2017 QCCQ 20112, 2017 QCCQ 20112
Opinion
Protection de la jeunesse — 1710322 2017 QCCQ 20112 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000063-158 DATE: October 23, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2002 TEENAGER ______________________________________________________________________ [SOCIAL WORKER 1], You th Protection Worker, duly authorized by the Director of Youth Protection of A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (
Section 95 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits a motion to review and extend a previous Court order rendered by Judge Lucille Beauchemin, J.C.Q., on November 10, 2016, which entrusted the teenager to a rehabilitation centre until June 30, 2017 and authorised the reintegration of the adolescent with her parents as soon as she had successfully completed a drug and alcohol treatment program. [ 2 ] At the hearing, X, present, is represented by Mtre. Yan Massé. Mtre.
Adelia Ferreira acts on behalf of the applicant. The parents are not present, but they mandated Mtre. Michel Grenier to represent them for the hearing. [ 3 ] Most of the allegations of the petition are admitted by one party or the other. It appears that the youth went to City A, but did not complete the program. In March 2017, she entered into a three-week program in City B, but did not complete it either.
Despite these facts, a reintegration of the teenager to the parent’s care started at the beginning of June and was completed by June 22. [ 4 ] During the night of July 3 rd , the adolescent went to the clinic and told the nurse that there was drinking at her place. She expressed that she did not want to go back to her parents’ home. She stated and she still admits it at the hearing, that the parents drink and they consume marijuana and cocaine.
When the parents have nothing to consume, they are mad at her. [ 5 ] The mother admitted the drug consumption, but stated that as she is an adult, she can decide for herself. [ 6 ] Immediate protective measures were invoked and the child was entrusted to a foster family. [ 7 ] On august 18, 2017, a new application under
section 79 of the Youth Protection Act was presented and X was placed in a reception centre because of her consumption and suicidal remarks she had made on Facebook. [ 8 ] The Director of Youth Protection recommends the placement of X in a rehabilitation centre until the end of the school year, meaning June 30, 2018. The teenager is in agreement with this recommendation and so are her parents. X wants to engage in a treatment program and steps must be taken as soon as possible for her admission in such a program. [ 9 ] FOR THESE MOTIVES, THE COURT : [ 10 ] GRANTS the motion; [ 11 ] MAINTAINS that the security and development of X, born on [...], 2002, are still endangered;
[ 12 ] ORDERS the placement of the adolescent in a rehabilitation centre until June 30. 2018, and if her situation allows it, to be reintegrated with her parents as soon as she completes a drug and alcohol treatment program; [ 13 ] STRONGLY RECOMMENDS that the adolescent engage in a treatment program and to complete this program; [ 14 ] ORDERS that the Director of Youth Protection work specifically on the willingness of the youth to attend such a treatment centre to help her make the good decision; [ 15 ] ORDERS that X receive all health care and social services required by her situation (medical, psychosocial, psychological, neurological); [ 16 ] ORDERS X to refrain from the consumption of any mood altering substances, unless prescribed by a doctor; [ 17 ] ORDERS that the contact between the adolescent and her parents be supervised by the Director of Youth Protection as for the frequency and modalities and be decided taking into account the evolution of the teenager and the situation of the parents; [ 18 ] ORDERS the parents to be and remain sober when in presence of X; [ 19 ] ORDERS the parents not to put X in the presence of people under the influence of intoxicating substances; [ 20 ] AUTHORIZES any service providers to the family or to X to share information with the Director of Youth Protection; [ 21 ] ORDERS the parents and X to fully collaborate with the Director of Youth Protection; [ 22 ] ORDERS that aid counselling and assistance be provided to X and her family for a period of one year; [ 23 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection; [ 24 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection of A who shall then see that the measures are carried out. __________________________________ LUCILLE CHABOT, J.C.Q.
Mtre. Adelia Ferreira DYP, A Lawyer for the applicant Mtre. Yan Massé Centre communautaire juridique A Lawyer for the youth Mtre. Michel Grenier Lawyer for the parents Date of hearing: September 5, 2017
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