2019 QCCQ 15277, 2019 QCCQ 15277

Protection de la jeunesse — 1910394 2019 QCCQ 15277 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002162-185 DATE: April 16, 2019 (written judgment rendered on October 23, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2002 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, deceased Mother ______________________________________________________________________ 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 revise a decision rendered on April 19, 2018, regarding the youth X, born on [...], 2002.

At that date the Court declared the security and development endangered and entrusted the adolescent to a rehabilitation centre until April 30, 2019. [ 2 ] The DYP suggests that the youth be entrusted to a rehabilitation centre until April 5, 2020, with a possibility of reintegration in a foster family after nine months if the situation allows it. [ 3 ] X, who is now 16 and half years old, is present and represented by Me Jennis. He admits most of the allegations, and he agrees with the measures. History of the Situation [ 4 ] On June 9, 2009 , the situation of X was submitted to the Court for the first time.

The mother and her boyfriend had a history of alcohol consumption and conjugal violence. In February 2009, the child’s sister was suspected of being sexually abused by the mother’s boyfriend. X was not abused, but he was scared of him mostly when he was hurting and threatening his mother. The three children were entrusted to a foster family. The mother’s boyfriend received a long-term jail sentence. The mother decided to address her issues. She completed an addiction treatment program, but unfortunately, she relapsed. The children were very close to their mother, and they were a source of motivation for her.

The Court declared that the security and development of the child were endangered [1] and entrusted him to a foster family for a period of eight months with reintegration with the mother after six months if the situation allows it. The Court ordered a prohibition of contact between the child and the mother’s boyfriend. [ 5 ] On January 12, 2011 , the Court revised the situation. The child was reintegrated under his mother’s care. She made some efforts to reduce her alcohol consumption issue, but still struggled with her addiction. In August 2010, X and his mother were physically assaulted by the mother’s spouse.

The Court maintained the child under his mother’s care. [ 6 ] On April 19, 2011 , the evidence revealed that a few days after the last decision, the mother threatens to kill one of her children. They were able to go to their grandmother’s place. The children were removed from the mother and entrusted temporarily to a foster family. In March 2011, X was entrusted to his cousin in City A. The mother still had consumption issues and contrary to her engagement she continued to see her boyfriend and conjugal event occurred between them.

The Court maintained the child in a foster family for a period of one year with progressive reintegration if the situation allows it. [ 7 ] On May 1, 2012 , considering that the situation of the mother continues to get worse, the Court entrusted the child under his grandmother’s care until his majority. [ 8 ] On May 17, 2014 , the mother was beaten to death by her boyfriend. [ 9 ] On August 19, 2015 , the evidence showed that X developed serious behavioural issues as breaking and entering, stealing, sniffing gas, drinking and aggressiveness.

The grandmother, who became older, said not being able to answer X’s specific needs. In July

2015, on provisional hearing, he was entrusted to the Group Home of City B, but his behaviour remained very problematic: he destroyed properties, he ran away, etc. The grandmother is caring a lot for X, but she needs help. The Court entrusted X to a rehabilitation centre followed by reintegration in a foster family if the situation allows it, the whole until February 19, 2016. [ 10 ] In January 2016 , Dr.

Beltempo psychologist, assessed X and concluded: Recommendations: X is currently in placement in the Group Home in City B and is doing better than when he first arrived in July 2015; he is better able to control his behavior with the help of the external controls (structured environment). I recommend the status quo be maintained at least until the end of the academic year. I would recommend behavioral programming with clear expectations and rewards which have proven effective.

Second, he still needs structure, consistency and supervision from external sources until such time as he develops a change in attitude and a change in behavioural and respect for authorities. He has to incorporate internal controls rather than external ones. Thirdly I recommend continued individual counseling with Mr. [Social Worker 2] to work particularly on two goals: one is anger management and the other is grief counseling with respect to the mother’s violent death. The objective would be to come to terms with the trauma by using trauma techniques.

I recommend strongly that we explore treatment strategies that have worked on children who have murdered parents and how grieving can processed with such children. [ 11 ] On February 15, 2016 , the evidence shows that X is at the rehabilitation centre since July 2015, and he is doing well. The only significant person in his life is his maternal grandmother living in City C, but she is not in position to impose him the adequate structure. X himself suggested one person in City B where he would like to live and this person was under evaluation. X wants to get back at the murderer of his mother.

He had been evaluated by Dr. Beltempo psychologist, who made some recommendations to help him. The Court notes that despite his happy attitude, X still struggles with a deeper anger that has not been addressed yet. The Court also asks to act with precautions when the time will come to start integration in a foster family. The Court entrusted him to a rehabilitation centre until June 30, 2016, with progressive reintegration in a foster family at least on June 30, 2016.

The Court also ordered that a life plan be prepared and that the adolescent and his foster family receive the help of an external educator, the whole until February 28, 2017. [ 12 ] On March 20, 2018 , the Court was seized with a provisional hearing and X was entrusted to a rehabilitation centre. [ 13 ] On April 19, 2018 , the Court was seized with the situation of X. He was 15 years old. He had been followed by the DYP services from June 2009 to February 2017. During that time, he had been entrusted to foster families and in a rehabilitation centre. But since 2016, he was mostly fostered by his aunt, Ms. B.

During the previous months, he sexually abused two youths. In March 2018, he threatened to act as his older brother who killed three persons and died after being shot by the police in 2017. Everybody in the community said being scared of him. He was entrusted to the rehabilitation centre on March 8, 2018, where he accepted to receive services for sexual deviance and specialized programs. The Court declared that his security and development were endangered, entrusted him to a rehabilitation centre and authorized integration in a foster family if the situation allows it.

