2018 QCCQ 14312, 2018 QCCQ 14312

Protection de la jeunesse — 184697 2018 QCCQ 14312 JB5047 QUÉBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth division »

N os : 455-41-000932-152 DATE: May 23, 2018 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2009 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A , residing and domiciled at […] -and- B , unknown address Children’s parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). introduction [ 1 ] The Director is requesting that the security and development of X be declared still in danger. [ 2 ] Today the Director is recommending that X be entrusted to a rehabilitation center for a period of two years, that the contacts between X and her mother be determined by the Director in terms of modalities, frequency and supervision, taking notice that the frequency will diminish progressively, with a social follow up for the same period. [ 3 ] It is to be noted that it has been difficult to proceed in this case.

No less than 4 times were the parties in court, twice it was postponed and the actual hearing started January 31 st 2018, and continued on May 23 rd . On March 28 th 2018, it was impossible to proceed because the day before, the child had a crisis and was in distress and the worker had to be by her side. [ 4 ] Also, the Director has been hesitating to recommend a one or two year order.

He has changed his position throughout these proceedings form one to the other and back. [ 5 ] The mother contests the duration of the order seeked by the Director and wishes to be better informed about the frequency of her contacts which she would prefer not to be diminished.

[ 6 ] The father is absent. His coordinates are unknown and he has not played an active

part in the child’s life for some years. The court proceeds in his absence [ 7 ] The child’s lawyer, after hearing the evidence, feels a one year order would better answer X’s needs particularly since it is not sure that she will remain at A. Furthermore, we need to have the complete Trauma assessment that will only be available on June 6 th , 2018. Question in litigation [ 8 ] Do the recommended measures answer the needs of the child and are they in her best interest?

Events since last court order [ 9 ] The Director is requesting that the court revise the order rendered on December 8 th , 2016 by the Honourable judge Julie Beauchesne, by which she ordered that X remain entrusted to a readaptation center for a period of one year.

The order also allowed contacts with her mother under the modalities and frequency determined by the Director. [ 10 ] Since the last court order, X remained at the A group home in City A where she has been placed since May 2015. [ 11 ] This readaptation center answers her many particular needs by an adapted program. [ 12 ] X was diagnosed with ADHD and oppositional defiant disorder with provocation. [ 13 ] She receives a regular medical follow up with her child psychiatrists Dr Bourget and Dr Petitpas and she takes medication. [ 14 ] Dr Petitpas produced a letter (D-13) in which she also explains about her attachment vulnerability.

She recommends a tight follow up with a professional in City A who will develop with her a secure therapeutic relationship. [ 15 ] In April 2018, X was evaluated at the Child Psychiatry Department of the Jewish General Hospital. Dr. Judith Vogel added to X’s diagnosis as she found that the child has a severe reactive attachment disorder and likely multiple learning disabilities.

Her behaviours highly suggests Post-traumatic stress disorder which requires an independent evaluation. [ 16 ] She has revised her medication which needs to be overseen carefully. [ 17 ] She needs constant surveillance as she puts herself at risk on a regular basis and can be very impulsive. [ 18 ] For example, she has a tendency to run away from the group home or the school. [ 19 ] She has obsessive behaviours, arranging and rearranging objects in her surroundings.

She functions better when she has one-on- one accompaniment. [ 20 ] She also exhibits aggressive behaviour and becomes physically abusive with staff and peers when she does not get what she wants to the point where staff need to physically restrain her. This can happen several times per month. She shows no remorse when she is confronted with the harm she does. [ 21 ] She steals frequently and her knap sac has to be searched on a regular basis. She uses vulgar language.

She has attention seeking behaviour. [ 22 ] She has difficulty with her sleeping patterns in that she has difficulty in falling asleep and needs reassurance from staff. She has also experienced nightmares and night walking, waking up and disturbing the other children in the group home. [ 23 ] X has made many gains in terms of language development, catching up with her language disorder. [ 24 ] Her schooling remains a problem.

She had been attending school in an adapted academic program but exhibits important difficulties. [ 25 ] She can be aggressive with her peers and school staff and can get very agitated. [ 26 ] She has been transported to the [organism A] (secure environment) quite a few time to calm her down. [ 27 ] The school has then decided to provide her with a safe place within their walls where she can go when she feels anxious.

