Public guardian agency asking court for control of troubled teen’s finances

The independent agency that acts for vulnerable B.C. children is going to court in a bid to take over the financial affairs of a teen who was abused in foster care, became the subject of a special report to the provincial legislature, and was awarded a large settlement.

In a petition filed in B.C. Supreme Court, the Public Guardian and Trustee says the teen, who can only identified by the initials C.S., has mental health issues and is incapable of dealing with his finances.

The Aboriginal boy, who turned 19 earlier this year, was first taken from his home in northern B.C. at the age of two and has since been in and out of foster and group homes.

He was the subject of a 2013 report to the legislature by Mary Ellen Turpel-Lafond, the representative for children and youth, that was entitled, Who Protected Him? How B.C.’s Child Welfare System Failed One of Its Most Vulnerable Children.

An investigation was launched after it was revealed that the troubled boy had been Tasered by police at the age of 11.

The report detailed physical and psychological injuries he suffered as a result of abuse and neglect while in foster care.

The abuse included incidents where the child received cold showers to discipline him for toileting accidents, had hot sauce placed in his mouth and was confined to his room for long periods.

He was at one point held facedown in a barrel of water by other children in a foster home.

An investigation by the government substantiated the abuse allegations, but no reports were made to police.

While in residential care, C.S. was put in a “safe room” due to difficulties in managing him, a move which isolated him for long periods of time.

In 2014, the Public Guardian and Trustee, which was acting as his litigation guardian, filed a notice of civil claim against the B.C. government and one of the foster parents.

In February, B.C. Supreme Court Justice Paul Pearlman ordered that the government immediately pay the public guardian $2.75 million, comprising the plaintiff ’s legal fees as well as general damages for C.S.’s pain and suffering, loss of earning capacity and reduced life expectancy.

In addition, the government has been ordered to make periodic payments of $615,000, the first of which was in June, until a care fund established by the court reaches $3 million.

The petition notes that C.S. has been hospitalized on a number of occasions for mental health reasons and has engaged in high-risk behaviour, including drug abuse.

He has overdosed on drugs, engaged in threatening behaviour, including threats to caregivers and others, and destroyed property. C.S. has committed crimes resulting in prosecutions and convictions.

A psychiatrist who treated C.S. said the teen’s prognosis was “guarded” because he suffers from various difficulties, including fetal alcohol syndrome, attention deficit hyperactivity disorder, a depressive disorder and a mild cognitive defect.

The psychiatrist didn’t believe C.S. was capable of managing his affairs.

Another psychiatrist noted C.S. had significant problems managing even small sums of money and found that his “impulsivity” and other deficits made it difficult for him to budget, plan and manage his money.