2019 QCCQ 16484, 2019 QCCQ 16484

Protection de la jeunesse — 198966 2019 QCCQ 16484 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth division »

N os : 450-41-007335-194 DATE : November 20, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2005 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ RECTIFIED JUDGMENT [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.). introduction [ 1 ] The Director is requesting that the security and development of the youth X be declared in danger for the motive of serious behavioural disorder. [ 2 ] Today, the Director is recommending that the youth be entrusted to a readaptation centre, that her reintegration to her mother’s care be authorized if the situation allows, that the contact with the mother be authorized upon agreement and according to the modalities set with the Director, that the Court orders that she receive specific healthcare and services required by her mental and physical state, as well as a social follow-up until June 30, 2020. [ 3 ] At the hearing held on November 20, 2019, the mother is present and represented by a lawyer.

She disagrees with the Director's recommendations and wants X back into her care right away or as soon as possible. [ 4 ] The father is absent from X’s life and his whereabouts are unknown. The Court proceeds in his absence.

[ 5 ] The youth’s lawyer states that her client has the same position as her mother. Question in litigation [ 6 ] When should X reintegrate her mother’s care? the family context [ 7 ] X is the mother’s 4 th child. She also has 4 younger half-siblings with whom she lives with her mother and the father of the younger children.

Her brother Y (20 years old) also lives with the family. [ 8 ] X has not had contact with her father for over 10 years following sexual and physical abuse from his part on her older siblings. [ 9 ] Up until 5 years ago, the family was living in [Region A]. [ 10 ] When they moved south, X started to have difficulty at school because of the greater level of complexity of the program. [ 11 ] According to her, that is when X’s problems began.

The situation of compromission [ 12 ] Both mother and X recognize that the security and development of the youth is compromised for serious behavioural disturbances. [ 13 ] In fact, X has been exhibiting behavioural difficulties for some time. [ 14 ] She is diagnosed with oppositional disorder and ADHD and has been refusing to take her medication for the last year or so. [ 15 ] She has been psychologically evaluated for her cognitive functioning as being at the low average level of intellectual ability.

Consequently, she is attending a modified program. [ 16 ] X claims being depressed for the last 3 years and had started to auto-mutilate. [ 17 ] At school, she can be aggressive and oppositional. She can hit objects or threaten her peers or other school personnel. Her most common threat is to slice the person’s throat. Then she says she won’t do it, actually. [ 18 ] For example, on one occasion she threatens to slice the bus driver’s throat for which she was suspended from school. [ 19 ] The school psycho educator states that she is often in crisis.

She spends most of the day refusing to do what she is told. [ 20 ] She particularly refuses to attend her gym and math classes. [ 21 ] The mother explains that X reacts strongly to new people in her life.

She states that she changed math teacher last year and that is when she started to oppose attending that course. [ 22 ] Also, the mother explains that X has injured her knee and does not wish to attend gym class as she is not able to perform well. [ 23 ] The school set up a plan to calm her and deal with her anxiety but she does not comply with the plan. [ 24 ] On October 6 th , 2019, after a suspension, the mother had a discussion with X about attending school. [ 25 ] The youth was refusing to return and to attend a meeting on the day after with the assistant director to prepare her return. [ 26 ] The mother stated to her daughter that she had no choice but to attend school and that if she refused, she would be placed in a youth centre, where they would make sure that she did. [ 27 ] On the evening of that day, X tried to commit suicide by hanging.

She was found by her younger brother and sister. [ 28 ] She was then hospitalized in child psychiatry from October 7 th until the 23 rd . [ 29 ] On October 15, 2019, X was granted a leave but was brought back right a few hours later as her older brother was also hospitalized for suicidal ideation. [ 30 ] On October 21 st , when she was home on another leave, X expressed more suicidal ideation. At that moment, she was discussing with her mother about a meeting with the school personnel to occur on the day after.

All this in her younger siblings’ presence. [ 31 ] On October 25, 2019, X was entrusted to a readaptation centre on provisional measures. The evolution of the situation [ 32 ] When X arrived at the centre, she had to stay for a full week at the crisis centre as she was opposing all directives. [ 33 ] The week after, she is still opposing but is starting to integrate the group and participate to some activities.

