2022 QCCQ 14282, 2022 QCCQ 14282

Protection de la jeunesse — 229024 2022 QCCQ 14282 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002376-199 DATE: January 11, 2022 (written judgment rendered on May 5, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2007 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 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 review and prolong a decision rendered on May 22, 2020, regarding the child X, born on [...], 2007.

At that date, the Court declared the security and development endangered, entrusted the child to a rehabilitation centre until December 18, 2020, and ordered that he be reintegrated under his mother’s care on December 18, 2020, the whole until December 31, 2021. [ 2 ] The DYP submits that the situation does not allow to maintain the child with his mother and asks that the youth be entrusted to the father until he is able to integrate to his grandmother’s place, Ms. C, in [Region A]. Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel.

She recognizes that the security and development of her child are still endangered and she agrees with the measures because she knows that it is her son’s desire to go with his grandmother. [ 4 ] Despite being dully served with the application, the father is absent and not represented. During the last 7 days, the DYP worker went to his place every day and sometimes 3 times a day to find the opportunity to speak with him about the coming hearing. The father was never at his place. There is nothing more steps the DYP can do to ensure the father’s presence at the Court.

Considering the best interest of the adolescent, the Court proceeded in the absence of the father. [ 5 ] The youth is almost 15 years old. He is absent because he had to go to Town A for medical reason. He gave a clear mandate to Me Michaël Pereira. He recognizes that his security and development are still endangered and he agrees with the measures. History of the Situation [ 6 ] The situation of the A family is known from the DYP for a few years.

Indeed, the older sister is entrusted to a foster family until her majority because of the mother’s alcohol and drug consumption, and the parents’ violent conjugal relationship. The youth was also the object of different reports for physical abuse from a third party and his mother, and also for neglect. Those reports were mostly not founded until an event of physical abuse in December 2015, from the mother’s part. [ 7 ] On March 17, 2016 , the Court was seized with X’s situation. He was 9 years old. The mother admitted having burned her son’s eyebrow because he wanted to smoke a cigarette.

She also recognized that she hit him sometimes to discipline him. She regretted and said that she will not use those methods again. The mother feels depressed and she could not count on the father to help her. The father understood the situation, said being ready to be more involved and willing to work with the mother and the DYP to offer a better structure to his son. The Court declared that the security and development of the child were endangered [1] , entrusted him to a foster family, took note that he was at that time with his maternal grandfather and ordered he benefits from a psychological evaluation, the

whole until October 31, 2016. [ 8 ] On October 12, 2016 , the evidence revealed that the child remained with his grandfather, but frequently went to his parents’ place without authorization from the DYP. His behaviour at school improved, but he still had difficulty to socialize. His parents still had alcohol consumption issues. The mother expressed remorse to have used violence toward the child. The parents improved their collaboration with the DYP and with the school.

The Court entrusted him to his parents and ordered specific health care services, including a psychological assessment and a follow-up if required. The file was closed at the end of the measure. [ 9 ] On October 25, 2019 , the Court was seized with a provisional application requesting that he be entrusted to a rehabilitation centre. The Court granted this application. [ 10 ] On November 22, 2019 , the hearing under

section 38 YPA had to be postponed. The DYP required that X be entrusted to a rehabilitation centre despite the fact that since the last order he was not there because of a lack of places. The Court declared that the rights of the youth were encroached and entrusted him to a rehabilitation centre. [ 11 ] On May 22, 2020 , the Court rendered a decision under

section 38 after a few days of hearing. The evidence showed that on February 6, 2019, the situation of X was reported again to the DYP because of a situation of physical abuse from the father who totally denied it. When X was met by the DYP he confirmed the event, but refused to give any details and he did not testify about that. The parents still displays alcohol consumption issues. The father was working very hard and was not implicated in the life of his children. The mother, on her side, was tired of being alone to take care of the children.

The parents get separated in September 2019. [ 12 ] X was not going to school since the beginning of the school year 2018-2019, and he did not succeed the previous one. The school did not notify the DYP about that. This non-attendance would be due to X’s fear to go to school following a serious event of bullying. He had been beaten up by other youths and had to be medevaced to Town A because of the seriousness of his injuries. The Social Services would have informed the DYP, but the DYP has no information about such report.

The parents wanted their child to go to school, but understood his fear and despite asking for help, they never received any support. [ 13 ] X is also known for serious behavioural issues. Since December 2017 (he was 10 years old), the police had to intervene with him. The DYP was never informed about such interventions. Interventions were also required because he got intoxicated after having sniffing gasoline. He also displayed suicidal ideation, and in October 2019, he had to be entrusted to a rehabilitation centre for his safety on immediate protective measures.

