2011 QCCQ 14041, 2011 QCCQ 14041

Protection de la jeunesse — 115112 2011 QCCQ 14041 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth division” N o : 635-41-000426-111 DATE: October 13, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A, C.Y.P.C., working in Town A Applican t -and- X , residing and domiciled in Town B, province of Quebec, district A Youth -and- A , residing and domiciled in Town B, province of Quebec, district A Mother -and- B , residing and domiciled at [...], Town C, district B, province A ______________________________________________________________________ JUDGMENT Sections 38 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The Court is seized of a petition under

Section 38

f) of the Youth Protection Act concerning X, born on […], 1996. The applicant asks the Court to declare the security and the development of the youth has being compromised and recommends that she be entrusted to a rehabilitation center for a period of nine months with different measures of help for a period of one year. [ 2 ] At the hearing, the mother and the youth are present and represented. They admit that the youth’s situation is compromised but they do not agree with the recommendation of placement; the youth would like a shorter period and the mother would like to have her daughter back now.

The father lives in [province A]; he is not present nor represented. By a statement, he informed the Court that he will not be present and that he is aware of the present petition and agrees with the recommendations. [ 3 ] The parents separated in 2005 and the father was the primary caregiver of his daughter. He lives in [province A] and the mother lives in Town B, [...]. While her stay in [province A], the youth was hospitalized on four occasions, mostly for depression and self-mutilation.

The last time was in January 2011; she would have been hospitalized for a period of two months for suicidal thoughts and sleeping disorder. [ 4 ] The father mentioned to the applicant that he could no longer manage his daughter’s behaviour and that she wanted to live with her mother in Town B. He also mentioned that the mother, during her pregnancy, abused drugs and alcohol. [ 5 ] In March 2011, the youth came to live in Town B with her mother and her grandmother. In May, Youth Protection received some information stating that she was mutilating herself.

She had stopped taking her medication; she became hyper and was not able to concentrate. [ 6 ] On June 28, 2011, she was part of a group of six youths who took a cocktail of pills. The next day, they were transferred to Town A to be seen by a doctor and a psychologist to evaluate their suicidal risk. After three days of cares, they returned in their community with a plan of intervention with the CLSC. [ 7 ] On the day of her return, X’s mother called Youth Protection asking for help, stating that she had a trouble teenager who was steeling money from her and was not listening to her.

She added that she did not want her daughter back home because of her behaviour and wanted her to be sent in a group home. After discussion, she accepted trying to work with the CLSC to resolve the situation.

[ 8 ] On July 12, 2011, the youth took a big amount of medication; she was sent to the hospital in Town A. After an evaluation, she was diagnozed PTSD, bipolar disorder not excluded, not currently suicidal but the risk was moderated to high given the youth’s impulsivity, and then referred and transferred to the A Hospital. [ 9 ] Once at the A Hospital, Dr. Gauthier diagnosed “ complex PTSD with dissociative episode and emotional outbursts, substance abuse, substance induced depressive disorder and ADHD on axis I, cluster B traits on axis II, asthma on axis III and untenable home environment on axis IV ”.

He recommended a placement in a rehabilitation center, psychotherapy for her PTSD and psychiatric follow-up while in placement. He prescribed Zyprexa, Seroquel and Prozac. [ 10 ] The mother expresses that her daughter’s behaviours are difficult to manage and that they verbally fight together very often. The mother is struggling with consumption issues, particularly marijuana. She presented herself intoxicated at an appointment with the applicant and while her daughter was hospitalized in Town C, she arrived there intoxicated, requesting to see her daughter. Access was denied to her because of her condition.

She shows a lack of commitment as she did not show up for some appointments with the applicant. When asked what would be her plan to help her daughter if she gets back home, she says that she does not know because she has too many jobs. [ 11 ] X is presently at the unit A in Town C. She has a fragile mental health and needs a safe and structured environment where psychiatric and psychological services are available to help her to stabilize her state. She is progressing well in a program and she benefited of three meetings with the psychologist Wendy Lewis for her PTSD.

The fact that she adjusted that well and did not have self- destructive behaviours since she is placed confirms that she is in an environment that suits her specific and specialized needs. She verbalized that she would rather be in a center with other Inuit youths, which is possible as she is first on the waiting list to be transferred in A center in D town. [ 12 ] Considering X’s past issues in [province A] and in Town B, she cannot be returned to either of the parents. Her father is not ready to receive her and her mother has her own personal issues.

She cannot meet X’s specific needs not more than the services that are currently offered in Town B. [ 13 ] Considering the admissions of the parties, the testimonies and the reports filed, the Court is convinced that the recommendations are in the best interest of the youth and that they respect her rights. FOR THESE MOTIVES, THE COURT: GRANTS the petition; DECLARES that the security and development of X, born on […], 1996, are in danger in accordance with

Section 38

f) of the Youth Protection Act; ENTRUSTS the youth to a rehabilitation center for a period of nine months with progressive reintegration in the most suitable milieu ; ORDERS • that she receive the health services required by her condition; • that a person working for an institution or body provide help, counsel or assistance to the youth and to the youth’s family for a period of one year, • that the youth and her parents take an active

part in the measures ordered; • that the director of Youth Protection supervised the contacts between the youth and her family as for modalities and frequency; ENTRUSTS the youth’s situation to the Director who shall see that the measures are carried out; ORDERS the execution of this enactment by any peace officer, if required. __________________________________ Marc E. Grimard, JQC M e Stéphanie Lachance Counsel of the applicant M e Denis Trottier Counsel of the youth

M e Jacques Stuart Counsel of the mother Date of hearing: September 20, 2011