2018 QCCQ 20392, 2018 QCCQ 20392

Protection de la jeunesse — 1811618 2018 QCCQ 20392 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002128-178 DATE: November 21, 2018 (written judgment rendered on April 4, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2001 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] 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 July 25, 2018, regarding the youth X, born on [...], 2001.

At that date the Court declared the security and development of the youth still in danger and entrusted her to a foster family until [...], 2019. [ 2 ] The DYP submits that the situation requires to entrust her to a rehabilitation centre with a possible reintegration in a foster home, the whole until [...], 2019. [ 3 ] The mother is present and represented by Me Tommasel. She ignores most of the alleged facts and she agrees with the measures. [ 4 ] The youth is present and represented by Me Neptune. She admitted some of the allegations and express the desire to go back home.

Historical situation [ 5 ] On November 21, 2017 , the situation of X was submitted to the Court. The mother is suffering from schizophrenia and forget to take her medication. X was left to herself and also had to take care of her mother. Recently, before the court hearing, the adolescent who collaborates very well with the DYP worker, went to the office and asked to be placed because the house was unlivable following a breaking and enter. The evidence also revealed that X had behavioural issues and put her at risk (drug consumption, relation with oldest men, etc.).

That is the consequences of the lack of structure at home. The Court declares the security and development of X in danger and entrusted her in a foster family until July 25, 2018. The Court also ordered a life project, the services of an external educator and that X attend school on a regular basis. [ 6 ] On July 25, 2018 , the Court revises the decision. X was entrusted to Mr. B. During that time, she was abused and imprisoned by her boyfriend. She lived few days in a women's shelter. Mr. B gave up because she took his skidoo without authorization. X was entrusted to Ms. C, but she asked to be back with Mr. B.

This later accepted, but as he was often outside the community for his job, Ms. C engaged herself to supervise X when he is not available. X worked at the daycare and started the summer school. The mother’s situation remained the same, but she maintained regular contact with her daughter. The Court maintained the placement until [...], 2019. [ 7 ] On September 19, 2018 , an emergency measures hearing was held and the Court entrusted the adolescent to a rehabilitation centre and ordered that a psychiatric and psychological assessment be performed if she agrees.

Facts [ 8 ] Despite the facts that the Court ordered a foster home placement, after few days, X was living somewhere else than with Mr. B. She spent most of her time at her mother’s. [ 9 ] In August, she was offered to live at her aunt’s place in City A. She first refused, but finally accepted to go as Mr. B was not

available because of his job. When it was time to take the plane, X was nowhere to be found. She would prefer to stay in City B to help her mother. [ 10 ] In September, she lost her job for having slept at work. She disorganized herself and expressed suicidal and homicidal ideation. She was hospitalized, placed in the isolation room and despite the 3 injections she received, after 14 hours she was still out of control. For this reason, she was medevac to City C. [ 11 ] Since September 19, 2018, she is entrusted to the [rehabilitation centre A].

The psychological and psychiatric assessments were made at the end of October 2018. [ 12 ] With the psychiatrist, X expressed herself quite easily. She spoke about her traumas: assault with a weapon from her boyfriend, forcible confinement, suicides in her family including suicide with firearms. She spoke about the recall she has when she discovers the body of one of her family members. She recalls the odour of the blood.

She says not being suicidal, but admits that it’s helpful to speak about her emotions. [ 13 ] The psychiatrist notes traits related to a possible attachment disorder or an adaptation disorder to stressors caused by part traumatic events.

She recommends continuing psychological follow-up for therapy around relational and traumatic issues and to review the files after psychological evaluation to see her needs in terms of follow-up. [ 14 ] The child psychiatrist is available for a new evaluation in the next few weeks. [ 15 ] The psychological evaluation was also made, but the writing report was not done at the date of the hearing. The psychologist transmitted verbally his conclusions to the worker.

He suspects a cognitive impairment and recommends a psycho-educational follow-up regarding her alcohol and drugs consumption and her sexualized behaviours that put her at risk. In the North no professional is available to offer this service. The worker plan to substitute the psycho-educational follow-up by the services of an external educator.

According to the worker, this service rendered in collaboration with the psychosocial follow-up could be quite equivalent. [ 16 ] As the psychiatrist, the psychologist also recommends a psychological follow-up on a regular basis. [ 17 ] According to the rehabilitation centre staff, X is sometimes angry at school because of her low academic skills. She is also unpredictable. The workers describe her as having a psychological fragility as behaviour rigidity, lack of concentration, aggressive reaction and difficulty to express her emotions.

That being said, she made good improvement since the beginning of this placement. [ 18 ] The DYP worker considers that she still needs rehabilitation services, but it’s also important that she could come back in a foster family very soon to learn to be autonomous. The aunt in City A is still available to take care of X, but as the adolescent does not wish to be entrusted there, it will be necessary to find a foster family adapted to X’s needs. [ 19 ] X testifies that she is at the [unit A] since a long period of time. She does not like that and she wants to go back with her mother.

On her side, the mother is very passive, she does not show worries and does not seem to understand the gravity of the situation. She is receiving her injections, but did not seek help through the Social Services. Also she is frequently confused and forget her appointments. Analysis [ 20 ] It’s obvious that X is very concerned by her mother and would like to be present to help her.

But the difficulties of the mother are very important and X has her own issues which are very important also. [ 21 ] She should have the opportunity to receive all the services she needs to become autonomous and to be able to face the adult life. As she was evaluated by professionals, the Court insists on the importance to follow the recommendations they made. The Court understands that it’s difficult to obtain services in the North and the geographic situation sometimes requires to be imaginative to find a solution.

But when a child requires a service, it’s not time for inventiveness, it’s time to be proactive to obtain the recommended services. For this reason, the Court will order the services as recommended by the professionals and expects that the necessary steps will be taken to provide those services to X.

FOR THOSE REASONS, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and development of the youth X, born on [...], 2001, are still in danger; [ 24 ] ENTRUSTS the youth to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, with a reintegration in a foster family as soon as possible; [ 25 ] ORDERS that the youth attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 26 ] ORDERS that the youth receive the services of an external educator during her reintegration within a foster family; [ 27 ] ORDERS that the youth receive specific health care and health services; [ 28 ] ORDERS that the youth receive an intensive psychological follow-up on a regular basis for as long as judged necessary by the professional; [ 29 ] ORDERS that the psychological assessment ordered in September 2018 be finalized and filed in the Court’s file; [ 30 ] AUTHORIZES the professionals involved in the youth’s life to communicate between them and to exchange their respective

assessment; [ 31 ] ORDERS that the youth benefit from the second psychiatrist evaluation and that the written report be deposed in the Court’s file; [ 32 ] ORDERS that the recommendations set out by the psychologist and the child psychiatrist be applied; [ 33 ] ORDERS that a psycho-educational follow-up be offered to the youth regarding her alcohol or drug consumption and sexualized behaviour; [ 34 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Court; [ 35 ] RECOMMENDS that the mother receive help concerning her personal issues, notably her mental health issue; [ 36 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement in the services provided; [ 37 ] ORDERS that the contacts between the youth and the mother be determined by the Director of Youth Protection as for modalities, frequency and degree of supervision; [ 38 ] ENCOURAGES the contacts between the youth and her mother by videoconference, Skype and Facetime, as often as possible according to the interest of the youth; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the mother; [ 40 ] ORDERS the police to collaborate to the execution of the enactment; [ 41 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 42 ] THE WHOLE until April 16, 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 mother Date of hearing: November 21, 2018