2023 QCCQ 2560, 2023 QCCQ 2560

Protection de la jeunesse — 23951 2023 QCCQ 2560 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF [...] « Youth division »

N o : 455-41-000932-152 DATE: January 13, 2023 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on […], 2009 [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 ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on August 26, 2021. [ 2 ] By this order, the Tribunal declared the security and development of X is still in danger for the motives of serious risk of negligence, physical neglect and educational neglect. [ 3 ] As protective measures, the Court entrusted the child to an institution operating a rehabilitation center, until an adequate foster family can be found that will properly suit the child’s needs and behaviours and then will be entrusted, after a progressive integration, the child to a foster family, or a kinship foster family. [ 4 ] The Court also authorized parent-child contacts supervised by a third party determined by the Director, upon the modalities and frequency determined by the Director and ordered different other measures including a psychosocial follow-up for a period of one year. [ 5 ] Today, the Director considers that the security and the development of X is still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust the child to an institution operating a rehabilitation center, authorize, following the evolution of the situation, the progressive integration of the child into a foster family and authorize, contacts with her mother, according to the modalities and the frequency set by the Director, including the degree of supervision along with different other measures including a psychosocial follow-up for a period of one year. [ 7 ] At the hearing on January 13, 2023, the mother is present and not represented.

She generally agrees with the recommended measures, but on the condition that the order be for a period of six months and that X be transferred in a foster family as soon as possible.

[ 8 ] The father is absent and not represented. The court proceeds in his absence. [ 9 ] The child’s lawyer mentions that the youth wishes to have more and longer contacts with her mother. She also wants them to take place at her mother’s house and doesn’t understand why they should be supervised. X wants to go to a foster home and no longer wants to stay at the center. [ 10 ] She also suggests that X receive psychiatric or psychological help. Question in litigation [ 11 ] What should be the duration of the present order? [ 12 ] Should mother-child contacts be supervised?

Evolution of the situation [ 13 ] Since the last Court order, X has remained entrusted to a rehabilitation center. [ 14 ] On August 31, 2021, X integrated High School A, which was positive for her, notably because she could see her brother Y more often. [ 15 ] She is very attached to Y and is affected when the boy does not hang out as often with her. [ 16 ] We recall that X has opposition and attachment troubles and a diagnosis for ADHD, for which she is medicated daily. [ 17 ] Since September 16, 2021, X has had weekly meetings with a psychoeducator, who has had a positive impact on her behavior and her ability to recognize and focus on her emotions. [ 18 ] However, X still shows problematic behaviors, such as provocation, opposition and even physical force towards the school’s and the center’s staff and her emotions are unbalanced as well as unpredictable. [ 19 ] During the Christmas holidays from December 22nd to the 26th, 2021, X spent time at a previous foster family’s home and a friend’s house, with consent from the mother. [ 20 ] On December 29th, it was reported by this foster family that the youth had stolen things in their home.

They sat down with her to explain the issues, but X lied about it and did not show remorse for her actions. [ 21 ] X has had contacts with her mother every week.

She would show negative reactions following the contacts, even though the meetings went well, and the youth mentioned wanting more time with her mother. [ 22 ] In fact, her emotions would change very quickly turning from great happiness to sadness and oppositional behaviour in a matter of seconds. [ 23 ] On January 13 th , 2022, a clinical meeting between the various professionals working with X, including a child psychiatrist, was held to address the youth’s emotional lability. [ 24 ] It was suggested that X start receiving responses to any questions she may have about her past, that the visits with the family be re-evaluated and that X continue to develop herself with consistency in a stable life routine. [ 25 ] On January 21, 2022, the delegate informed the mother that contacts were to be reduced to once every two weeks with the objective to alleviate X’s reactions and allow her to focus on her development. [ 26 ] The mother reacted well and suggested herself to cut some phone calls. [ 27 ] On March 14, 2022, after a long period on a waiting list, X integrated an English youth rehabilitation center, which was seen positively by the child. [ 28 ] However, this center is much further away from the mother’s home which made her react as it translated to more expenses for her and that no money was offered by the youth center to pay for her transport. [ 29 ] Nonetheless, the mother continued to present herself assiduously to her visits with X and Y together. [ 30 ] She has continued to come well prepared for the visits with little interventions being made.

