2016 QCCQ 8453, 2016 QCCQ 8453

Protection de la jeunesse — 163768 2016 QCCQ 8453 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31042-161 Date: May 19, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 1998 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother The parent JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 19, 2016, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a seventeen year-old adolescent, based on her serious behavioural disturbances as well as the failure to provide her with the care required for her mental health. [ 3 ] The facts alleged in support of the motion dated April 26, 2016 are as follows: 3.1. as relevant background information, the adolescent lives with her mother and with her stepfather, B, the mother is pregnant and expected to deliver at the end of June 2016; mother’s pregnancy and delivery are considered to be a high risk medically to the mother; 3.2. the adolescent has serious behavioural disturbances and the mother fails to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the adolescent has been self-mutilating since November 2015;

b) in January 2016, the adolescent was brought to the Sainte-Justine Hospital for suicidal ideations, she was sent home as not deemed actively suicidal and referred to the CLSC for psychological services;

c) in January 2016, the adolescent started psychological services and it was discovered that she was self-mutilating and actively suicidal;

d) in February 2016, the adolescent’s suicidal ideations and self-mutilating behaviours increased, the mother and Mr. B were urged to bring her to the hospital on three (3) to four (4) occasions but did not follow through;

e) on March 6, 2016, the adolescent slit her wrist in the home while the mother and Mr. B panicked when they saw the bleeding they cleaned her wound and returned to sleep instead of taking her to the hospital;

f) on March 7, 2016, the school psycho-educator brought the adolescent to the hospital, the adolescent was hospitalized until April 7, 2016;

g) on April 7, 2016, the adolescent was discharged at home but he adolescent continued to self-mutilate actively;

h) the adolescent has received a diagnosis of borderline personality disorder, while she accepts and understands her illness, her mother and stepfather lack insight and blame external factors for her illness;

i) the adolescent has indicated that her mother and stepfather cannot protect her;

j) on April 18, 2016, the mother and stepfather brought the adolescent back to the hospital where she was readmitted; 3.3. on April 25, 2016, the adolescent was discharged to [center A] as she requires the high levels of supervision which can only be provided under “encadrement intensif” (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to a rehabilitation center for a period of two months with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on [...], 2016. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in support of the motion and consented to all the proposed measures. [ 6 ] The adolescent's father is not declared on her birth certificate. [ 7 ] The adolescent, assisted by Me Fafard, admitted the majority of the facts alleged and also consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Certificate of Live Birth (Republic of the Philippines); D-2: Court Report, prepared by [Social Worker 1] and [Social Worker 2], dated May 10, 2016; D-3: Notes d’évolution , prepared by Melissa Michaud, psychologist, dated April 7, 21 and 26, 2016. [ 9 ] In

summary, most of the facts alleged in support of the motion are admitted and the parties agree to the recommended measures. [ 10 ] Moreover, significant progress has been made since the motion was filed. [ 11 ] The mother reports that her daughter is feeling much better and expressed her heartfelt gratitude to the worker for her help and support, allowing her to recognize the importance of meeting her daughter’s emotional needs. [ 12 ] The adolescent’s condition has improved considerably; she is feeling much more stable and more optimistic. [ 13 ] As described in the Court Report : X has been doing well in placement and has been following the program very well.

X had one incident whereby she wanted to self- mutilate, while she was washing the dishes. She controlled herself in an effective manner and used her coping strategies to think about something positive. X is optimistic about changing her thoughts and using positive strategies in difficult moments to deal with situations. X understands that her situation is precarious and will require much effort on her part to put an end to a behaviour (self-mutilation) that she has been resorting to for such a long time.

However, X is committed in her treatment and wants to return home, where she will be able to trust herself to not self-mutilate and instead, turn to her support system. Ms. A is trying to accept her daughter’s mental illness and is also optimistic that her daughter will get better. Ms. A talks positively about her daughter and the strengths that X has to overcome this difficult time. [2] [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the adolescent's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the adolescent, X , are in danger under sections 38 (b) (1) (ii) and 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the adolescent remain entrusted to a rehabilitation centre for a period of two months; [ 18 ] TAKES JUDICIAL NOTICE that contacts between the adolescent and her family will occur as frequently as possible; [ 19 ] ORDERS that the adolescent receive all health care services required by her situation, more particularly that she benefit from regular psychiatric follow-up, TAKING JUDICIAL NOTICE that steps have been taken to obtain services from Albert-Prévost, as well as psychological counselling; [ 20 ] TAKES JUDICIAL NOTICE that Dr.

Michaud should be resuming shortly her work with the adolescent; [ 21 ] RECOMMENDS that the adolescent and her mother follow through with the recommendations of the medical professionals; [ 22 ] ORDERS that a person working for [center B] provide aid, counsel and assistance to the adolescent and her family;

[ 23 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 25 ] THE WHOLE until she reaches the age of majority, on [...], 2016. TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the adolescent TD/vl