2019 QCCQ 15972, 2019 QCCQ 15972

Protection de la jeunesse — 1910378 2019 QCCQ 15972 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001898-151 DATE: April 15, 2019 (written judgment rendered on October 7, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A working in [...] Applicant and A, deceased Mother and B, residing and domiciled at [...] ______________________________________________________________________ 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 revise a decision rendered on November 21, 2018, regarding the adolescent X, born on [...], 2005.

At that date the Court declared the security and development still endangered and entrusted the adolescent to a Group Home with reintegration in a foster family as soon as possible, until April 19, 2019. [ 2 ] The DYP submits that the situation does not allow to return the youth to his father and that he be entrusted to a rehabilitation centre with a possible reintegration in a foster family as soon as the situation allows it, until April 30, 2020. Position of the parties [ 3 ] The father is present and represented by Me St-Amand.

He admits most of the allegations, and he agrees with the recommendations. [ 4 ] X, who is 14 years old, is present and represented by Me Jennis. He ignores most of the allegations, but he agrees with the recommendations if the placement is in Town A. He wishes to be reintegrated in a foster family as soon as possible. History of the situation [ 5 ] On March 19, 2015 , the Court was seized with an emergency hearing and entrusted X and his sister to a foster family. [ 6 ] On May 7, 2015 , the Court heard the application for protection. X was 10 years old. The mother passed away in January 2011.

After the death of the mother, the grandmother took care of him until September 2014, when she also passed away. After X and his sister were moved from one family member to another one, but no one was reliable enough. Finally, they went to live with an aunt, Ms. C, in Town B. The aunt was hesitant about a long-term involvement with the children, but she accepted. The father hopes to have a new house soon and to be able to have the children back with him. The children developed some attachment problem.

The Court declares that the security and development of the child are endangered and entrusted him to a foster family until the end of January 2016. [ 7 ] On December 9, 2015 , the Court revised the decision. After being with a foster family in Town B who decided not to continue, the children were entrusted with Ms. D, an aunt who also gave up. They were entrusted to a cousin for two nights, but it became necessary to separate Y and X. Y was entrusted to a foster family in Town C, and X went back with D. The father could not go to see his son because he is at risk to be assaulted if he goes there.

The father reduced his alcohol consumption, but always accepted consumers in his place. After few behavioural issues, X is doing better. The Court entrusted the child to a foster family until August 17, 2016. [ 8 ] On August 17, 2016 , an emergency hearing was held and the Court maintained the previous measures. [ 9 ] On September 15, 2016 , the Court revised the decision. The evidence showed that X was in a new foster family in Town C

since June 2016. The father continued to improve his parental skills, but still needed help to impose some limits to people who abuse of his insouciance. X needed a lot of structure. His behaviour could be unpredictable, and he had to work on his self-esteem. The Court entrusted X to a foster family until January 27, 2017, with a reintegration with the father as soon as the situation allows it.

The Court also ordered that the services of an external educator be provided, the whole until March 1, 2017. [ 10 ] On January 9, 2017 , the Court was seized with an emergency hearing and entrusted X to a foster family. [ 11 ] On 27 and 28 of February 2017 , the Court was supposed to hear the application for revision, but the Court could not travel and X was nowhere to be found. The Court maintains the previous measures. [ 12 ] On May 11, 2017 , the Court finally heard the application for revision. X was 12 years old. His behaviour deteriorated since the last order.

He consumed alcohol and drugs, he was sniffing gas, he was not going to school, and he often slept at his father’s place without previous authorization. He was not living at his foster family place since February 2017. He ran away for two months before being found and entrusted to his uncle and his aunt, who finally renounced to keep him. They also had alcohol consumption issues.

The Court entrusted X to a foster family until November 20, 2017. [ 13 ] On October 2, 2017 , the Court was seized with an emergency hearing and entrusted X to a rehabilitation centre. [ 14 ] On November 2, 2017 , the application for revision was heard. The evidence showed that the children were living at the uncle and the aunt’s place (E and F), but in July 2017, the couple was so intoxicated that the children had to be removed. On July 24, 2017, when the DYP announced to X that he would entrust a foster family in Town B, the adolescent ran away for a few weeks.

A warrant was issued and he was found on September 27, 2017, and entrusted to a rehabilitation centre. The father helps his son to hide from the DYP services. The father was always the victim of his insouciance and was abused by other people. The Court entrusted X to a rehabilitation centre until November 30, 2018, with a minimal regime of access rights. [ 15 ] On November 21, 2018 , the undersigned was seized with an application for revision. X was still at the Group Home in Town A. He was very confused regarding the place he would like to live.

He liked being in Town A, but no foster families were available there, and in those circumstances, he would prefer to stay at the Group Home. To allow the DYP to find the appropriate foster family, the Court maintained X to the Group Home with integration in a foster family as soon as possible. Facts [ 16 ] Since the last decision, X stayed at the Group Home in Town A. He did very well, but does not speak a lot. He went to school and performs well even if it’s more difficult for him as the teaching is in French. [ 17 ] The home visits in Town C went very well too. [ 18 ] He would like to live in Town A.

