2015 QCCQ 19445, 2015 QCCQ 19445

Protection de la jeunesse — 154672 2015 QCCQ 19445 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-025174-111 Date: December 3, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2000 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother (deceased) -and- B , the father The parents JUDGMENT

Section 95- 95.1 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 December 3, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the undersigned, on January 21, 2013, whereby the now fourteen year-old adolescent, X , was entrusted to a foster family with aid, counsel and assistance, until he reaches the age of majority, on [...], 2018. [ 3 ] The facts alleged in support of the Motion for revision dated October 9, 2015, are as follows: 3.1. the adolescent has serious behavioural disturbances and objects to steps taken by the parents to put an end to the situation, more particularly but not restrictively in that:

a) The adolescent remained in the care of the foster family of Ms. C and Mr. D;

b) the mother passed away in August 2015;

c) in October 2015, the foster mother found out that the adolescent stole a survival kit from the cadet sergeant and that the adolescent lied about it when confronted;

d) the adolescent made threats that he would cut his foster brother’s neck;

e) the adolescent bought a pellet gun from a pound shop;

f) on or about October 8, 2015, the adolescent was caught selling the gun to an another student on the school premises;

g) on October 8, 2015, the adolescent was suspended from the school indefinitely;

h) the adolescent and the father have limited contact;

i) at this moment, the foster parents feel unsafe to have the adolescent in their home;

3.2. on October 8 th , 2015, immediate protective measures were invoked and the adolescent was placed at the [Group home A] (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center for a period of three months with a re-integration to foster care as of December 4, 2015, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2018. [ 5 ] The adolescent’s father, who chose to proceed without the assistance of legal counsel, indicated that he had no personal knowledge of the alleged facts.

However, he agreed to the proposed measures and expressed his desire to support the adolescent and to build a relationship with him over time. [ 6 ] The adolescent, assisted by Me Dugré, admitted all the alleged facts and also consented to the proposed measures. [ 7 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Psychological Assessment Report, by Sophia Koukoui, dated November 24, 2015; D-2: Court Report, by [Social Worker 1] and [Social Worker 2], dated November 25, 2015. [ 8 ] In

summary, the alleged facts are admitted and the adolescent should return to his foster home after an especially sad and difficult time: Ms. A was diagnosed with cardio myopathy. It was originally proposed for Ms. A to have a heart transplant. However her health deteriorated very quickly for her to be able to undergo the surgery and she passed away on August 19, 2015. When she was hospitalized and during her stay in palliative care, the foster parents accompanied X to visit her regularly.

She told this worker that she was at peace and was happy that X was in good care and wished X to be maintained in the foster parents’ care. [2] [ 9 ] The adolescent is strongly encouraged to obtain services to help him deal with the loss of his mother, as recommended in his psychological assessment: • X continue therapy with the psychologist he is presently seeing. Given his history, a long-term follow-up is highly recommended. We asked X to tell us what he would design as his treatment plan if he were a DYP worker.

He had relevant ideas, which could be leveraged in a therapeutic context (working on grief, basic life hygiene, social involvement, promotion of responsibility, etc.). Given his age, we recommend that X be actively involved in setting therapeutic goals and how to reach said goals.

We also recommend that thorough clinical work be done aiming specifically at 1) grief and loss of the maternal figure; 2) healing from his traumatic early childhood; 3) targeting his oppositional tendencies and conduct disorder. [3] [ 10 ] Moreover, he is a bright teenager whose trauma and fragility need to be addressed: Firstly, while we clearly understand the motives which led X’s treating clinician to believe that he may be suffering from paranoia or schizophrenia, the results of the present assessment do not substantiate a diagnosis of psychosis1.

Nonetheless, one should not be oblivious to hisunderlying psychopathictendencies. While he asserted having no intention of stealing in the future, there is a convergence of data pointing to a tendency to circumvent or break the law. Over the course of the assessment, we were struck by X’s experience of early psychosocial trauma and its impact on hisintrapsychic world and worldview. X’s history ofpoverty and violence (witnessing his mother being stabbed), multiple losses and separation (from his mother, form his foster mother and his placement in six different elementary schools) are much to bear for a child.

The passing away of his mother constituted another major blow, which compounded to earlier loss and trauma, triggered much psychic disorganization. Indeed, the only occasion when X became confused in terms of time and space was while addressing his mother’s passing away. It was also the only time that he cried during the assessment. To summarize X’s psychological profile, he is a bright teenager, who has known significant psychosocial stress. He suffers from Complex Trauma. In spite of his apparent toughness and narcissistic traits, he feels inherently, but has a difficult time acknowledging his fragility.

X also shows some psychopathic traits, with minimal sadism, which makes a significant difference from a clinical and behavioural standpoint [4] (reproduced with errors and/or omissions). [ 11 ] The adolescent’s father who has been absent from his life now expresses the desire to support his son and to gradually make up for lost time, while respecting his son’s wishes. [ 12 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation center for a period of three months with a re-integration to foster care as of December 4, 2015;

[ 16 ] STRONGLY RECOMMENDS that the adolescent be re-integrated to the foster home of Ms. C and Mr. D TAKING JUDICIAL NOTICE that it is the Director’s intention; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and his father be determined by the Director of Youth Protection, taking into account the adolescent’s needs and wishes; [ 18 ] STRONGLY RECOMMENDS that the adolescent follow the recommendations of his Psychological Assessment by Dr.

Koukoui TAKING JUDICIAL NOTICE of his agreement to do so; [ 19 ] ORDERS that the adolescent be provided with all health care services required by his situation, including continuing follow-up regarding his anxiety and ADHD, as well as psychological counselling, for as long as deemed necessary; [ 20 ] AUTHORIZES the Director of Youth Protection to sign any documents required for the adolescent's medical, educational, recreational and travel needs including his passport; [ 21 ] STRONGLY RECOMMENDS that the adolescent continue Jujitsu and Karate training or be provided with the opportunity to participate in recreational sports or other structured physical activity as recommended in his Psychological assessment: • X continue physical activity, which is beneficial to him at the physiological and social levels, and also to help stabilize his sleep architecture. [5] [ 22 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with service providers working with the adolescent regarding participation and attendance; [ 23 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the adolescent and his family; [ 24 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 26 ] THE WHOLE until he reaches the age of majority, on [...], 2018.

TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Olivia Dugré Attorney for the adolescent TD/vl