The youth finds a way to run away from the door which was not working properly. [ 14 ] In October 2019, a placement was ordered on provisional measures which was never applied due to a lack of places. In November 2019, X committed new criminal infractions and the DYP requested again a placement on provisional measures (the one mentioned in paragraph 10). He finally got a place on December 23, 2019, at the Town B rehabilitation centre. This is an open unit and X did not respect the rules and was outside most of the time to the point that he had to ask for money to be able to eat.

The DYP knows that during his runaways, he put himself at risk. The DYP justified the placement in Town B because the youth only speaks Inuktitut and the other rehabilitation centres do not provide services in Inuktitut. [ 15 ] The psychological evaluation ordered by the Court in March, and in October 2016 was never performed. The DYP herself recognized that the file was not supposed to be closed without such psychological evaluation done. [ 16 ] Considering that this hearing took a long time for various reasons, the Court had the opportunity to see the positive evolution in the situation of the parents.

First, they get separated and that helped a lot to reduce the impact of the toxic conjugal relationship on the children. During the pandemic, the mother stopped working and she became more available and demonstrated a lot of interest for her children’s well-being. The mother stopped drinking and improved her collaboration with the DYP workers. She is open to receive services, to apply the strategies and she is taking good care of her 2 youngest children, reintegrated under her care when the pandemic started. [ 17 ] The Court declared that the security and development of the youth were endangered [2] .

The Court also declared that the rights of the youth were wronged and blamed the DYP. The Court entrusted X to a rehabilitation centre and to his mother starting on December 18, 2020. The Court ordered that he attend school, that he receive health services, drug addiction assessment and follow-up if required, psychological evaluation, and recommendations to be followed and also different measures to facilitate integration at school and his schooling, the whole until December 31, 2021.

Facts [ 18 ] X came back living with his mother in December 2020 as ordered. [ 19 ] Meetings were held between the DYP, the school, the mother and the youth to prepare the intervention plan and to ensure his attendance. In January 2021, the DYP worker picked him up at home in the morning to drive him at school and brought him back in the afternoon. Starting in February, the attendance had reduced. X was met by the Social Services worker and he explained that he is still bullied by the other youths and he is tired of being behind in class.

He would like to be in high school and not in elementary school. [ 20 ] In January 2021, X was assessed by Dr. Beltempo, psychologist. The report was not produced, but the DYP worker resume the recommendations as follows in the revision report: […] X needs a very structured environment to grow. However, since there has not been much time since his return to the community, it was difficult to assess whether his current environment was completely appropriate for him. In addition, it was reported that X needed to be in a class with a low student/teacher ratio.

The report was sent to the school so that they could access these recommendations. During the evaluation, Dr. Beltempo recommended that X be followed up with social services for his addiction problem (gas sniffing). That being said, X did not cooperate with the follow-up with social services. In addition, it is important to note that we have contacted [Centre A] to have him access the teen program, but they have not been able to accept him. For the time being, in terms of the external services put in place following Dr.

Beltempo’s recommendations, we have referred X’s file to the Neurodiversity, Evaluation, Assistance and

Therapy (N.E.A.T.) clinic, so that he can receive specific services and he is also on the list to benefit from art therapy. [ 21 ] In March 2021, the mother adopted a newborn baby. X was very caring with this child. [ 22 ] In April 2021, the mother told the DYP worker having difficulty to make X respecting her authority. He was not at home for a few days and did not give any news. The mother was worried. [ 23 ] X received services from an external educator and the collaboration was good, but this educator left his job in April 2021.

The DYP worker ensured a higher intensity of services to compensate. [ 24 ] In June 2021, the youth was the victim of physical abuse from his mother’s part who admitted some of the facts. Since that time, X was entrusted under his father’s care. The father is still working a lot, but can count on the support of the maternal aunt to supervised X. The father’s situation stabilized since he is in a new conjugal relationship and no event of conjugal violence was reported.

The father practise a lot of traditional activities with X, and both appreciate those moments. [ 25 ] Even if his behavioural issues remain present, those issues seem to be less severe. X appeared to be more structured and more mature. He would like to be able to go to school part time and to work part time with his father at the municipality. [ 26 ] On September 9, 2021, the Court entrusted the youth under his father’s care as provisional measures. [ 27 ] In September, X displayed suicidal ideation at school. He met with the Social Services and accepted to have a follow-up with them.

Also, despite the Court order rendered on September 9, it became more and more difficult to continue to live at his father’s place due to the bad relation he has with his father’s girlfriend. X decided by himself to spend his time at his maternal aunt’s, Ms. D, but he continues to practise activities with his father. [ 28 ] Between October and December 2021, X was arrested twice by the police force for different infractions.

