2018 QCCQ 20395, 2018 QCCQ 20395

Protection de la jeunesse — 1811621 2018 QCCQ 20395 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002209-184 DATE: November 19, 2018 (written judgment rendered on April 4, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2010 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, deceased Mother and B, deceased Father and C, residing and domiciled at [...] Caregiver – Interested party ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2010, are in danger under

section 38 (b) (1) i. and iii. [1] of the Youth Protection Act . Position of the parties [ 2 ] Ms. C is present and represented by Me Tommasel. She asks to be recognized as an interested party. Considering the consent of the parties, the fact that she takes care of X since he is 7 months old and considering the interest of the child, the Court authorizes Ms. C to participate to the debate as an interested party. [ 3 ] Ms. C recognizes that the security and development of the child are in danger, but she disagrees with the recommendations. [ 4 ] X who is 8 years old is present and represented by Me Neptune.

On his behalf, she admits most of the allegations and she agrees with the measures. Facts [ 5 ] X’s parents both committed suicide. The mother died when he was 7 months old and the father died in October 2017. [ 6 ] Since his mother passed away, Ms. C takes care of him, but he spends most of his time at Ms. C’s parents’ place, who he considers as his grandparents. C has alcohol consumption issues. The situation at the grandparents’ place is not the best either.

They consume alcohol and they could be violent. [ 7 ] Because of their personal issues, the caregivers do not provide enough food to X who goes to school to eat. In the village, few people said that X stole some food. [ 8 ] According to the school staff, X has very aggressive and impulsive behaviour. He arrives hungry at school and he becomes angry.

Sometimes, he refuses to go back to his grandparents’ or to his aunt’s. [ 9 ] X displays behavioural issues since he starts the last school year (2017-2018), but despite the situation no intervention plan was done at school. [ 10 ] On September 7, 2018, because the situation was out of control, the police intervention was required, X was suspended and the

school asked a reintegration plan before he comes back, but as the teacher and the principal are not able to communicate with the family, it’s impossible to plan his reintegration. [ 11 ] X also has learning difficulties. This year (2018-2019), he is repeating his grade 2. The DYP worker confirms that no service was offered at school for behavioural issues and learning difficulties. [ 12 ] The DYP worker went to the grandmother to address this situation. She was intoxicated and said not being ready to have her grandson at home.

Later in the day, the grandfather says he agrees to have him for the weekend only. [ 13 ] At the beginning of September 2018, Ms. C started working at school and since that time the DYP noted that it’s easier to communicate and to meet with her. The DYP worker noted that with the time, the contact between her and Ms. C is getting better. [ 14 ] During the follow-up made with the DYP, Ms. C explained that X’s mother used to drink during the pregnancy and she suspected that X could suffer from a FASD. For her, his behavioural issues could be caused by this syndrome.

Also, X is aware that his parents committed suicide and at his age he starts to ask many questions. It’s very difficult emotionally for her. She loves X and she cares for him. She considers him as her own child. [ 15 ] Questioned by the Court, the DYP worker admits that despite the behavioural issues, the learning difficulties and the information received about the consumption of the mother, nothing was done to investigate and to know more about this aspect. The plan was to wait and to see the evolution of X at the rehabilitation centre. [ 16 ] Ms.

C admits not being all the time psychologically available for him. She lost her baby two years ago and she drinks more since then. She wants to address her alcohol issues consumption and would like to entrust a therapy centre, but she can’t financially afford it. She needs to work to be able to pay her rent and keep her house and she does not want to be in the south, far from X for too long a period. Because of that, she plans to entrust [Centre A], which is a six-week treatment and not [Centre B] which is a six-month treatment.

She thinks being able to resolve her issues during the time X is resolving his, but she is really torn between the importance to address her issues and the payment of her bills to be able to keep her house. [ 17 ] Since October 2, 2018, X is entrusted to the Group Home in City A. Despite few events of violence, the DYP worker notes some improvement in his behaviour. He is going to the external school in City A. [ 18 ] Actually, the DYP is requesting a placement until November 2019, to offer him a stable place to finish his school year and hopefully to reintegrate him at the beginning of the next school year.

It’s planned that X stays at the Group Home in City A. [ 19 ] At the beginning of the hearing, Ms. C said that she would like X back at home immediately, but she knows she has issues to resolve. She knows she needs to go to Social Services before register herself to [Centre A]. She finally admits that the best solution is for X to stay at the Group Home. During that time, she could take care of her, and using this time to have her life back on track for her and for him. Analysis [ 20 ] Many sad events occurred in his very young life. For sure, that could explain his violent reactions.

The potential FASD could also explain the situation. [ 21 ] He is very young. His difficulties are very important and have consequences on his schooling and his development. [ 22 ] It’s obvious that Ms. C cares a lot for X and would like the best for him, but her personal issues make her unavailable to answer all his needs (basic needs, emotive needs, etc.). In this pattern, X’s situation becomes more serious and is clearly in danger because of this negligence. [ 23 ] As measure, the rehabilitation services are needed. It will be beneficial for X, but it will be beneficial also for Ms.

C who will have time to take care of her and to address her personal issues. [ 24 ] To make sure that this period of placement will be enough to put an end to this situation, professional assessment will be required to know more about the reason why X react with so much violence and to help him to express his emotion in an adequate way. [ 25 ] The suspicion of Ms. C who knew the mother very well, has to be considered very seriously. We can’t live with only suspicion. If there is a problem, it should be addressed in a timely manner.

As Justice McKenna ever has the opportunity to say in another file in City B, “the DYP must fulfill its mission and should not wait for the Court to order such an assessment.” [ 26 ] To make the reintegration possible, a team work is needed. X has to learn to change his behaviour, Ms. C has to work seriously on hers and the DYP has to be closely present to accompany and to support them in their tasks.

FOR THOSE REASONS, THE COURT: [ 27 ] GRANTS the motion; [ 28 ] DECLARES that the security and development of the child X, born on [...], 2010, are in danger under sections 38 (b) (1) i. and (b) (1) iii. of the Youth Protection Act ; [ 29 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre in the [region A], with a possible reintegration with Ms. C after the end of the school year 2018-2019, if the situation allows it; [ 30 ] ORDERS that the child and Ms. C take an active

part in the application of any of the measures ordered by the Court;

[ 31 ] ORDERS that the child receive the specific health care and health services required by his situation; [ 32 ] ORDERS that a psychological assessment of the child be conducted regarding a potential FASD and or ADHD or any other pathology; [ 33 ] ORDERS that this psychological assessment report be filed in the Court’s record; [ 34 ] ORDERS that the recommendations set out by the psychologist be followed; [ 35 ] ORDERS that the evaluation and the recommendations be explained to Ms. C; [ 36 ] STRONGLY ENCOURAGES Ms.

C to resolve her alcohol problem by seeking help through Social Services or internal therapy; [ 37 ] ORDERS that Ms. C report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 38 ] ORDERS that Ms. C remains sober in the presence of the child; [ 39 ] ORDERS that the contacts between the child and Ms. C be determined by the Director of Youth Protection as for modalities, frequency and degree of supervision; [ 40 ] ORDERS that the contacts between the child and Ms.

C be as frequent as possible; [ 41 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and Ms. C; [ 42 ] ORDERS the police to collaborate to the execution of the enactment; [ 43 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 44 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the caregiver Date of hearing: November 19, 2018