2012 QCCQ 7949, 2012 QCCQ 7949

Protection de la jeunesse — 121672 2012 QCCQ 7949 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000427-119 DATE: March 5, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1996 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in CITY A Applicant v.

A , residing and domiciled in CITY A, district A, province of Quebec Mother and B , residing and domiciled in CITY A, district A, province of Quebec Father ______________________________________________________________________ JUDGMENT ( Sections 76.3 and 76.4 , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to extend and review the situation of X, born on […], 1996, according to

section 95 of the Youth Protection Act , the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the youth. [ 2 ] The youth was represented by a lawyer. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the youth and the draft detailed these facts : 3.1 Following the last Court, the youth was placed in […] rehabilitation center A in city B; 3.2 With the support of the Youth Protection, the youth was able to improve his behaviour; 3.3 The youth had three home visits during his placement and it went well; 3.4 The parents had contact with the youth on a regular basis; 3.5 The youth will be reintegrated with his family on February 10, 2012; 3.6 The collaboration of the parents with the Youth Protection is regular. [ 4 ] The measures proposed are the following : 4.1 That a person working for an institute provides aid, counsel and assistance to the child and the child's family for a six (6) months period; 4.2 That the child remain with his family or be entrusted to one of his parents and that the child's parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child's regard to put an end to the situation in which the security or development of the child is in danger; 4.3 That the child and the child's parents take an active

part in the application of any of the measures ordered by the Court. [ 5 ] The Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and interest of the youth. [ 6 ] FOR THESE REASONS, THE COURT :

[ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on February 14, 2011; [ 8 ] DÉCLARES the security and development of the youth X, born on […], 1996 in danger; [ 9 ] ACKNOWLEGES the draft agreement intervened between the parties; [ 10 ] ORDERS that a person working for an institute provides aid, counsel and assistance to the youth and the youth's family for a six (6) months period; [ 11 ] ORDERS that the youth remain with his family or be entrusted to one of his parents and that the youth's parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child's regard to put an end to the situation in which the security or development of the youth is in danger; [ 12 ] ORDERS that the youth and the youth's parents take an active

part in the application of any of the measures ordered by the Court. [ 13 ] ENTRUSTS the youth's situation to the Director of Youth Protection, who shall see to the execution of the enactment. __________________________________ RENÉE LEMOINE, J.Q.C. Me Mathieu Brassard For the youth Me Marianne Gagnon-Bourget For the applicant Date of hearing : […], February 21, 2012