2019 QCCQ 14843, 2019 QCCQ 14843

Protection de la jeunesse — 1911152 2019 QCCQ 14843 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002202-189 DATE: September 9, 2019 (written judgment rendered on January 6, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2002 [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, district A (Quebec) […] Applicant and A, residing and domiciled at House 2052 in Town A, district A (Quebec) […] Mother ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] The Director of Youth Protection (DYP) asks the Court to extend a decision rendered on August 22, 2018, regarding the adolescent X, born on [...], 2002. At that date the Court declared the security and development endangered [1] and entrusted the adolescent to a rehabilitation centre until August 7, 2019. [ 2 ] The DYP submits that the situation does not allow a return of the youth to his mother and that the placement has to be extended for one year.

Position of the parties [ 3 ] The mother is absent, but represented by Me Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The youth is present and represented by Me Sinnett. He recognizes that his security and development are still endangered and he asks to be entrusted to his grandfather. History of the situation [ 5 ] On August 22, 2018 , the situation of X was submitted to the Court. He was 15 years old. His biological parents were deceased, and he was adopted by his maternal aunt.

It is known that his mother consumed alcohol during her pregnancy. The situation of X was known from the DYP for two years, but got involved only in May 2017, after X assaulted his teacher and was not going to school regularly. Voluntary measures were signed in June 2017, and he was maintained under his mother’s care. In September 2017 and January 2018, he has inappropriate sexual behaviours. Since March 2018, X and his family benefit from the services of an external educator. It was noted that X did not have the intellectual capacity to understand what he did, so he was not accused for his misconduct.

In June after he assaulted one of his siblings, he was entrusted to a rehabilitation centre on voluntary measures. The Court declared that his security and development were endangered and entrusted him to a rehabilitation centre until August 7, 2019. The Court also ordered that an IQ and a FASD evaluations be performed and all recommendations be followed. [ 6 ] On July 22, 2019, and July 26, 2019 , provisional orders were rendered and the placement in a rehabilitation centre was maintained.

Facts [ 7 ] Since the last order, the mother received the services of an external educator and she collaborated very well. [ 8 ] On August 29, 2018, X assaulted another youth at the rehabilitation centre and he needed to be restrained. [ 9 ] In September, X went to visit his family and it went well.

[ 10 ] On October 8, 2019, X met with Dr. Beltempo. The report was not produced, but the DYP worker wrote in his report: In his report, Dr. Beltempo stated “that X has an intellectual disability requiring a host of special education interventions and rehabilitative methods to address memory problems and processing speed”.

In addition, the Psychological Assessment Report stated: “X has already received the services of an external educator and an Individualized Plan of Learning (IPL) for several years however, these rehabilitative measures have not worked out so he would require more intensive interventions from a specialized school setting”. Furthermore, Dr. Beltempo assessed that X meets the criteria for a diagnostic of Attention Deficit/Hyperactivity Disorder. His intelligence potential is in the extremely low range consistent with a learning disability profile.

X showed difficulties specifically with memory, processing, language, abstract reasoning and attentional difficulties that are far below the range of intellectual normalcy. In conclusion, Dr.

Beltempo mentioned that X would be recommended for specific remedial re-education and programming and reported that a neuropsychological and pediatric assessment focusing on Fetal alcohol syndrome disorder was needed. [ 11 ] After many serious events of aggressive behaviours, X was entrusted to A unit, a highly structured unit, from January 8 to January 21. [ 12 ] Regarding X’s request to be fostered by his grandfather, the DYP worker explains that according to her, for now, X is not ready to integrate a family environment as he still requires rehabilitation service. [ 13 ] For now, he works on his behaviour and his schooling.

He made a lot of improvement, but he also knows that his home visits are conditional to his good behaviour, so he complies well when he wants to have privileges. [ 14 ] The DYP worker has concerns regarding X’s ability to understand what is right and what is wrong. For example, X knows that the society considers the sexual assault as wrong, but he does not know why. [ 15 ] Also, she testifies that during the last visit, one week before the hearing, X printed pornographic photos and shared it with the other youths in the unit.

Two visits before he sent a photo of his penis to an adolescent girl followed by the DYP. [ 16 ] As requested by the Court, an IQ evaluation was performed and the report concluded that X’s IQ was at an extremely low range which requires specialized services for intellectual deficiency. [ 17 ] Doing so, on May 22, 2019, a request was sent to the CROM [2] , but the DYP is still waiting for an answer. The DYP worker was on vacation for six weeks and made a follow-up in August.

