2013 QCCQ 9788, 2013 QCCQ 9788

Protection de la jeunesse — 132735 2013 QCCQ 9788 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000590-133 DATE: April 8, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1 ], exercising her profession at the Centre jeunesse A , having a place of business at […] , City A , district A , […] Applicant -and- X, residing at […] , district A , [...] Adolescent -and- MRS A, domiciled and residing at [...] at City B , district A , [...] Mother -and- MR B, domiciled and residing at [...] at City B , district A , [...] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare the security and development of X , born on [...] , in danger, the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and the development of the adolescent. [ 2 ] The adolescent and the father were present and both represented by their lawyer.

The mother was also present but not represented. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The parties acknowledge the following facts which endanger the security and the development of the X : 2.1. The parents have been separated for years; 2.2. Until November 2012, the adolescent usually lived with his father, from November 2012 to February 2013, he was living with his mother; 2.3. The adolescent behaves in such a way as to repeatedly and seriously undermine his physical and psychological integrity; 2.4.

The adolescent regularly smokes marijuana and also takes speed; 2.5. Most of the time, the adolescent refuses to conform to authority; 2.6. During the last months, the adolescent stole objects from his mother; 2.7. The adolescent has been placed in a foster family under the

Loi sur les services de santé et les services sociaux from January 15 th , 2013 to February 7th, 2013; 2.8. The adolescent stole objects and money from that foster family; 2.9. During the week-end of March 1 st , 2013, the mother asked the adolescent to leave her domicile; 2.10. On March 4 th , 2013, the adolescent went to his father’s place; 2.11. The day after, Tuesday March, 5 th , 2013, the father asked the director of youth protection’s delegate to take charge of the

adolescent; 2.12. Both parents then asserted that they were unable to take care of the adolescent due to the fact that he had serious behavioural disturbances; 2.13. On March 6 th , 2013, the director of youth protection took immediate protective measures and entrusted the adolescent to a rehabilitation centre; [ 4 ] They also agree on several measures in order to put an end to the situation which endangers the adolescent's security and development: 3.1.

That the adolescent remain with his family and that his parents report periodically to the director on the measures they apply in their own regard and in the adolescent’s regard to put an end to the situation in which the security and development of the adolescent is in danger; 3.2. That a person working for an institution or body provide aid, counselling and assistance to the adolescent and his parents until he reaches his majority; 3.3.

That the adolescent receive specific health care and health services; in particular, the adolescent will submit himself to a drug addiction assessment and will receive services if necessary; 3.4.That the adolescent and his parents take an active

part in the application of the measures ordered by the tribunal; 3.5. That the professionals working with the adolescent and his parents will give pertinent information to the director of youth protection; 3.6.

That all the measures ordered by the tribunal will last until the adolescent reaches his majority; [ 5 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the adolescent. [ 6 ] FOR THE REASONS, THE COURT: [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on April 3, 2013. __________________________________ NANCY McKENNA, J.C.Q. M e Julie Lemire Lemire, Gaouette & Martel Centre jeunesse A Lawyer for the D.Y.P.

M e Sébastien Lebel Lawyer for the adolescent M e Michel-Étienne Parayre Martineau, Daoust, Boulianne, Pelletier Lawyer for the father Date of hearing: April 3, 2013