2013 QCCQ 13063, 2013 QCCQ 13063
Opinion
Protection de la jeunesse — 134312 2013 QCCQ 13063 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41-000427-119 DATE: September 23, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC E.
GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKERN 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in A City Applicant -and- X, residing and domiciled in B City, province of Québec, district A Child -and- A, residing and domiciled in B City, province of Québec, district C Mother B, residing and domiciled in B City, province of Québec, district A Father ______________________________________________________________________ JUDGMENT ( Sections 95 ( par. 1) and 75 , Youth Protection Act, R.S.Q c.
P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of a motion under Sections 95 ( par. 1) and 75 of the Youth Protection Act concerning X born on […], 1996. The review concerns a judgment that was rendered on January 15, 2013 by the Honorable Judge Louis A. Legault. [ 2 ] The applicant is seeking that the youth be placed in a A Center for a period of three (3) months in which he would progressively reintegrate a community based on his life project (with a member of his family). [ 3 ] The father is living with the mother.
He is present but not represented by a lawyer. The mother could not attend Court but she agrees with the recommendations, as for the youth. [ 4 ] The Director of Youth Protection has been involved in the life of the youth since June 29, 2011. The youth still presents serious behavior disturbances. In fact, his situation had stabilized in February but, in April 2013, it started to deteriorate. He began bullying other clients in the B Center, running away, stealing, being disrespectful towards the staff, being physically and verbally aggressive and consuming drugs.
Since June 2013, his situation has improved but he still presents behavioral issues. [ 5 ] The parents and the youth admit that his situation is still in danger and that he needs to be in a secure environment. In this case, the B Center is the best place for him to acquire the necessary tools to be able to change his situation. CONSIDERING THAT THE YOUTH’S SITUATION IS STILL IN DANGER, THAT ALL THE PARTIES AGREE WITH THE RECOMMENDATIONS, THE COURT: GRANTS the motion; REVISES the decision or order rendered on January 15, 2013 by the Honourable Judge Pierre A.
Legault; DECLARES that the security or the development of the youth continues to be in danger; RECOMMENDS that the youth take his medication as prescribed by the health staff; ENTRUSTS the youth to A Center for a period of three (3) months in which he will progressively reintegrate a community based on his life project (member of family);
ORDERS that the youth receive specific health services, namely, follow-up with the pedo-psychiatrist; ORDERS that the youth and his parents take an active
part in application of the measures; ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his family until majority; ENTRUSTS the situation of the youth to the Director of Youth Protection A C.Y.P.C., who shall see that the measures are carried out; ORDERS the police to collaborate in the execution of the enactment. __________________________________ Marc E. Grimard, J.C.Q. M e Gabriel Gaudreault Counsel for the applicant M e Myriame Gaudreault Counsel for the child Date of hearing: July 15, 2013
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