The Court ordered a psychological assessment and a follow-up if required, plus a child psychiatrist follow-up, the whole until April 30, 2019. Facts [ 14 ] From April to May 2018, X stayed at [Unit A] and was transferred to another rehabilitation centre still in City D on May 14, 2018. He still displays serious behavioural issues such as drug consumption, running away, aggressive behaviours and suicidal ideation. [ 15 ] In June 2018, the DYP worker spoke with the undeclared paternal grandparents.

They are ready to receive him for home visits and to give him support. [ 16 ] In June 2018, the hearing for the sexual assault was scheduled, but had to be postponed to August 2018, as X ran away from the hotel in City B for one week. [ 17 ] On August 10, 2018, he came back at [Rehabilitation Centre A], but ran away for one month. He was found highly intoxicated by cocaine and Xanax. He was immediately transferred to [Unit A] where he would be supposed to serve his criminal sentence. [ 18 ] In October 2018, he was sentenced to an eight-month close custody and four months under close supervision.

His grandfather, who is a translator for the court, was present and confirmed his intention to take care of his grandson. [ 19 ] The DYP worker noted that since the end of 2018, he seems to be more invested in the services. He accepted to meet with the psychologist and the evaluation was done even if the written report is not done yet. He improved his behaviour and he is going to school regularly since May 2018. [ 20 ] X also accepts the sexual behaviour therapy and the drug addiction assessment.

Despite those improvements, a few violent events brought him in the isolation room. [ 21 ] In December 2018, his aunt and his sister came in City D to visit him and everything went well. [ 22 ] In February 2019, he expressed the desire to live with his aunt or with his biological father, but not at the Group Home. In April 2019, he said that if he can’t go to a foster family he prefers to stay at [Rehabilitation Centre A]. [ 23 ] According to Dr.

Beltempo who gave verbally his opinion: […] «X demonstrates many antisocial traits and values: a desire to oppose and dominate, cruelty, self-centered thinking and a grandiose self, aggressive attitude leading to physical assaults, poor sense of boundaries and limits, impulsivity and disobedience, temper- tantrums.» […] «that the youth had a poor level of insight into himself and it could be difficult to treat him, but that his best success would depend on being placed in a group setting and that he responds positively to behavioral rewards.

This is explained by the fact that the youth has not internalized adequate limits and depends on others to define them; X is still struggling with boundaries in the context of [Unit A] which demonstrates rehabilitation must be pursued, if not through the YCJA, then under the care of the Director of Youth Protection.»

[ 24 ] The DYP worker looked for a foster family, but no one is available on the mother side and on the biological father’s side. The grandfather is not available on a long term basis because he travels a lot for his job as a court translator, but he is looking for if some reliable extended family members would be available. Analysis [ 25 ] X suffered a lot during his life. He has a lot of traumas which could explain his antisocial attitudes as described by Dr. Beltempo. Actually, he is serving a custody sentence which will be finished in June 2019.

At [Unit A] he receives some services and the tools he will need, but his situation continues to be endangered. [ 26 ] For sure, he has to stay there to serve his sentence. For the future, he would deserve to live with family members, but considering that actually no one seems to be available, the Court has no other choice than to maintain him in a rehabilitation centre.

This period will allow him to continue to improve and to benefit from appropriate services. [ 27 ] The Court asked questions about the follow-up done between February 28, 2017 (end of the judicial measure) and March 8, 2018 (entrustment at the rehabilitation centre), the reason why the file was closed and a new declaration of compromising was required. The DYP worker admitted that during those 13 months, no revision was requested as the file of X was forgotten. He was at his aunt, no follow-up was done and no report was received until the two sexual assaults.

For 13 months, this young boy, with such difficulties, background and such recommendations made by the psychologist in 2016, was left without any services. [ 28 ] Moreover, this young boy has no tutor since his mother’s death and no request was made to name one. Doing so, the Court will declare the DYP as tutor of X under

section 180 of the Civil Code of Quebec . FOR THOSE REASONS, THE COURT: [ 29 ] GRANTS the application; [ 30 ] DECLARES that the security and the development of the youth X, born on [...], 2002, are still endangered; [ 31 ] ORDERS that the youth be entrusted to a rehabilitation centre until April 5, 2020, with a possibility of reintegration in a foster family after nine months, if the situation allows it; [ 32 ] STRONGLY RECOMMENDS , as recommended by the psychologist, that the adolescent is entrusted, after his sentence, to [Rehabilitation Centre A] in City D; [ 33 ] ORDERS that the youth take an active

part in the application of any of the measures ordered by the Court; [ 34 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 35 ] ORDERS that the youth receive specific health care and services which are required by his situation; [ 36 ] ORDERS that the recommendations set out by Dr.

Beltempo be followed and included in the intervention plan; [ 37 ] ORDERS X to actively participate to all therapies recommended by the professionals including, but not exclusively, a sexual therapy, a personal follow-up and a drug and alcohol addiction therapy; [ 38 ] AUTHORIZES the Director of Youth Protection to have access to the information regarding the youth’s presence at appointments with professionals and his level of involvement in the services provided; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the foster family; [ 40 ] DECLARES the Director of Youth Protection tutor to the adolescent X, according to

section 180 of the Civil Code ; [ 41 ] RECOMMENDS to the Commission des Droits de la Personne et des Droits de la Jeunesse to do an investigation in this file and INVITES the Commission to make any other recommendations; [ 42 ] ORDERS the clerk of the Court of Quebec, Youth Division, to notify this decision to the Commission des Droits de la Personne et des Droits de la Jeunesse; [ 43 ] ORDERS the police to collaborate to the execution of the enactment; [ 44 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 45 ] THE WHOLE until April 5, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Caroline Daniel, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the youth Date of hearing: April 16, 2019