2016 QCCQ 9761, 2016 QCCQ 9761

Protection de la jeunesse — 164158 2016 QCCQ 9761 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-006602-116 DATE : March 15, 2016 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2000 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child JUDGMENT Section 95(2) of the 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 Court is seized of a motion for prolongation of a Court decision under section 95(2) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the prolongation of the Court order rendered on January 21, 2015 for the following new facts, as it appears in paragraph of the motion: “

a) The child has serious behaviour’s difficulties and some of his behaviours are almost unmanageable;

b) The child ran away from the reception centre on a few occasions;

c) The child has a history of serious substance abuse and continues to find way to get intoxicated (sniffing gas cans or rubbing alcohol, smoking marijuana);

d) The child has had no sleep overs at home and few days visit at home due to his behaviours that place him at risk;

e) The child has been assessed by L’Institut Philippe Pinel and continues to receive outpatient services;

f) L’Institut Philippe Pinel recommended that the child remain in a high structured environment;

g) The child has several criminal charges in the past years and has been given probation order for a period of one year including a neuropsychological assessment;

h) The father is in agreement of the continuation of the placement of the child and understands the risk that the child puts himself in;” [ 3 ] The child, by attorney, admits all of the allegations of the declaration and agrees to be entrusted to a rehabilitation center for a period of nine months. [ 4 ] The mother, through attorney, admits all the allegations of the declaration and agrees to the conclusions.

[ 5 ] The father, through attorney, admits all the allegations of the declaration and agrees to the conclusions. [ 6 ] By consentent of the parties, the following reports are filed: D-4: Court report, written by [Social Worker 1], on March 4th, 2016; D-5 Expertise psychiatrique portent sur l’aptitude à comparaître et sur la responsabilité criminelle, rédigée par Martin Gignac, daté du 21 juillet 2015; D-6 Expertise psychiatrique prédécisionnelle, rédigée par Martin Gignac, datée du 30 juin 2015; [ 7 ] X has been seeing Dr.

Gignac, from the Institut Philippe Pinel and the appointments are positive, although he regularly asks for more prescriptions. Dr. Gignac is very aware of X’s situation and has given him a treatment plan that appears to be working very well. [ 8 ] X is more coherent and is demonstrating that he has more control over his behaviors.

According to the social worker, Mrs. [Social Worker 1], if he remains stable for a consistent amount of time, the plan would be for more visits at home with the possibility of a reintegrating. [ 9 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 10 ] GRANTS the present motion; [ 11 ] DECLARES that the security and the development of the child X are still in danger; [ 12 ] EXTENDS the Court order rendered on January 21, 2015 in the present file; [ 13 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center for a period of nine (9) months; [ 14 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 15 ] ORDERS that the contacts between the child and his parents be determined upon agreement between the parties; [ 16 ] ORDERS that the child receive the health care and health services required by his situation more particularly that he need with is addiction worker and he continue to meet with is a psychological and psychiatric services at Institut Philippe-Pinel; [ 17 ] RECOMMENDS that the child undergo random urine screening for substance abuse; [ 18 ] TAKES ACTS that the child agrees with these test; [ 19 ] RECOMMENDS that the parents participate with A psychological and support services on a need-based basis and follow recommendations; [ 20 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 21 ] THE WHOLE for a period of one (1) year, except de placement for a period of nine (9) months; [ 22 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Jean-Pierre Gaudreau Attorney for the child Me Anne-Catherine Bujold Attorney for the declarant Me Kathleen O’Meara Attorney for the mother