CHILD AND FAMILY SERVICES REVIEW BOARD
L.B. v. Youthdale Treatment Centres
REASONS FOR DECISION
Date: October 25, 2012
Citation: 2012 CFSRB 48
Indexed as: L.B. v. Youthdale Treatment Centres (CFSA s.124)
INTRODUCTION
1This is an application by L.B. (the “Child”) born October [ ], 1997 for a review of his Secure Treatment Program at the Youthdale Treatment Centre (“Youthdale”), pursuant to section 124(9) of the Child and Family Services Act (the “Act”). The application is dated October 10, 2012 and relates to the Child’s admission to Youthdale on October [ ], 2012. The hearing was held on October 12, 2012.
2The Board must decide, on a balance of probabilities, whether each of the criteria set out in subsection 124(2) of the Act was met at the time of admission. The Respondent’s position was that all five criteria had been met and that the application should therefore be denied. The Child’s position was that all five criteria had not been met and that he should be released.
3Pursuant to section 124 (13) of the Act, upon review, the Board shall make an order releasing the Child from the secure treatment program unless the Board is satisfied that the Child meets the criteria for emergency admission set out in clauses 124 (2) (a) to (e).
4For the reasons that follow the Board finds that the Child met all the criteria as set out in clauses 124(2) (a) to (e).
BACKGROUND
5The Child was placed in the care of his great-grandmother when he was 4 months old by his mother. He was raised by his great-grandparents until 2008 when his great-grandfather passed away. The Child has been in and out of care for the past 4 years. He is currently in the care of the [ ] (the “Society”) under an interim Care and Custody Agreement. The Society is seeking Crown Wardship.
6The Child resided at the [ ](the “Residence”) from October 2011 to April 2012 and completed the program with success. He went to live with his mother on a supervision order and in May of 2012 the placement broke down with the mother being unable to care for him. The Child was apprehended and went through a series of placements in foster homes, 4 primary homes and two or three auxiliary homes, all of which broke down. He was then placed at the Residence in September on an emergency basis until he was transferred to Youthdale.
ANALYSIS
7The criteria that the Board must apply in secure treatment reviews are set out in the following legislative provision:
124 (2) The administrator may admit a child to the secure treatment program on an application under subsection (1) for a period not to exceed thirty days where the administrator believes on reasonable grounds that,
(a) the child has a mental disorder;
(b) the child has, as a result of the mental disorder caused, attempted to cause or by words or conduct made a substantial threat to cause serious bodily harm to himself, herself or another person;
(c) the secure treatment program would be effective to prevent the child from causing or attempting to cause serious bodily harm to himself, herself or another person;
(d) treatment appropriate for the child’s mental disorder is available at the place of secure treatment to which the application relates; and
(e) no less restrictive method of providing treatment appropriate for the child’s mental disorder is appropriate in the circumstances.
8Each of the above criteria must be met at the time of admission to confirm the Child’s placement at Youthdale.
Criterion (a) the Child has a mental disorder.
9The Board was satisfied that at the time of admission, the Child had a mental disorder within the meaning of the Act.
10[ ], the Children’s Service Worker (“CSW”) testified to the behaviours of the Child that led to his admission at Youthdale. The Child came back into the Society’s care following the breakdown of his stay with his mother in May of 2012. He was then placed in a number of foster homes which all broke down due to the Child’s behaviour. In the “A” home, the Child was rude, made the foster mom uncomfortable, often absent without leave (AWOL) from school and caused too much distraction in the home. He was asked to leave. Prior to this he was placed in the “B” home with very patient, experienced foster parents. This placement also broke down when the Child threatened to stab one of the teenagers living there. The foster mother asked that he be removed after the Child went AWOL and tested the foster mother until there was a big “blow up” in home. He was placed in 4 primary homes and 2 or 3 auxiliary homes from May to September of 2012.
11The Child attended school regularly when at the Residence in a section 23 classroom from October 2011 to April 2012, but since September he was enrolled in grade 9 and not attending regularly. He only went to one or two classes a day and was truant even when the CSW drove him to school. The Child associated with much older peers from the community who engaged in substance abuse and criminal activities. He openly admitted to chronic marijuana use and takes it daily when he can get it. He uses speed at times. He uses alcohol and has posted pictures of himself on [a website] in an intoxicated state with bottles of alcohol. A few weeks prior to his admission, the Child threatened to blow up the house of the CSW.
12The CSW stated that the Child was extremely impulsive and had an inability to think things through to the consequences of his actions. The Child said that he sees consequences but within minutes it seems like they did not have that conversation. In the community he said what came into his head, resulting in threats to others and threats to harm himself. The Child’s behaviour has decompensated with an increase in his explosive anger. According to the CSW, the Child’s ability to make decisions is minimal with the Child just reacting to situations. The Child carries a baseball bat, has a BB gun, wears folded up scissors around his neck and has a utility knife in his pocket.
13[ ], the Family Service Worker, (“FSW”) testified to the threatening behaviours of the Child. The Child has threatened to punch the FSW in the face, to “kick his ass and blow up his house”. The Child has told a colleague that he would beat the FSW when he returned to the room. When the FSW was taking him to a foster home, the Child said that he would kill him for taking him so far away. The FSW has heard the Child threaten to assault staff members at the Residence and beat up another youth. He has witnessed the Child carrying a pocket knife from his great-grandfather. The Child has made threats to harm himself. He has said that he would go into the woods and starve himself, that he would kill himself and “just end it” and he made similar remarks when the FSW was taking him to the hospital. The Child harmed himself when he used an eraser and made eraser burns on his hand. Staff had to put gauze on the burn. The FSW was concerned that these behaviours have increased along with acts of aggression and AWOLs. The Child acts with no care for himself. The FSW believed that the Child was putting himself at risk by associating with older people with a lengthy criminal history.
14The Child was placed at the Residence on September [ ], 2012 in a crisis bed and remained there until October [ ], 20