She testifies that if she did not receive news this week she will call back next week. [ 18 ] Before working for the DYP, the DYP representative worked ten years in intellectual deficiency. She is well aware that external services exist as community organizations, but nothing else despite the CROM exists as internal services. In the North, there are no services for people with intellectual deficiency. [ 19 ] Regarding the FASD evaluation, the DYP worker started making requests by the middle of August. She made phone calls and sent e-mails to private neuropsychologists and she is still waiting for answers.

On August 23, she sends an e-mail to Dr. Nadeau to ask if it would be quicker if the request comes from her than from the DYP worker. She is still waiting for news from Dr. Nadeau.

She testifies that she made an online application the morning of the hearing. [ 20 ] She justifies her application for a private neuropsychologist because the DYP as no proof that the mother consumed during the pregnancy and it would be a condition to be able to have an evaluation from a doctor in a public institution as it was explained to her during the research she made from January to May 2019. [ 21 ] According to the DYP worker, if X would entrust a family environment it would be important that the foster parents would be ready to impose a high level of structure and a very close supervision 24 hours a day.

X is a very strong boy and when he made a crisis, he can’t be restrained by only one person and sometimes, two people are not enough. [ 22 ] It is known that X respect his grandfather a lot, but despite the fact that a shadow is needed during the day when he comes for visits and during the night the grandfather is informed that no other children should be there, these rules are not always respected. [ 23 ] Considering that X is 16 and a half years old, the DYP worker would like to prepare him for his adult life.

She is scared that with the difficulty she has to find the appropriate services, it could be already too late. If the DYP would have been involved earlier, she thinks that it would have been easier. Analysis [ 24 ] X would like to live with his grandfather and to be in a family environment. Considering his childhood, the Court understands very well his request and his needs. [ 25 ] That being said, it is obvious that for now, X is not ready and he needs specialized services.

Entrusting him now at his grandfather’s place or in another foster family would put him and the other at risk. [ 26 ] Regarding the specialized services X needs, the Court is concerned by the facts that a psychological evaluation was done and recommendations were set out, but despite the facts that he is entrusted to a rehabilitation centre he did not receive the appropriate services.

The DYP worker is scared that it is already too late because of his age, and doing so, it is difficult to understand that it took so long to make request to obtain those services. [ 27 ] The Court can’t explain that the request to the CROM was made in May and no more follow-up was done before mid-August. The 6-week vacation can’t justify this delay. The services have to be rendered urgently and with constancy.

[ 28 ] It is known that those services do not exist in the North, even if the percentage of person suffering from FASD is high. The request has to be done and it is the responsibility of the DYP to make sure that the necessary and ordered services are rendered in a timely manner, the whole in a way to put an end to the situation in which the situation of the youth is in danger. [ 29 ] The Court will order that those services be provided and no more delay will be tolerated.

FOR THOSE REASONS, THE COURT: [ 30 ] GRANTS the application; [ 31 ] DECLARES that the security and development of the adolescent X, born on [...], 2002, are still endangered; [ 32 ] ENTRUSTS the youth to an institution operating a rehabilitation centre, chosen by an institution operating a child and youth protection centre; [ 33 ] ORDERS that the youth and the mother report periodically to the Director of Youth Protection on the measures they apply in their regard to put an end to the situation in which the security and development of the youth are in danger; [ 34 ] ORDERS that the youth and the mother take an active

part in the application of any of the measures ordered by the Court; [ 35 ] ORDERS that the youth receive specific health care and services; [ 36 ] ORDERS specifically that the youth receive a FASD and ADHD evaluation within three months and all recommendations be followed; [ 37 ] ORDERS the Director of Youth Protection to continue the steps to entrust the youth to a specialize structure for intellectual deficiency as recommended by Dr.

Beltempo, the whole urgently; [ 38 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth, the mother and the extended family are supervised and facilitated by the Director of Youth Protection; [ 39 ] ORDERS that a person working for an institution or body, provide aid, counselling and assistance to the youth and his family; [ 40 ] RECOMMENDS to the Commission des Droits de la Personne et des Droits de la Jeunesse to do an investigation in this file and INVITES the Commission to make any other recommendations; [ 41 ] ORDERS the clerk of the Court of Quebec, Youth Division, to notify this decision to the Commission des Droits de la Personne et des Droits de la Jeunesse; [ 42 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 43 ] ORDERS the execution of the present judgment by any peace officer; [ 44 ] THE WHOLE until September 9, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Robert-André Adam, attorney for the Director of Youth Protection Me Kelly Ann Sinnet, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: September 9, 2019