The mother divides her attention well between the two children. At times, she has asked for recommendations and/or approvals when giving or offering tools and support to her children. [ 31 ] From July 2022, the mother was accompanied to better answer X’s questions about her past that are recurrent and repetitively the same.

The mother has collaborated well though the social follow up meeting. [ 32 ] The current frequency and modality of mother-child contact are once a month, for three hours, and twice a month for phone calls. [ 33 ] The major challenge tends to be when X throws curve-ball questions at her mother who then tries to give brief adequate responses. Despite the mother’s best efforts, X is often not satisfied with the answers.

[ 34 ] As of today, X continues to use aggressive and child-like behaviour to express herself. It is observed, at the center, that X can be very friendly with new educators or peers, but then becomes aggressive when she gets used to the individual. [ 35 ] In recent months, X has targeted specific educators at the center and has threatened to hurt them. [ 36 ] On one occasion, she tried to stab an educator with a pen.

She continuously verbalizes what she would like to do to harm her teacher or educator [ 37 ] She continues to be sent to the isolation room every week, if not a few times a week. [ 38 ] On November 30th, 2022, X’s persistent, disruptive, aggressive behaviour led her to be placed in an intensive structure unit ( encadrement intensif ), until December 14th, 2022. [ 39 ] The strict structure and rules were beneficial to X; she was able to follow the routine and had a significant decrease in problematic behaviour. [ 40 ] The center reintegrated her into her regular unit following this transfer with a new adjusted plan tailored to X’s specific needs. [ 41 ] The youth still react very strongly to her visits with her mother. [ 42 ] Overall, it is said that there have been no significant changes in X’s behaviour which makes it difficult to plan an integration in a foster home. [ 43 ] Thus, the Director admits to not having been actively looking for one during the last order. [ 44 ] As for the mother’s personal situation, she gave birth to her baby on September 9 th , 2021 [ 45 ] The mother was on a maternity leave and lived with her friend in Town A. [ 46 ] Since September 2022, she has started a new job and has a stable five days a week schedule. [ 47 ] On May 17, 2022, the mother alluded to having a personality disorder, but refused to grant the delegate access to the assessment made by a psychologist. [ 48 ] The father is not present in X’s life and the delegate has never been able to communicate with him.

The measures [ 49 ] The court finds that X’s situation is at a stand still. [ 50 ] The youth’s lawyer suggested that maybe the rehabilitation center is not the right solution for X and that this might be why she does not evolve. [ 51 ] Whatever it is, a new solution must be tried, this taking into account her attachment issue that makes her sabotage the new relationships with the adults who surround her. [ 52 ] The court hands are tied in the sense there is no clear solution on a short term.

But the Director should be actively looking for a foster family, maybe formed by professionals who have worked with youth at risk. [ 53 ] As for the duration of the present order, six months or a year won’t make a difference if we don’t have a resource that answer X’s needs.

So, it is better for the order to be for the full year, hoping that an integration in a foster home will have occurred during this time. [ 54 ] The court will recommend for the Director to actively look for a foster home. [ 55 ] It is also demonstrated that the youth need professional help by a psychologist or a psychiatrist. [ 56 ] As for the supervision of contacts, it is still necessary, considering the youth’s emotional lability and her string reactions following these. [ 57 ] Having read the report and heard the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the child X are still in danger on the grounds of serious risk of neglect, physical neglect and educational neglect; REVISES the Court order rendered on August 26, 2021 in the present file; ENTRUSTS the child to an institution operating a rehabilitation center chosen by the institution operating a child and youth protection

center; RECOMMENDS that the Director actively look for a foster home; AUTHORIZES, following the evolution of the situation, the progressive integration of the child into a foster care family chosen by the institution operating a child and youth protection center; ENTRUSTS the child to a foster care family chosen by the Director upon the completion of the integration; AUTHORIZES, in the child’s favor, contacts with the mother, according to the modalities and the frequency set by the Director of Youth Protection, including the degree of supervision; ORDERS for the child to receive all help and social services requested by her situation including a psychological or psychiatric follow- up as deem necessary by the professionals involve in her situation; ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family for a period of one year; ENTRUST the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Nicolas Bastien Counsel for the DYP M e Claudel Vachon Counsel for the child Date of hearing: January 13, 2023 Deposited exhibits: D-25 to D-28