2020 QCCQ 9570, 2020 QCCQ 9570

Protection de la jeunesse — 206959 2020 QCCQ 9570 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N o : 505-41-010140-202 DATE : November 30, 2020 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [Social Worker 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2006 Child -and- A Mother ______________________________________________________________________ JUDGMEN T

Section 38 of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Protection. [ 2 ] The Director alleges that the security and development of the child are in danger because of her serious behavioural disturbance. [ 3 ] The Director recommends that the child be entrusted to her aunt B and that the contacts between the child and her mother be following an agreement between the parties until June 30, 2021. [ 4 ] The mother is absent as she is due to give birth this week. [ 5 ] The child agrees with the recommendations. [ 6 ] The aunt is present in the court room.

CONTEXT [ 7 ] On July 27, 2020, the Director retained a report regarding the child. On the same date, the child was entrusted to a rehabilitation center on a provisional measure. Two days later, she was entrusted to her aunt. [ 8 ] On August 10, 2020, the aunt informed the Director that she could no longer take care of the child considering she does not respect her authority. The child returned to her mother’s home but the situation went on deteriorating. Namely, she has been lying on her whereabouts, she has been disrespectful and the overwhelmed mother experienced panic attacks.

The mother also disclosed that she has been providing marijuana for the child and her brother. [ 9 ] On September 23, 2020, the child was entrusted to her aunt on a provisional measure. [ 10 ] Since that date, the situation is positive. The child respects the rules and follows a routine. The aunt has found a new school for the child in the [Area A].

[ 11 ] For now, the child attends the High school in City A in grade 7 for a second time. Since the beginning of the school year, she had been suspended 5 times due to suspicious of substance use, possession of illicit substances, leaving the school property and being rude to teachers/administration. The child denies these allegations and feels as though the staff are blaming her based on her reputation from the previous year. The child will attend an alternative school called Horizons. [ 12 ] On July 29, 2020, the child was referred to an Addictions Response Worker.

The child was able to complete the assessment, however, there is still a lack of commitment to the services. [ 13 ] A psychological assessment of the child was carried out. Although her profile indicates behaviours associated with ADHD- Combined Presentation, the inattention is more pronounced than the hyperactivity and impulsivity. This is consistent with the diagnosis of ADHD in 2019.

There is evidence of oppositional and defiant behaviours as well as behaviours associated with Conduct Disorder; however, these behaviours are likely secondary to the ADHD diagnosis. [ 14 ] Recommendations have been made in the psychological evaluation to help the child to achieve academic success. [ 15 ] The child sees her mother three times a week. The visits continue to go well. [ 16 ] The mother and the aunt collaborate together so that they could be on the same page in order to support the child.

ANALYSIS [ 17 ] Serious behavioural disturbance refers to a situation in which a child behaves in such a way as to repeatedly or seriously undermine the child’s or other physical or psychological integrity, and the child’s parents fail to take the necessary steps to put an end to the situation. [ 18 ] The child can be defiant and disrespectful towards authority figures but since the last two months her behaviours have improved with the support of everyone around her. [ 19 ] The aunt is a significant person for the child. She meets all her needs. [ 20 ] Mother and child have come a long way in their relationship.

However, there is still work to be done before they can live together. The worker suggests that the child eventually engages on a therapy with her mother and brother, as there are a lot of unresolved feelings among them. [ 21 ] Both mother and aunt need to learn how to appropriately and consistently engage, support and discipline the child without splitting.

FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the present application; [ 23 ] DECLARES that the security and the development of the child are in danger for serious behavioural disturbance; [ 24 ] ORDERS that the child be entrusted to her aunt B; [ 25 ] ORDERS that the contacts between the child and her mother be following agreement between the parties; [ 26 ] ORDERS that the child and her mother take an active

part in the application of the measures ordered; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 28 ] ORDERS that the child and the mother report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 29 ] RECOMMENDS that the child continue to meet with her ARS worker and with her psychotherapist and follow recommendations; [ 30 ] RECOMMENDS that the child and Ms.

B follow recommendations from the psychoeducational assessment completed by [Social Worker 2] including a referral to the ADHD clinic at the A Hospital; [ 31 ] RECOMMENDS that the child participate with her mother and brother in family therapy when the timing is right; [ 32 ] RECOMMENDS that the Director of Youth Protection or the Fondation du Centre Jeunesse A financially help the child for her transportation to her new school in [Area A]; [ 33 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 34 ] THE WHOLE until June 30, 2021. __________________________________ Lyne Morin , J.C.Q.

Marie-Christine Tropper Attorney for the Director of Youth Protection Me Rosalie Duval Attorney for the child Date of hearing : Signed judgment : November 30, 2020 December 4, 2020