2017 QCCQ 4315, 2017 QCCQ 4315

Protection de la jeunesse — 171831 2017 QCCQ 4315 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000735-175 DATE: March 29, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [INTERVENANTE 1], social worker, exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...] in City A, district A, [...] Applicant -and- X, presently residing at [...] in City B, district B, [...] Adolescent -and- MRS A, domiciled & residing at [...] in City C, district A, [...] Mother -and- MR B, unknown address Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 76.3 and 76.4 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, 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 [...], 1999, declared endangered. [ 2 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and the development of the adolescent. [ 3 ] The adolescent is present and represented by a lawyer. The mother is also present but not represented.

As for the father he is absent 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 The adolescent lives with his brother, his mother, her spouse and his little half sister; 2.2 The father is absent from the adolescent's life: 2.3 The family moved to City C from Toronto last August; 2.4 The adolescent is regularly drinking alcohol since last fall; 2.5 The adolescent also regularly smokes cannabis; 2.6 The adolescent stopped going to school last November; 2.7 Last November, the police had to intervene to the family domicile due to a violent dispute between the adolescent and his brother; 2.8 On December 22, the adolescent was arrested for a breaking and entry;

2.9 In January, once again, the adolescent was arrested for a breaking and entry.

On January 23, 2017, the adolescent has been found guilty of the following charges: indecent behavior; disguise with criminal purpose (2x); break and entering (2x); failure to comply to conditions; 2.10 Following that second arrest, the adolescent has been detained until January 23; 2.11 On January 23, the adolescent and his mother signed a provisional agreement with the director to maintain the adolescent in a rehabilitation center for 30 days; 2.12 On January 26, the adolescent told the applicant that he did not agree to stay in the rehabilitation center anymore; 2.13 The same day, January 26, the director took immediate protective measures to maintain the adolescent in a rehabilitation center; 2.14 The mother agrees with the director's position to maintain the adolescent in 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 The adolescent is entrusted to his mother until he reaches majority; the adolescent will stay at the mother’s residence on the same floor at [...], City C; 3.2 That the mother and X participate actively to the implementation of the measures, notably by;

a) The mother advises the DYP of any relocation project at least 72 hours in advance;

b) X engages in complying with the regulations of his environments;

c) Meeting with the social intervener of the implementation of measures when required;

d) Authorizing all professionals involved to exchange information with the DYP regarding her security and development;

e) The adolescent will remain sober;

f) The adolescent and his mother will conform to the safety/repatriation plan that they submitted on February 28, 2017;

g) The adolescent will inform his mother of his whereabouts all the time; 3.3 That aid, counseling and assistance be provided to X and his family until the adolescent reaches the age of majority, the director’s delegates will make unannounced visits to the family domicile; 3.4 That the mother reports periodically to the DYP to inform him about the situation; 3.5 That X undertakes to receive health care his situation requires (notably for the substance abuse problem) and maintain a follow- up if required by the professionals and also a follow-up for his mental health; 3.6 That the adolescent attends a school or another place of learning or participates in a program geared to developing skills and autonomy, the adolescent will start school full time in City D as of, Monday March 6, 2017; All the measures will take place until the adolescent reaches his majority; [ 6 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the adolescent.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of X are in danger under

section 38(

f) of the Youth Protection Act ; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties and ORDERS the parties to respect these measures; [ 10 ] ORDERS that any police officer to collaborate in the execution of the present order, if required; [ 11 ] ENTRUSTS the situation of the adolescent to the Director of the Youth Protection for the purpose of executing the measures. __________________________________ 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 Daniel Ouellette Legal Aid Lawyer for the adolescent Date of hearing: March 2, 2017