2015 QCCQ 11370, 2015 QCCQ 11370

Protection de la jeunesse — 151982 2015 QCCQ 11370 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001682-134 DATE: March 24, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born […], 2008 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother ______________________________________________________________________ JUDGMENT ( sections 75 , 76.1 , 79, 91 and 95 of the Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 Court is seized of a motion under

section 38 of the Youth Protection Act to review the situation of the child X, born […], 2008. THE FACTS [ 2 ] On September 5, 2014, the Court rendered a judgment with the following conclusions: [22] GRANTS this motion; [23] REVIEWS the decision rendered by the Honourable Marc E.

Grimard J. on March 20, 2014; [24] DECLARES that the development and security of the child X, born […], 2008, are still in danger; [25] ORDERS the placement of the child in a foster family for a period of three (3) months; [26] RECOMMENDS the same specialized foster family; [27] ORDERS that the mother receive psychiatric follow-up and take her medication as prescribed by the psychiatrist; [28] ORDERS that mother take steps to be admitted to a treatment program at [Center A], with her child if recommended by the child psychiatrist; [29] ORDERS that the child receive all the help and social services required by his specific situation and particularly for his speech problems; [30] ORDERS that the child be integrated into the school system in order to receive services for his education; [31] ORDERS that contact between the child and his mother be overseen by the Director of Youth Protection in terms of frequency and modalities.

Concerning the need for a third party to supervise contact, the situation will be assessed according to the child’s behaviour; [32] ORDERS that the child have contact with his mother at least once a month; [33] ORDERS that contact between the child and extended family, including grandparents, be encouraged; [34] ORDERS that the mother cooperate with the Director of Youth Protection and authorize the transmission of information between the professionals involved in her situation and the Director of Youth Protection;

[35] ENTRUSTS the situation of the child X to the [Center B]. [ 3 ] At the time of the last decision of the Court, the child was displaying serious behavioural disturbances; [ 4 ] Since his placement in a specialized foster home, he has been responding very well to consistency and stable routine. [ 5 ] On September 23, 2014, the child was assessed by the […] Mental Health Emergency team of the [Hospital A], which provided the following opinion: Clinical impressions : This almost 6 years old boy has a history of early neglectful care-giving and exposure to physical violence.

He has developmental delays in motor development and speech and language. Exposure to several languages has been present. At present he displays the developmental delays as well as attention problems. Some oppositional behaviours have been observed. In his present environment the disruptive behaviours have not been prominent. The contribution of prenatal exposure to alcohol or other substances is not clear.

DSM 5 Diagnosis Other specified Attention deficit Hyperactivity Disorder – with insufficient time frame (6 months) in stable environment Language Disorder Developmental Coordination Disorder Oppositional behaviours – insufficient to meet criteria for disorder Post-traumatic symptoms – insufficient information at present to meet criteria for disorder History of early neglect but clinical picture not reaching criteria for Reactive Attachment Disorder based on this assessment Parent-child relational problem [ sic ] [ 6 ] The recommendations of the Mental Health Emergency team are the following: Recommendations/Plan: 1.

Behavioural interventions for child with attentional problems is recommended. For example, educators should allow for short breaks between tasks, positive reinforcement for success (see additional information attached). 2. Follow-up with recommendations contained in reports of Speech and language pathologist and of the Occupational Therapist (assessed at […] Developmental Progress Clinic). Disruptive behaviours are most frequently associated with language disorders as the child cannot verbalize his needs or interact socially using language at expected levels for his age.

There are often aggressive or other disruptive behaviours as a consequence. Care givers and teachers need to be aware of this limitation and make appropriate interventions. 3. Regarding delays in fine motor skills, X will find frustrating some of the tasks expected for his age. Therefore, any program should be individualized for his developmental needs in order to reduce frustration and ensure success. Again frustration in these areas may lead to oppositional and aggressive behaviour, or temper tantrums. 4.

X should be benefit from a stable structured environment with specialized interventions, e.g., with present foster home. Continued contact with his mother should be maintained depending on her availability. Visits should be used as an opportunity to encourage parent- child interaction. In the future issues related to past exposure to violence will need to be addressed with X and his mother, again dependant on mother’s emotional and physical availability.

Any change of placement should take into consideration the need for stability and structure with freedom from exposure to further violent behaviours as well as expertise available for behavioural strategies. 5. X should be enrolled in kindergarten. His school principal should be made aware of his specific needs and planning for his class placements and need for individual intervention in the classroom.

In particular, results of OT and Speech assessments and items 1, 2 and 3 above should be shared. ( Emphasis added ) [ sic ] ANALYSIS [ 7 ] The results of the psychiatric assessment revealed that the child is diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). The psychiatrist is of the opinion that the child does not need medication. He needs a stable, structured environment free from exposure to further violent behaviours. [ 8 ] Currently, the specialized foster home of B meets his needs very well.

The child behaves very well and his behaviour has improved a lot since the beginning of his placement. [ 9 ] The mother is still sober and continues to take

part in her medical and counselling follow-up. [ 10 ] She lives at her parents’ house, an environment where violence is present. It is not possible to organize visits for her son there without risk of exposure to violent behaviours. [ 11 ] The mother and her parents are preoccupied by the possibility that the child will lose his […] language. He attends a French school and the foster mother speaks French.

[ 12 ] The Court believes that it is important for the child to maintain his Native language. Regular contact with the mother and the extended family is important to avoid the loss of his language and […] culture. [ 13 ] The Court recommends that visits be organized with the foster home in City A to permit more regular visits for the child and his family. [ 14 ] All the recommendations contained in the psychiatrist's report must be followed and caregivers and teachers must be made aware of them so that they can make appropriate interventions.

FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the child X, born on […], 2008, are still in danger; [ 17 ] ORDERS that the child be placed in the specialized foster home of B for a period of 12 months, with possible reintegration into his mother's home, if the situation allows; [ 18 ] ORDERS that the child, the mother and the maternal grandparents receive aid, counselling and assistance for a period of 18 months; [ 19 ] ORDERS that contact between the child, the mother and the extended family be supervised by the Director of Youth Protection as to frequency and terms and the necessity of having a third party present; [ 20 ] RECOMMENDS that contact be organized in a […] environment, if the situation allows; [ 21 ] ORDERS that contact between the mother and the child take place at least once a month; [ 22 ] ORDERS that the mother and the maternal grandparents be provided with workshops concerning parental skills, including information concerning the needs of a child diagnosed with ADHD; [ 23 ] RECOMMENDS that the foster mother be involved in the information sessions concerning the needs of the child, to share it with the mother, if possible; [ 24 ] RECOMMENDS that X participate in activities in order to prevent him losing his […] language; [ 25 ] ORDERS the mother to actively participate in the measures ordered by the Court; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of this order. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Joanie Jacob Counsel for the child Mtre. Suzanne Arpin Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the mother Date of hearing: January 30, 2015