the many traumatic experiences she has already been through. It appears to us that what’s most important at this time of her life for X is to rebuild her relationship with her mother . As she seems to feel safe at home, now that her grandmother and her boyfriend have moved away, and that Mrs. A gives her full support, we think it’s time for her to go home.

In order to help X rebuild her relationship with her mother, we recommended that the two of them receive professional help from a family therapist (systemic approach). They could then feel both safe to talk about what needs to be open between them. Besides, as we proceeded to the psychological evaluation of Mrs. A, we do insist on her ability to work in such a therapeutic process to help her daughter feeling better.

We also recommend that X pursue her own therapy with her social worker as it seems to be helpful [3] (emphasis added). [ 13 ] As recommended, X has already participated in two sessions with psychologist Marie Noël and agrees to continue. She appears to be very insightful for her age: X has expressed her goal to break the inter-generational cycle of abuse for herself which is a lot for a 15 year old teenager girl to do on her own. [4]

[ 14 ] The adolescent’s mother is also eager to benefit from family counselling with her daughter as soon as it becomes available. [ 15 ] In the meantime, the mother has taken steps to ensure that the adolescent not be made to spend time with her partner, C, as this revives memories for the adolescent of her exposure to conjugal violence between the couple. [ 16 ] On the other hand, the mother insists on the adolescent’s need to work on respecting her rules when alternate arrangements are made for her daughter’s care, especially as she is often required to travel for work as an airline hostess. [ 17 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 20 ] ORDERS that the adolescent be entrusted to the care of her mother; [ 21 ] ORDERS that contacts between the adolescent and her maternal grandmother be prohibited until such time as contacts are deemed to be therapeutically in X’s best interest and take into consideration X’s wishes, and thereafter ORDERS that the frequency and modality of such contacts be determined by the Director of Youth Protection; [ 22 ] PROHIBITS any contact between the adolescent and Mr.

B; [ 23 ] STRONGLY RECOMMENDS that the adolescent receive individual therapy TAKING JUDICIAL NOTICE that she has begun counselling with Ms.

Marie Noël, psychologist, and intends to complete fifty-two weekly sessions as recommended in her psychological assessment; [ 24 ] STRONGLY RECOMMENDS that the mother engage in individual therapy, if possible; [ 25 ] STRONGLY RECOMMENDS that the adolescent and her mother engage in family therapy TAKING JUDICIAL NOTICE of their undertaking to do so; [ 26 ] TAKES JUDICIAL NOTICE that they have been referred to the Argyle Institute and that they agree to participate in services as soon as they become available, including with the eventual participation of Mr.

C, if appropriate; [ 27 ] TAKES JUDICIAL NOTICE of the mother’s undertaking to ensure that the adolescent is not put into contact with Mr.

C, except as part of joint counselling, or left in his care; [ 28 ] ORDERS that the family benefit from the services of an educator to work on increasing the adolescent’s respect for her mother’s parental authority, for as long as necessary; [ 29 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the adolescent and her family; [ 30 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J.

Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Marc Morin Attorney for the adolescent

TD/vl