2012 QCCQ 17271, 2012 QCCQ 17271

Protection de la jeunesse — 126777 2012 QCCQ 17271 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] CITY OF [...] « Youth Division »

N o : 640-41-001103-081 DATE: May 31, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 1996 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A., working in City A (Quebec), district A; Petitioner -and- A , residing and domiciled in City B (Quebec), district A; Mother -and- B , residing and domiciled in City B (Quebec), district A; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on May 31, 2011 by Justice Josée Bélanger in which the Court entrusted X to a reception center for a period of twelve (12) months. [ 2 ] Today, the Director requests that X be entrusted to a reception center for an additional period of six (6) months. [ 3 ] At the hearing, X and her mother are present accompanied by [social worker 2], a social worker that has developed a good relationship with the family over the years.

The father is absent because of his work but is represented by attorney. [ 4 ] X and her parents would like X to come back home. Update of the situation since May 31, 2011 [ 5 ] After the Court hearing, X is transferred to the A group home, awaiting a place at A Reception Center.

Because of X’s aggressive behaviors towards the staff in the A group home, she is sent to the B Reception Center from June 25 until July 11, 2011. [ 6 ] From there, X integrates the A Reception Center where she still lives. [ 7 ] In A center X starts seeing a psychologist on a weekly basis and is also given the opportunity to participate in Art Therapy sessions. [ 8 ] During her stay in A center, X remains oppositional and engages in self-mutilating behavior. She punches and kicks the staff members or hits the walls. She engages in scratching and biting herself.

X is often placed in isolation area for half an hour to two hours

depending on the severity of her actions. [ 9 ] When X is out of control, she is sent to the B Center, a closed unit for adolescents in "intensive supervision ". Even there, X kicks staff and scratches herself or threatens to commit suicide. [ 10 ] Because of her regular suicidal ideation, a staff member is specifically assigned to her until the staff member feels that suicidal ideas no longer pose a threat. [ 11 ] X is often in pre-crisis or full crisis mode.

She is regularly sent to the A Hospital's emergency. [ 12 ] The peak of X's difficulties came in January and February 2012. [ 13 ] Besides being more aggressive and self-mutilating, X started hearing voices. [ 14 ] Dr. Joyce Canfield, psychiatrist of the A Hospital states that sometimes hearing voices is a result of a patient having been exposed to abuse in their childhood and not necessarily a symptom of psychosis though this diagnosis is not excluded.

X's mental health situation will need to be closely monitored. [ 15 ] Since mid February 2012, X says she no longer hears any voices. [ 16 ] X is medicated with Risperdal . When X started hearing voices, the psychiatrist decided to give her a higher dose. When X is taking her medication, things get better. At times, however, X does not want to take her medication, which has an important impact on her behavior. At the hearing, X says she is taking her medication on a regular basis. [ 17 ] Besides being medicated, X benefits from the ATherapy.

This allows her to express her emotions through art, which is a relief for her.

X is showing more abilities for insight now. [ 18 ] X is a fragile adolescent and remains in a general state of irritability. [ 19 ] Professionals that are helping X say that wherever X is going to be placed, at home, in a reception center or in a foster family, she will continue to present challenging, high risk and unsafe behaviors. [ 20 ] Such behaviors will require adults, her parents, the foster home or some educators, that will be able to control her when required. [ 21 ] At the hearing, the social worker, Mrs. [social worker 1] testifies that her plan with X, however challenging the situation may be, is still to try to reintegrate X with her parents. [ 22 ] The parents have made remarkable progress, she says.

They collaborate very well with the social services. The father is working. The mother has been taking cooking lessons. [ 23 ] These are all gains for the family that the social worker wants to build on. [ 24 ] Another good news is that X went to visit her parents four (4) times during the last year and all the visits went well. [ 25 ] In April, 2012, X visited her parents for four (4) weeks and the situation did not require any intervention from the parents. [ 26 ] The mother says she is impressed with X's progress. Her daughter has changed, she says. Her behavior has improved.

