2017 QCCQ 6803, 2017 QCCQ 6803

Protection de la jeunesse — 173048 2017 QCCQ 6803 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000668-152 DATE: May 26, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...], City A, district A, [...] Applicant -and- X, presently residing at [...] in City B, district B, [...] Adolescent -and- MRS A, unknown address Mother -and- MR B, domiciled and residing at [...] at City C, district A, [...] Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 95 par. 3 of Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection makes an application to have the security and the development of X, born on [...], 2000, declared still endangered. [ 2 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that still compromises the security and the development of the adolescent. [ 3 ] The adolescent is present and represented by a lawyer. The mother is absent and not represented.

As of the father he is present and not represented. [ 4 ] 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 X: 2.1 As it was previously ordered, the adolescent integrated a foster family last fall after spending a few months in a rehabilitation center; 2.2 Since then, the adolescent's situation is not improving; 2.3 The adolescent does not follow the rules of his foster family; 2.4 More than one time, the adolescent left his foster family's domicile without authorization; 2.5 The adolescent often lies to his foster parents regarding his whereabouts; 2.6 On different occasions, the adolescent's foster parents noticed that he did not seem sober when he returned from visits in his family; 2.7 Recently, the director was informed that the adolescent was using drugs such as speed, cocaine, fentanyl and also alcohol in the

presence of his father and his aunt C.

The father and the adolescent strongly deny that paragraph; 2.8 On March 19, 2017, once again, the adolescent ran away from his foster home; 2.9 The adolescent's foster parents advised our services that due to his behaviour, they will not take him back to their place; 2.10 On March, 20, the director took an immediate protective measure to entrust the adolescent to a rehabilitation center; [ 5 ] 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 be entrusted to the rehabilitation center until the end of October 2017 with an integration in a foster family as soon as the situation allows it; 3.2 That a person working for an institution or body provide aid, counseling and assistance to the child and his family until the end of October 2017; 3.3 That the father participate actively to the measures designed to put an end to the situation; 3.4 That the father gets counseling for his drug and alcohol consumption for as long deemed necessary by the professional; 3.5 That the father be sober in the presence of his son; 3.6 That the father does not use drugs in the presence of his son; 3.7 That X continue to work and complete his school work for this present school year; 3.8 That the visits between X and his parent or other family member be supervised by the director of youth protection as for their frequencies, their modalities and in the presence of a third party if judged necessary, that includes visits to his sister’s domicile, (Mrs D); 3.9 That X receives all health services required by the situation; 3.10 That the father reports at regular intervals to the DYP; 3.11 That the parents accept the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security or development of the child is in danger; FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of the youth are still in danger; [ 8 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties; [ 9 ] ORDERS the parties to respect these measures; [ 10 ] ORDERS that any police officer collaborates in the execution of the present order, if required; [ 11 ] ENTRUSTS the situation of the youth to the Director of the Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Peggy Warolin Lawyer for the adolescent Date of hearing: May 18, 2017