2017 QCCQ 2992, 2017 QCCQ 2992

Protection de la jeunesse — 171035 2017 QCCQ 2992 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division No: 610-41-000723-163 DATE: January 10, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MR [SOCIAL WORKER 1], exercising his profession at the Centre intégré de santé et de services sociaux A, having a place of business at […] in Town A, district A, […] Applicant -and- X, presently residing at […] in Town C, district B, […] Adolescent -and- MRS A, domiciled and residing at […] in Town B, district A, […] Mother -and- MR B, domiciled and residing at […] in Town D, Ontario, […] 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 ] After the filing of a motion asking the Court to declare the security and development of X, born on […], 2000, in danger, 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. [ 2 ] The adolescent is present and represented.

The parents are also present, but not represented. [ 3 ] 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 parents have been separated for fifteen years and the mother has the legal custody of the adolescent; 2.2 The adolescent has behaviour problems that are increasingly displayed since February 2016 according to the mother; 2.3 The adolescent has failed her 2015-2016 school year; (denied by adolescent) 2.4 Since September 2016, the adolescent missed over 91 periods and finally dropped out of school; 2.5 The adolescent consumes drugs; 2.6 The adolescent admitted that during the summer she was taking speed, alcohol and marijuana; 2.7 Before she dropped out completely, the adolescent would show up at school under the influence of drugs; 2.8 The adolescent now states that she only uses marijuana; 2.9 The adolescent hangs out with people, some that are adults, that have unrecommendable behaviours related to drugs and delinquency; 2.10 The adolescent does not respect authority;

2.11 The adolescent was fired from a job after only two days work because of her attitude and arrogance; 2.12 The adolescent does not respect the rules and instructions of her parents, is oppositional and arrogant towards them; 2.13 The parents are worried and overwhelmed by the adolescent’s behaviours; 2.14 The parents feel they have no grasp over the adolescent and they cannot provide her with the supervision and support she needs; 2.15 The adolescent refuses to collaborate with the applicant or other services that can provide help; (denied by adolescent) 2.16 On or about November 16, 2016, the adolescent threatened to run away; 2.17 An immediate protective measure was applied and the adolescent was placed in the rehabilitation center. [ 4 ] 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 X be confided to a re-education center for a period of 5 months; 3.2 That X and her parents participate actively to the measures ordered; 3.3 That a delegate person of the DYP bring help, council and assistance to X and her family for a period of 18 months; 3.4 That X receive the care and help that she needs, notably by having specialise services in drug addiction for as long judge necessary by the professional giving the services; 3.5 That the contacts between X and her parents be supervised by the DYP or his delegate concerning the frequency and the form with agreement between the parties. 3.6 That the adolescent and her parents authorise the exchange of pertinent information to end the compromission between the different active interveners in the file. [ 5 ] 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: [ 6 ] GRANTS the motion; [ 7 ] DECLARES that the security and development of X are in danger according to

section 38 (

f) of the Youth Protection Act ; [ 8 ] ORDERS the implementation of the measures mentioned in the draft agreement (D-5) signed and summited by the parties; [ 9 ] ORDERS the parties to respect the measures; [ 10 ] ORDERS to any police officer to collaborate to the execution of the present order if required; [ 11 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q. M e Pierre Grygiel Lawyer for the DYP M e Daniel Ouellette Legal Aid Lawyer for the adolescent Date of hearing: December 20, 2016