2013 QCCQ 19875, 2013 QCCQ 19875

Protection de la jeunesse — 138688 2013 QCCQ 19875 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-007432-133 DATE : October 29, 2013 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 1998 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B Parent of the child and LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, JUDGMENT

Section 38 of the Youth Protection Act [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act. [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: "

a) The child is known to ours services since 2007 for psychological ill-treatment from the father;

b) Since September 6, 2013, the child has been entrusted to an institution operating a rehabilitation, group home types, for immediate protective measures;

c) On August 31, the child and one of his friend had a pact to commit homicide suicide;

d) On August 31, 2013, the child was brought by ambulance and was admitted to the Montreal Children' hospital psychiatric ward for an assessment;

e) On September 3, 2013, the child reported that he was not part of the pact;

f) On September 3, 2013, the mother reported the child tampered with the lights on the train tracks;

g) The child verbalize "four more days before the big bang";

h) The child have serious behavioural disturbance;: i. Alcohol;

ii. Suicidal behaviour;

i) The child lives harassment from his father;

j) The mothers is unable to protect the child;" [ 3 ] The father, well be informed of the hearing, is not present. The Court proceeded in his absence pursuant to

Article 77 of the Act on the protection of youth. [ 4 ] The child, by attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 5 ] The mother admits most of the allegations of the declaration and agrees to the conclusions. [ 6 ] The father, through attorney, admits all the allegations of the declaration and agrees to the amended conclusions. [ 7 ] By consentent of the parties, the following reports are filed: D-3 Court report, written by [Social Worker 2], dated on October 23, 2013.

D-4 Psychiatric evaluation, written by Hélène Hétu, psychiatrist. [ 8 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 9 ] GRANTS the present motion; [ 10 ] DECLARES that the security and the development of the child X are in danger; [ 11 ] ORDERS that the child be entrusted to his mother, taking act that the father is not living with the mother, he lives with his daughter Ms.

Y; [ 12 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 13 ] ORDERS that the contacts between the child and his father be upon agreement between the parties; [ 14 ] ORDERS that the child undergoes a psychological assessment and follow recommendations; [ 15 ] ORDERS that the parents meet with the social worker on a regular basis; [ 16 ] ORDERS that the child and the parents take an active

part in the application of the measures to correct the situation and more particularly that they engage themselves in the intervention plan of the Director; [ 17 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 18 ] THE WHOLE for a period of one (1) year; [ 19 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q. Me Marie-Pierre Blouin Attorney for the child Me Véronique Crête Attorney for the declarant