2017 QCCQ 17312, 2017 QCCQ 17312

Protection de la jeunesse — 177710 2017 QCCQ 17312 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000403-097 DATE: July 25, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MR [SOCIAL WORKER 1] exercising his profession at the Centre intégré de de santé et de services sociaux A, having a place of business at [...] in City A, district A, [...] Applicant -and- X, residing at [...] in City B, district A, [...] Adolescent -and- MRS A, domiciled and residing at [...] in City B, district A, [...] Mother ______________________________________________________________________ JUDGMENT (Sec. 95 (1 & 2) and 75 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits a motion for the review and extension of a decision rendered on July 4, 2016, in which the adolescent was entrusted to her grandmother C for a 12-month period. [ 2 ] At the hearing, the adolescent is present and represented by counsel.

The mother is also present, but not represented. [ 3 ] All parties agree that the security and development of the adolescent are still endangered. [ 4 ] Since March 2017, the adolescent’s behaviour in school has been deteriorating. She has not been respecting authority, and was expelled twice for assault and unjustified absences.

After her second suicide attempt in May 2017, immediate protective measures were taken and she was entrusted to a rehabilitation center. [ 5 ] The Director is recommending an additional four months at the rehabilitation center with reintegration with the grandmother, while the adolescent wishes to go back to her grandmother’s house right away. Considering the present circumstances, the mother agrees that the additional period at the center would be appropriate before going back to her grandmother’s. [ 6 ] Since the placement at the rehabilitation center, the adolescent has not been doing well.

Her mental health is quite worrisome at the moment. [ 7 ] In addition to her diagnosis of depression and her two suicide attempts, the youth has episodes where she hears voices and has some hallucinations. The voices tell her negative things that seem threatening to her and her loved ones. For example, they tell her that her hands or wrists are bleeding. At the beginning of her stay at the center, these episodes occurred on a daily basis. They are now more episodic. [ 8 ] She is followed by a pediatrician, Dr. Perreault, and has a follow-up with Joyce Chagnon, psychologist. A child psychiatrist, Dr.

Lamontagne, is also involved in her situation and is presently trying to adjust her medication. [ 9 ] The adolescent needs to be stabilized and safe. As mentioned by the psychiatrist, she has symptoms of depression and psychosis episodes that are not to be taken lightly. Even though she did not have recent episodes, her suicidal ideations, and self-harm episodes are also a source for concern. She needs support, attention and structure. [ 10 ] In regards to her behavior, the youth is also facing certain difficulties. When she arrived at the center, she was defiant and opposing, refusing to follow certain rules.

She eventually adjusted and she now follows the group routine. [ 11 ] While on an outing at her grandfather’s, she left the house and committed a theft at a town store. She was arrested by the police

while fleeing the scene and gave them a false identity. The adolescent has no recollection of the event. She explains such occurrences as losses of consciousness where she has no control over herself. She also felt this way during her last suicide attempt. [ 12 ] The relationship between X and her mother is fragile and complicated. The adolescent has been followed under the Youth Protection Act for many years and has gone through a lot of instability, living at times with her mother, her grandmother, different foster families and at the Rouyn-Noranda and Val-d’Or rehabilitation centers.

Their relationship is being undermined by the adolescent’s frustrations and her major trust issues towards her mother. [ 13 ] The mother agrees that her daughter should eventually live with her grandmother. She has great confidence in the latter’s capability to take care and protect X, and acknowledges the strong bond between them. [ 14 ] In early 2017, the grandmother struggled with her own personal issues with addiction. She had settled this matter in 2000 and was completely sober until 2007. She then occasionally started to drink again, but recently increased her consumption.

On June 5, 2017, she undertook a five-week treatment program at the Wanaki Center, which she completed successfully on July 7, 2017, three days before this hearing. [ 15 ] The grandmother says that she feels strong and ready to take on the task of raising and protecting her granddaughter. She has attended many workshops at the center (parenting, anger management, cultural identity, and positive ways to communicate) and dealt with many issues.

She wants to pass on the Anishinabe cultural identity and her heritage to her granddaughter and help her be proud of who she is. [ 16 ] She does not want X to be idle, to sleep all day and play video games. She is well prepared and has suggested a

schedule for her, which includes a summer school program to ensure that she does not lose the credits accumulated during the last school year. She has contacted the Timiskaming District Secondary School who offers the summer program and has found a place for X to study during the day (Adults Education Class) in Notre-Dame-du-Nord, where a teacher will be available to assist her if needed. [ 17 ] The grandmother has regained balance and strength in all aspects of her life. She just completed her therapy and needs to reintegrate her daily life.

As noted in the Wanaki Center’s final report [1] : “The recovery period after the Wanaki Center program will be something that she will need to be cognizant of on a daily basis. She will need to put high shields around her for the first 90 days of her recovery.” […] [ 18 ] The evidence is preponderant that X should eventually, in a very near future, be entrusted to her grandmother. She is willing and very capable of insuring her the support, the attention and the structure that she needs. [ 19 ] The Court wishes that this reintegration at the grandmother’s dwelling be successful.

A transition period is necessary before X lives there full-time in order for the grandmother to regain her footing, to re-establish her daily life, and to put in place her aftercare plan with the Wanaki Center’s support. [ 20 ] Time is also needed for the professionals to stabilize X’s mental health issues. Her medication was increased a week before the hearing and this seems to have positive effects.

By staying under the center’s supervision for the next three months, this will insure that she can return to her grandmother's place when she understands her condition and is able to control it. [ 21 ] It is important that the external services and follow-ups be put in place before her return.

X needs stability and continuity from these services to make sure her situation doesn’t deteriorate as it did earlier this year. [ 22 ] Steps should be taken so that the summer school work is made available for her at the center in order for her to preserve the credits she accumulated this year and begin school in September without needing to start over. [ 23 ] X is surrounded by people who love her and want to support and protect her.

In order to find peace and balance within her, she must comply with the routine offered by her grandmother, invest herself in the follow-ups offered, and make personal choices (respect the rules, no drugs) in accordance with a healthy way of life. Her grandmother’s support will be paramount for her to achieve this.

FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the motion; [ 25 ] DECLARES that the security and development of the adolescent are still endangered; [ 26 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center chosen by the institution operating a child and youth protection center for a period of three months; [ 27 ] AUTHORIZES the gradual integration of the adolescent with the maternal grandmother, C; [ 28 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the adolescent and her family for a period of 12 months; [ 29 ] ORDERS that the adolescent, her mother and her maternal grandparents take an active

part in the application of all the measures ordered; [ 30 ] STRONGLY RECOMMENDS that all the efforts be made so that the adolescent can participate in the summer school program of the Timiskaming District Secondary School while residing at the rehabilitation center or at her grandmother’s; [ 31 ] ORDERS that the contacts between the adolescent, her siblings and her mother be determined by the Director of Youth Protection as for their frequency and modalities;

[ 32 ] ORDERS that the adolescent receive specific health care and health services such as a pediatrician, a psychologist, a child psychiatrist and/or other professionals required for her condition; [ 33 ] STRONGLY RECOMMENDS that the mother and the adolescent accept the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security and development of the adolescent are in danger; [ 34 ] RECOMMENDS that the police collaborate in the execution of the present order if needed; [ 35 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Jean-François Lacasse Lawyer for the adolescent Date of hearing: July 10, 2017