When met by the DYP worker, X disclosed having a lot of difficulties to live in Town E and to be surrounded by his peers who bully him, who have a bad influence on him and to be surrounded by family members having alcohol consumption issues.

He said being tired of such way of life and express the desire to go live with his maternal grandmother in Town C to have a new start. [ 29 ] The DYP and the parents agreed with such plan and steps were taken to explore this possibility, to assess the maternal grandmother and to have a collaboration with the Youth Protection services A. [ 30 ] The [Region A] Public Health requirements are more restrictive than in the Province of Quebec, the trip was not possible to be done immediately. X had to receive his Covid-19 vaccination and to respect the delay between the doses.

He complied with everything. [ 31 ] At the beginning of December 2021, X was injured while he was playing with other youths. He felt and hit his head on a rock. He was medevaced to Town A and for a while, there was a risk that he would lose his sight. By chance, the situation improved, but he still requires a follow-up and it is the reason why he did not attend the hearing. [ 32 ] In November 2021, on provisional hearing, the Court had ordered that the steps were taken to entrust X to his maternal grandmother.

It had been announced that the process should be long and the Court ordered that, waiting for the travelling, that the youth be entrusted to his maternal aunt, Ms. D with daily spot checks. [ 33 ] The DYP present at the hearing and responsible for the file, started working for the [DYP A] on December 9, 2021. The file was assigned to her on December 20, 2021. The first week, she was not aware that she had to do spot checks, so she did not. The following weeks, despite her numerous attempts, she was unable to locate X.

She was made aware that X had developed a good relation with a police officer of the Town D Police forces in Town E. She met with this police officer who confirmed that the youth was doing well. [ 34 ] The collaboration with the aunt became difficult due to the involvement of the DYP in her child’s life. The communication with the father is also very poor. [ 35 ] She tried to have information about the Covid-19 vaccination, but the access was denied by the hospital. Due to that, she asks that the DYP be granted with the parental authority.

The DYP worker is aware that the Court had granted the authorization to have access to such information by the decision rendered in November 2021, but due to a lack of time, she did not insist with the hospital. If there is a delay with the vaccination, it is possible that it was due to the different travelling in Town B that X had to do for his eye follow-up. [ 36 ] Since the last provisional hearing, the [Region A] Government confirmed that the maternal grandmother had been approved as a foster family.

The only step left is the public health requirements to be completed. [ 37 ] Regarding the schooling transfer, the DYP worker is unaware about the process, because she ignores if any steps had been started before her arrival and since she is there, the school is closed due to the Covid-19 situation in Town E. [ 38 ] At the hearing, the mother expressed that she had given her consent for X to go to live at his maternal grandmother’s place, but now, she hesitates. She is scared not to be able to see him often. She would like to see him growing.

She is very emotional and very affected by the recent death of her father and brother, both in the same month. [ 39 ] The mother is in detention for the physical abuse against X. She should be released on April 3, 2022. Before her detention, she had regular contacts with the DYP worker and she appreciated that. She also appreciated a lot the fact that the DYP brought X at school as it was very helpful. Since her detention, she has less contacts with the DYP worker and she sees that the worker changed again. She is tired of so much change.

[ 40 ] She often speaks with her sister, and she commits to convince her to collaborate with more with the DYP. Analysis [ 41 ] The situation of the youth continues to be endangered. His mother is in detention for physical abuse on him. His father is not able to provide him with an appropriate environment where he feels comfortable. His aunt does not provide him with the adequate supervision. Currently, he is almost alone. [ 42 ] His schooling situation got better, but it is still not perfect.

But being more mature, he is able to recognize the importance to attend school and he tries to find a way to have the motivation to do so. [ 43 ] He also improved in the sense where he is more able to express his feelings. He was able to disclose not feeling well in Town E for various and good reasons. He asks to live with his maternal grandmother who has no alcohol consumption issues and whom he respects a lot. There is no reason to prevent him from being able to realize his dreams.

The Court understands the worries of the mother, but it is urgent that X could evolve in an environment where he will feel safe. [ 44 ] Waiting for that to happen, there is no other possibility than to entrust X to his father and to authorize him to sleep at his aunt’s place to avoid the conflict between him and his father’s spouse. The Court trusts the mother who commits to convince her sister to collaborate. [ 45 ] In the decision rendered on the application for protection, after having declared that the rights of the youth were wronged, the Court ordered different corrective measures.

The Court was able to see that a few of those measures were completed, but not the totality. The DYP acknowledges that fact. The measures that were not done was due to a lack of resources. The Court is well aware of such difficulties in the North. The Town D children are forgotten by the health and social services. And because of that, the measures ordered to compensate an encroachment of rights are not fully applied. [ 46 ] In the village of Town E, as explained by the DYP worker, there are only 2 workers in charge of all the situations and working days and nights to be able to answer all situations.