The DYP is still looking for a foster family and specifies in the revision report: […] However, we are still looking for the best place for him to stay on a long-term basis. Our objective is to find the most appropriate foster family for him and to support him in his integration. He will need a family that can put a structure and that can be constant with him. We also want to prepare the family to welcome X, and we want to inform them about his needs. [ 19 ] X was evaluated by Dr. Joseph Beltempo, psychologist.

His conclusions are: X was seen in the context of a 2018 request for psychological services, which were court ordered by the Honorable Judge Warolin, J.C.Q. Test data seems to indicate difficulties more with attentional problems and with unresolved grief reactions to the death of his Grandmother who raised him. X understands that his Father cannot take care of him even though Father would like to. The lack of supervision and structure from the Father has led to this placement at the Group Home in Town A, which is about 550 km away from his home village of Town C.

However, X has found positive anchors in the Group Home. His older, 16 year-old sister (

Y) is placed in this Group Home for the past year and a half. Therefore, this is a source of safety and comfort to him, even though they do not get along. X acknowledges that he would like to stay in Town A until adult life (age of majority). He acknowledged that unfortunately he does not get along with his sister, they argue. X has strong feelings of abandonment and grief stemming from the loss of his Grandmother, often feeling alone.

It would be helpful to give him an opportunity or a place to develop a psychological alliance with perhaps a psychologist or counsellor to better cope with loneliness and low self-esteem. I am not convinced that the data shows any kind of attachment disorder, however, one must be concerned with an attentional deficit. X appears to be somewhat active, perhaps overactive and has self-described as having attentional problems. This assessment was limited by time and availability of psychometric tools.

We highly recommend that X be followed-up by a psychologist in Social Services or a social counsellor in order to increase his self- esteem address the grief reactions to his Grandmother’s death. Secondly, he needs to learn healthy strategies to cope with conflict and social skills. We are not yet convinced that he might have ADHD however, we should monitor this over time and perhaps if needed he would be assessed by a neuropsychologist . He has a very creative and imaginative mind. X is a good candidate for psychological intervention and has some degree of insight although he is more action oriented.

Using a skills-building approach with X would go a long way in helping him to seek his place in the future. At the end of the assessment, X was given three wishes. He came up with very unusual and seemingly positive wishes: One was to go to LA to see a RAP singer; secondly to try to hunt a wolf and thirdly, go to outer space. Surely, X has a creative mind and would be an excellent candidate for psychological follow-up using art therapy techniques. He needs to address the deep-seated issues such as abandonment and the impact of growing up in an alcoholic family with chaos and physical abuse.

It might be useful from time to time to include his sister, Y, in the sessions to address the common bonds and experiences of growing up in a very chaotic, neglectful and dysfunctional family system.

[ 20 ] Those recommendations have been explained to X and his father. The request was made to start the personal follow-up as recommended. Analysis [ 21 ] The Court notes that the situation continues to evolve positively. X is doing much better, and a lot of questions regarding his needs have been answered. [ 22 ] The Court wants to insist on the facts that most of the other orders have been respected and X is now better prepared for the next steps. The evidence shows that the energy has been put by the DYP worker to obtain the relevant evaluation and to communicate the result.

Now the energy should be maintained to make sure that all the stakeholders will collaborate properly in the best interest of X.

FOR THOSE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] EXTENDS the decision rendered on November 21, 2018; [ 25 ] DECLARES that the security and the development of the youth X, born on [...], 2005, are still endangered; [ 26 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre, with a possible reintegration in a foster family as soon as the situation allows it; [ 27 ] RECOMMENDS that the adolescent be entrusted in the Group Home of Town A and in a foster family in Town A; [ 28 ] ORDERS that the recommendations set out by Dr.

Beltempo be followed and explained to the youth, the Group Home’s staff and his foster family, if it is relevant to help them to intervene with him; [ 29 ] ORDERS that X benefit from a follow-up with a psychologist in Social Services or a social counsellor to better cope with loneliness and low self-esteem; [ 30 ] ORDERS the Director of Youth Protection to closely monitor the potential symptoms of ADHD and if needed, as requested by Dr. Beltempo, proceed with a neuropsychological assessment; [ 31 ] ORDERS that the adolescent and the father take an active

part in the application of any measures ordered by the Court and cooperate fully with the Director of Youth Protection; [ 32 ] ORDERS that the father report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 33 ] ORDERS that the adolescent attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 34 ] ORDERS that the father remain sober in the presence of the adolescent; [ 35 ] ORDERS that contacts between the adolescent and the father be encouraged and facilitated and the terms and degree of supervision be determined by the Director of Youth Protection; [ 36 ] ORDERS that the contacts between the children occur on a regular basis if they are entrusted to different villages; [ 37 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the adolescent and his family; [ 38 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 39 ] ORDERS the police to collaborate to the execution of the enactment; [ 40 ] THE WHOLE until April 30, 2020. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Caroline Daniel, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the youth Me Félix St-Amand, attorney for the father

Date of hearing: April 15, 2019