They also provide the support of an educator who supports her through the day. [ 28 ] At some point, she started to refuse to go school and was home schooled by a tutor. [ 29 ] In all circumstances, X needs great structure and very steady routine to cope with her anxiety. [ 30 ] In February 2018, she was provided with a shadow accompaniment at the group home.

Although this helps her with her routine, it is not the complete solution for X who still exhibits problematic behaviour. [ 31 ] The least change in her routine can provoke a pattern of disorganisation. [ 32 ] The mother has been regular in her visits to X but she missed a few supervised visits due to illness or lack of transportation. During the first 9 months of 2017, X had weekly contacts with her mother (phone calls and visits alternating each week). X appreciates the mother / child contacts and misses her mom in between visits.

[ 33 ] Starting September 2017, the visits were spaced once every 3 weeks, as the mother had difficulty attending visits once every 2 weeks. X reacted negatively to the change. [ 34 ] Nonetheless, the mother missed several supervised visits. She explains that this was due to difficulties with her pregnancy. [ 35 ] In reaction, X has been more and more aggressive.

In fact, since April 2018, she has been more disorganized and aggressive and had to be brought to the [organism A]. [ 36 ] X is currently experiencing memories from her past and fears that C (mother’s ex-partner) will find her. [ 37 ] The mother’s personal situation has improved. [ 38 ] In April 2017, the mother separated from her partner Mr. C.

After the separation, she reported being the victim of theft, harassment and vandalism from her this man. [ 39 ] After experiencing some financial difficulties following this, she progressively reorganised her personal life. [ 40 ] She is now in a relationship with another partner, D. She gave birth to their daughter on February 28 th 2018. It is her 7 th child. They all have been placed through the social services’ intervention. [ 41 ] She has been offering very good collaboration with the Director and participates actively to the social follow up.

Although she has not been transparent about her pregnancy. [ 42 ] She has been following through her participation in [organism A] activities. The appropriate measures [ 43 ] It is clear from the evidence that X still needs the support of a readaptation setting.

But the duration requested seems very long for such a young child (9 years old on 1 st , 2018), especially since she has been there already for the last 3 years. [ 44 ] The Court grants an order for one year during which the Director will need to reflect on this child’s life plan. [ 45 ] The Court insists that a placement in a group home cannot be a life plan for a child. [ 46 ] To this effect, the Court also noted the recommendation from Dr Vogel from the Jewish General Hospital: « the priority in this case should be the establishment and maintenance of a steady home and interpersonal environment to allow for the gradual stabilization of X’s severely dysregulated attachment » (D-16). [ 47 ] X is very preoccupied with her future and needs to be reassured as to where she will be living until she reaches age of majority.

Especially since she is the only child at A amongst the children that were placed at the same time that she was, who has not found a home. [ 48 ] Furthermore, the current children presently at city A are mostly boys. Some threaten X which created a new concerning situation. [ 49 ] As for contacts with her mother, their frequency and modalities have to take in consideration X’s best interest.

She still nourishes the hope of returning home, but the Director feels the prognosis of this happening is rather grim. [ 50 ] In that regard, the professionals involved must be consulted and their recommendations followed. [ 51 ] The present judgement completes and confirms each and every observations that were made on the bench in presence of the parties.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the child X are still in danger; PROLONGS the Court order rendered on December 8, 2016 in the present file; ORDERS that the child X be entrusted to an institution operating a rehabilitation center for a period of one year; ORDERS that the contacts between the child and her mother be determined by the Director of Youth Protection concerning the terms, the frequency and the level of supervision; RECOMMANDS that the Director gives some leeway in terms of frequency and modalities of contacts; TAKE NOTICE that the frequency of the contacts between the child and her mother will be modulated according to professional advice, including her psychologist; ORDERS that the child receive all the health care and services she may need; ORDERS that the mother take an active

part in the application of the measures ordered;

ORDER that a person working for an establishment or body, provide aid, counsel and assistance to the child and her family for a period of one year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Marie-Pier Trépanier Counsel for the DYP M e Pascale Gauthier Counsel for the children M e Érica Gosselin Counsel for the mother Exhibits deposited : D-15 to D-18