2013 QCCQ 18706, 2013 QCCQ 18706

Protection de la jeunesse — 137277 2013 QCCQ 18706 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 635-41-000430-113 DATE: Hearing and oral judgment: November 14, 2013 Written judgment: December 13, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1996 [Social Worker 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant and A, residing and domiciled in City A, Québec, district A Father ______________________________________________________________________ JUDGMENT - DRAFT AGREEMENT (

Section 95 ( par.3) , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of a Motion in Revision pursuant to

Section 95 of the Youth Protection Act , hereinafter cited as the Act; [ 2 ] At the hearing, the adolescent was present and represented by her lawyer; while her father had been present in the courtroom and had signed a draft agreement, he was not present during the hearing, nor represented by a lawyer.

Me Stephanie Gauvreau acted as a friend of the court to present the draft agreement on behalf of the father. [ 3 ] The Applicant filed the Revision Report, prepared by [Social Worker 1] and dated October 23, 2013, as Exhibit D-2; [ 4 ] The parties acknowledge in the draft agreement, filed as Exhibit D-3, that the security and development of the adolescent is still in danger but that X no longer displays behavioural problems, nor does she consume drugs or alcohol; [ 5 ] X has progressed significantly with her grieving issues; she also takes her medication autonomously; [ 6 ] X has now completed her secondary IV and has clarified her life project; [ 7 ] X wishes to live with Mrs.

B who is willing to take care of her; [ 8 ] Collaboration between the adolescent and the Director of Youth Protection is good; [ 9 ] X would prefer to live with her brother C; [ 10 ] The Tribunal considers that the draft agreement is in the interest of X and respects her rights; [ 11 ] FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS this motion according to the terms of the draft agreement.

[ 13 ] DECLARES that the security and development of the youth continue to be compromised; [ 14 ] ORDERS that the adolescent X be placed in a foster family until her age of majority and that as soon as the situation allows it, that she live with her brother; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the adolescent and to the adolescent's father and also to the foster family, until the age of majority; [ 16 ] ORDERS that the project of eventually living with her brother be explored and prepared; [ 17 ] ORDERS that the adolescent be followed by a doctor in regards to her medication; [ 18 ] ORDERS that the adolescent receive support regarding her grieving issues; [ 19 ] ORDERS that the contacts between X and her family be encouraged; [ 20 ] ORDERS that the adolescent take

part in the application of the measures ordered by the Court; [ 21 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A who shall then see that the measures are carried out; [ 22 ] ORDERS that the police collaborate to the execution of the enactment. _______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q. M e Stéphanie Gauvreau Lawyer for the adolescent M e Robert-André Adam Lawyer for the D.Y.P. Date of hearing : November 14, 2013