[ 34 ] She still remains at risk of suicidal attempt, although the level of risk has diminished. [ 35 ] Even if she has not been fully evaluated due to language issues, the centre is able to confirm that X is an anxious youth who expresses her stress and insecurity by oppositional behaviour.

She can be rigid in her thoughts and presents with misperceptions. [ 36 ] She has difficulty dealing and controlling her emotions. [ 37 ] She refuses to collaborate with medical services as she refuses to be evaluated in child psychiatry which pre-empts the centre form providing adequate services to her needs, particularly in terms of prescribed medication. [ 38 ] The mother has kept a close relationship with X as she often calls and is available for visits.

The measures [ 39 ] The Director claims that a reintegration would be premature at this point in time. [ 40 ] The Court agrees with this assessment. [ 41 ] X has only been in a centre for 3 weeks which is not enough to address her behavioural issues. [ 42 ] Furthermore, she has been participating more and more to the activities and claims now feeling secure in her new environment. [ 43 ] The objective is to have her return to school. [ 44 ] She is now being offered a tutor and if all goes well and she collaborates, she could reintegrate her school. [ 45 ] Also, on the mother’s pat, she has been struggling with dealing with her daughter’s behaviours for some time. [ 46 ] Recently, she was not able to foresee the signs of possible suicide attempts, and X is still at risk. [ 47 ] The mother accepts to attend the parenting group A at the pediatric social centre. [ 48 ] The mother has to be well equipped before X goes back home. [ 49 ] Her older brother is also present at the family home and, although he is taking some medication and doing much better, he still presents with some suicidal ideation. [ 50 ] So the mother has a lot on her hands right now and is not sufficiently available to have X home right now. [ 51 ] The conditions for a full reintegration are as follows: - Full collaboration of mother and X; - X to open about her issues and to accept medical services; - Mother to be equipped. [ 52 ] This being said, the objectives remains a reintegration at her mother’s home on a short-term horizon. [ 53 ] In that perspective, her current referral to integrate an English facility may prevent that objective from being met, as the centres available are in Montreal or in the Laurentians. [ 54 ] The mother states that it will not be possible for her to drive so many miles for visits due to her current parental responsibilities. [ 55 ] It could also undo what has been done in the last weeks as X now feels secure in her current settings.

She reacts a lot to change in her life. [ 56 ] The Court suggests that the CIUSSS find another way to provide English services to X without displacing her, as it is supposed to be for such a short period of time. [ 57 ] It would also be important to follow up on the mother’s proposition to have X consult with a doctor whom she knows to assess her need for medication.

FOR ALL THESE MOTIVES THE TRIBUNAL : GRANTS the present application; DECLARES that the security and development of the youth X are in danger regarding serious behavioural disturbance; ORDERS that the youth X be entrusted to a readaptation centre until June 30, 2020; RECOMMENDS that the youth X stay at the readaptation unit at Town A and that the CIUSSS explore with the youth if she wishes to renounce her right to be entrusted to an English facility; ALLOWS the progressive reintegration of the youth into her maternal family environment, according to the evolution of the situation and in X’s best interest;

AUTHORIZES , in the youth’s favour, contact with her mother upon agreement and according to the modalities established with the Director of Youth Protection; ORDERS that the youth and her mother take an active

part in the application of any of the measures to put an end to the situation of compromission, including psychosocial monitoring and the updating of an intervention plan; TAKES JUDICIAL NOTICE of the mother’s intention to receive services from [parenting group A] and from the CSSS, as long as deemed necessary; ORDERS that the youth attend school; ORDERS that the youth receive all the health care and services required by her situation and that she respect the instructions of the caregivers.

ORDERS that a person, working for the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth X and her family until June 30, 2020; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Idil Abdi Counsel for the DYP M e Marco-Pierre Caza Counsel for the children M e Mélissa Robert Counsel for the mother Date of hearing : November 20, 2019 Exhibits deposited : D-1 to D-5