The social issues in the North are totally different than the one in the South. Having the same ratio worker/population in the Town D than in the South does not make sense and constitute a denial of rights for the children who did not receive the services and the protection that they deserve. [ 47 ] The DYP worker present at the hearing, who arrived 3 weeks before in the village of Town E, had to read the file during the night before the hearing until 2 a.m. to be able to answer the question of the Court.

In a normal situation, she would have had time to read her files, to prepare it and to get ready for the hearing. In Town E and in the other northern villages, the emergencies have to be dealt all day and all night long, the whole by a very low ratio of workers. [ 48 ] For sure, as established by

section 8 YPA, the lack of resources does not constitute an excuse for not providing the services and even less for the implementation of corrective measures. Doing so, the Court will reiterate the previous orders to ensure a continuity of care for this youth who suffered so much.

The steps taken to ensure the implementation of those measures will have to be reported to the Commission des Droits de la Personne et des Droits de la Jeunesse. [ 49 ] Regarding the duration of the measures, the Court will impose that those measures ended at the end of August 2022, to make sure that the revision be done before the next school year.

FOR THOSE REASONS, THE COURT: [ 50 ] GRANTS the application; [ 51 ] DECLARES that the security and development of the youth X, born on [...], 2007, are still endangered; [ 52 ] ORDERS that the youth remain with his father until he is able to be entrusted to his grandmother, Ms. C, in [Region A]; [ 53 ] ORDERS that the youth sleeps at his aunt’s place, Ms.

D until he can leave for [Region A]; [ 54 ] ALLOWS the Director of Youth Protection to perform spot checks at the aunt’s place; [ 55 ] ORDERS that the youth respect a curfew from 10 p.m. to 7 a.m.; [ 56 ] As soon as possible, ENTRUSTS the youth to his maternal grandmother, Ms.

C, in [Region A]; [ 57 ] AUTHORIZES the youth to travel to [Region A]; [ 58 ] ORDERS and AUTHORIZES the Director of Youth Protection to take all the necessary steps to facilitate the travelling (ID, public health requirement, plane ticket, Covid test, booking hotel, etc.); [ 59 ] ORDERS the Director of Youth Protection to prepare the school transfer and to do so, [ 60 ] AUTHORIZES the Director of Youth Protection to access the entire schooling file; [ 61 ] ORDERS that recommendations set out by the psychologist be implemented without any delay, including any other evaluation that he could suggest; During the travelling and after the arrival in [Region A]: Despite the prescription of

section 91, par. 3, the Court cannot indicate any date for the different steps considering the Public

Health requirements are different between the Town D, the rest of the province of Quebec, the Ontario and the [Region A] and that the current requirements could change at any time between the date of the present decision and the date of the youth’s arrival to [Region A]. [ 62 ] AUTHORIZES the Director of Youth Protection to entrust the youth to a reliable person to escort him during the travelling between Town E and Town C; [ 63 ] ORDERS the Director of Youth Protection to ensure the supervision of the youth during the entire travelling including any quarantine he will have to respect; [ 64 ] ENTRUSTS the youth to his grandmother, Ms.

C as soon as he arrives in [Region A]; [ 65 ] ORDERS the Director of Youth Protection to facilitate the registration at school in [Region A] to avoid any delay for the youth before starting school in [Region A] and to provide all the relevant information such as copy of his school file, copy of Dr Beltempo’s evaluation etc…; At any time: [ 66 ] ORDERS that X and the parents take an active

part in the application of the measures ordered by the Court; [ 67 ] ORDERS that the frequency, terms and modalities of the contacts between the youth and his mother be determined by the Director of Youth Protection; [ 68 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 69 ] ORDERS that X and his parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 70 ] ORDERS that the parents remain sober and without any violent behaviours in presence of the youth; [ 71 ] STRONGLY RECOMMENDS that the parents seek help through the Social Services concerning their consumption issues; [ 72 ] ORDERS that once X is entrusted to his grandmother, the modalities, the frequency, and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection; [ 73 ] ORDERS that the youth attend a school or another place of learning or a program geared to developing skills and autonomy; [ 74 ] ORDERS that the parents collaborate closely with the school; [ 75 ] AUTHORIZES the Director of Youth Protection to have access to X’s entire medical, Social Services and schooling files; [ 76 ] ORDERS that X receive all health care services required by his situation; [ 77 ] ORDERS that the youth and the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the youth are endangered; [ 78 ] ORDERS that a copy of the present decision be notified to Commission des droits de la personne et des droits de la jeunesse; [ 79 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A who shall then see that the measures are carried out; [ 80 ] THE WHOLE until August 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: January 11, 2021