2014 QCCQ 7953, 2014 QCCQ 7953

Protection de la jeunesse — 14810 2014 QCCQ 7953 JR 1585 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division» N° : 505-41-007539-143 DATE : February 21 st , 2014 ______________________________________________________________________ PRESIDED BY: THE JUSTICE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of le Centre jeunesse A Petitioner -and- X, born on […], 1998 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ JUDGMENT

Section 38 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 11.2.1 and 135 Y.P.A .] [ 1 ] The child is 15 years old. She lives with her mother and her maternal grandparents. The parents have been separated since many years. Up until approximately two years ago, the child was living with both her parents in shared custody. [ 2 ] The Director of Youth Protection (the Director) petitions the Court with a Motion for protection, according to

section 38 of the

Youth Protection Act , in the matter of the child. Mainly, she submits that the child demonstrates serious behavioural disturbances. [ 3 ] The Director recommends that the child be entrusted to a rehabilitation center for a period of seven months with a social follow- up for a period of one year. [ 4 ] The child and her parents are present. They all recognize that the security and development of the child are in danger .

They are in agreement with the measures recommended by the Director . [ 5 ] The proof demonstrates that the child has, indeed, serious behavioural disturbances and more particularly in that: • She has a drug abuse problem (including injecting crystal meth); • She has suicidal thoughts and severely cuts herself on her arms and legs; • She has an eating disorder problem; • She has inappropriate sexual conduct. [ 6 ] The child has been in the hospital a few times during the fall because of her suicidal thoughts and her self-inflicted wounds.

In December 2014, the Director intervened in the situation while the child was still hospitalized. [ 7 ] On December 20 th 2013, the Court entrusted the child to a rehabilitation centre. [ 8 ] The child is very isolated and has no circle of close friends. She feels alone and different. [ 9 ] In school, she has always excelled academically. However, in the last year, her grades have dramatically plummeted.

She has trouble to concentrate and takes many substances (caffeine pills, speed, marijuana) to stay awake and calm. [ 10 ] However, she confirms she wants help and wants to be happy and to live a "normal" life. [ 11 ] The mother explains that she was not aware of the extent of her daughter's problem. She thought she was going through normal adolescent behaviour. [ 12 ] She explains that she wants a more regular follow-up with the psychiatrist. She is willing to collaborate and visits her daughter regularly. [ 13 ] The child has a conflictual relationship with her father.

They have not seen each other in about two years. At that time, the father had a physical altercation with his teenage son, the child's brother. Since then, the child cut all the contacts with her father. [ 14 ] The father testifies. He explains that he loves his daughter very much and that he is willing to work on the relationship. [ 15 ] The Court agrees with the Director’s clinical analysis [1] : “Our intervention with the family allowed us to confirm that X’s security and development are being compromised.

X’s behavioural difficulties are, in greater part, linked to her drug abuse problem, which is mot probably the symptom of her emotional distress. In fact, X has mentioned feeling emotionally “different” and suffers from severe self-mutilation behaviour. Emotionally, it is clear that X is suffering from anxiety and we can imagine that under this anxious surface hides her emotional distress. In fact, self-harming is described as a “physical expression of emotional distress”. In X’s case the self-harm is most likely linked to her anxiety and depressive state.

In addition, the self-harming like the drug abuse is a way for X cope with her feelings. Research has also demonstrated that self-mutilation may accompany a variety of co-occurring mental illnesses, such as depression, anorexia and borderline personality disorder (disorder of mood and interpersonal function). Thus, one of the main goals of our intervention will be that X continues her psychiatric evaluation and follow-up in order to clarify the impressions that have already been mentioned and get the proper treatments.

In addition, a psychological follow-up will also be imperative in order to help X learn positive coping mechanisms. Although X has difficulty trusting people, she was able to open-up during her evaluation and has expressed wanting help. X has been clean of drugs and alcohol since December 1 st . She also willingly stayed at the hospital and agreed to transfer to the rehabilitation. On the other hand, although X is scared she will not get the proper help, she also expressed wanting to go home and not staying in the rehabilitation centre. X is a very intelligent girl and is able to project herself in the future.

Therefore, it will be important to also help X concentrate on the things she is passionate about and loves (reading, writing, baking, school, work). In addition, as mentioned earlier, X is very well spoken and has great judgement. As a child, many red flag were raised by X to alert her parents. X’s feeling of not being noticed or that people didn’t really care accentuate her pain and distress. Thus, it is mandatory that the relationship between X and her parents be addressed. The main goal of our intervention is that X returns to her home environment as soon as possible.

It is also important that X returns to doing the positive things she enjoyed doing (school and working) as soon as possible. This being said, X will need psychiatric and psychological support to address her emotional distress, her anxiety, her self-mutilation, her eating disorder and her drug abuse problems. Finally, the family as a unit will need help in order to restore the respect and re-open the communication between all the members.” [ 16 ] The Director explains that the child could be admissible to the Stearns Inpatient at A Hospital.

This program is designed for adolescents suffering from an eating disorder, mood disorder, anxiety disorder or severe psychosis and who must be hospitalized due to a serious impairment in functioning. She is on a waiting list. [ 17 ] The situation of the child commands that she be entrusted to a rehabilitation centre. Because of her serious behavioural

disturbances, she needs to be in a structured environment. In addition, she needs to receive all the health services required by her needs. [ 18 ] The child has a lot of potential and there is a lot of help around her. She needs to take the time to evaluate all of this help and decide what is good for her. [ 19 ] However, she needs to be open-minded and to accept all the services she can get. The Director is also going to support the parents.

Hopefully, in a year, the child will be able to go back home and live a "normal life" as she wants. [ 20 ] After having received the admissions, taken into account the entire proof and the interest of the child, Court comes to the conclusion that the security and development of the child are compromised in virtue of

Article 38

f) of the Youth Protection Act and therefore orders the application of the requested measures. [ 21 ] FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and the development of the child X are in danger; [ 24 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center chosen by Le Centre jeunesse A for a period of seven months ; [ 25 ] ORDERS that a person working for an institution of body provide aid, counsel or assistance to the child and her family for a period of one year ; [ 26 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered, more particularly in the Intervention Plan proposed by the Director; [ 27 ] ORDERS that the child receive certain healthcare and health services, more particularly, a psychiatric follow up with Dr Bienvenue; [ 28 ] RECOMMENDS that the new social worker meet with the child and the parents to discuss the best resource for the child; [ 29 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the present order. ________________________________ Mélanie Roy, J.C.Q. Me Patrick-Olivier Mailhot Attorney for the D.Y.P. M e Jean-Pierre Gaudreau Attorney for the child