«She even helps me now in the house and when I tell her something, she listens», she adds. [ 27 ] The mother knows that X takes her medication but she does not clearly know when she has to take it. [ 28 ] As for X, she says she is tired to be in A center. She wants to live with her family. [ 29 ] The social worker testifies that she is not against the idea of X going back home.

But before proceeding to her reintegration, she lists a few things X should work on in the next coming weeks: 1) No suicidal thoughts or self-mutilation; 2) No acting out that leads her to "intensive supervision"; 3) Take her medication on a regular basis; 4) Continue to benefit from a therapy to help her express her emotions at the right time and in a proper way. [ 30 ] If X is able to maintain these four requirements for some time, X will be able to go in her family more often and for longer period and practice her good behavior with her parents. [ 31 ] The social worker is thinking of one-week visits, and if it goes well, two-weeks visits and so on, until the full reintegration of X with her parents in an ideal situation. [ 32 ] The social worker invites the Court not to go to quickly in this delicate mission.

As she says, «If we want this to be a success we have to go step by step.» Applicable measures

[ 33 ] The Court has to decide if it is better to send X home now or proceed to a step-by-step progressive return home. [ 34 ] At the hearing, the Court told X and her mother that X's situation appears very worrying at first sight. Reading about the aggressive behaviors, the self-mutilation and the voices X heard could reasonably lead someone to think a longer placement in a reception center is needed. [ 35 ] But this is not what [social worker 1] is asking the Court. [ 36 ] Mrs. [social worker 1] says that X has made some progress.

X is also capable of having good behaviors when she goes home. [ 37 ] Mrs. [social worker 1] wants to build on these first successful experiences. [ 38 ] However, X's situation remains fragile in some ways. For example, the Court would like to be sure that the voices that X was hearing have definitely disappeared. Also the Court wants to see X being fully responsible in taking her medication, as her mother counts on her to do so. This is very important because this medication is helping X to remain more calm.

She will need that when she will be home if she wants her return to be a real success. [ 39 ] And when things are not going exactly the way X would want to, X must choose to talk about it, not harm herself. Self- mutilation should no longer be a way to express her emotions. X is invited to talk to her therapist if she feels sad or in distress. [ 40 ] The Court is confident that X can now face these remaining challenges. [ 41 ] There is hope, more hope than the Court thought at first. [ 42 ] The Court was impressed with X's attitude at the hearing. X remained calm and was capable of expressing her point of view.

That, in itself, is a remarkable progress. [ 43 ] If the situation continues to progress well, the Court thinks X will be able to go home. [ 44 ] Meanwhile, the Court feels that the step-by-step approach as a better chance of succeeding for two main reasons. [ 45 ] First, it will allow X to continue and maintain her progress. [ 46 ] Secondly, it will allow the parents to continue to enjoy the good moments with their daughter when she visits them.

But more importantly, it will allow them to take the time to learn how to face unavoidable crisis that will necessarily have to be dealt with according to the evidence. [ 47 ] This plan, the Court feels, is in X's best interest.

THEREFORE, THE COURT: GRANTS the present petition; REVISES the decision rendered on May 31, 2011 by Justice Josée Bélanger; DECLARES that the security and the development of X are still in danger; ENTRUSTS X to a reception center for a period of six (6) months ; ORDERS that the frequency and the conditions surrounding contacts between X and her family be determined and supervised by the Director of Youth Protection; ORDERS the parents to continue to attend sessions of Social Services; ORDERS that a person working for an institution or body provides aid, counsel and assistance to X and her parents for a period of six (6) months ; RECOMMENDS that the Director of Youth Protection ensure that someone translate and explain this decision to X and her family; ENTRUSTS the situation of X to the D.Y.P.

A., for the execution of this order; ORDERS that the police collaborate in the execution of this order. _________________________________ LISE GAGNON, J.Q.C. M e Gabriel Gaudreault Attorney for the D.Y.P. M e Jean-Francis Bonnette Attorney for the young

M e Sarah Plamondon Attorney for the mother M e Angèle Tommasel Attorney for the father Date of hearing: May 23, 2012