2016 QCCQ 6523, 2016 QCCQ 6523
Opinion
Protection de la jeunesse — 162732 2016 QCCQ 6523 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000656-154 DATE: March 15 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 1998 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT ( Sections 95(1) and 75 , Youth Protection Act , R.S.Q. 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 asks the Court to review the decisions made on December 10th 2015 concerning the child, X. [ 2 ] The child was entrusted to a rehabilitation centre according to the last decision. [ 3 ] The Director now asks that the child reintegrate his family since he has shown a better attitude and better behaviour in the last weeks. [ 4 ] The child and his parents admit the alleged facts and accept the conclusions of the motion presented by the Director. [ 5 ] Since last December 2015, the child was residing in a group home. [ 6 ] During the last Christmas vacations, he was allowed to visit his family. [ 7 ] He did not respect all of the conditions of his visit and consumed marijuana on many occasions. [ 8 ] He is now 17 years old.
He still has mental health issues but has stabilized his behaviour since January. [ 9 ] The child and his parents accept the help of an external educator for the coming months. [ 10 ] The child needs to demonstrate that he can act as a more mature young man. FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the child, X, are still in danger;
[ 13 ] REVISES and EXTENDS the decisions rendered on December 10th 2015; [ 14 ] ORDERS that the child remain with the parents; [ 15 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation of compromission; [ 16 ] ORDERS that the child and the parents take an active
part in the application of the measures; [ 17 ] ORDERS that the child receive specific healthcare and health services regarding his mental health; [ 18 ] ORDERS that the child and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 19 ] ORDERS that the parents refrain from consuming alcohol and marijuana in the presence of the child; [ 20 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 21 ] ORDERS the police to collaborate to the execution of the enactment; [ 22 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 23 ] THE WHOLE until September 20th 2016. __________________________________ JEAN GRAVEL, J.Q.C.
Mtre Geneviève Apollon, Attorney for the applicant Mtre Nicolas Welt, Attorney for the child Mtre Angèle Tommasel, Attorney for the parents
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