2015 QCCQ 19425, 2015 QCCQ 19425
Opinion
Protection de la jeunesse — 154876 2015 QCCQ 19425 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: November 23, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE P.
BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: No. 610-41-000659-151 X , born on […], 2001 ______________________________________________________________________ [SOCIAL WORKER 1], Applicant and A AND B Parents ______________________________________________________________________ JUDGMENT (section 95, Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 Pro tection submitted a motion to review a judgment rendered by Judge Nancy McKenna, on August 26, 2015. [ 2 ] The parties were all present at the hearing of September 25, 2015, and all of them, except the father, were represented by lawyers. ISSUES RAISED [ 3 ] All the parties consented to a judgment that will maintain the measures ordered by Judge McKenna, with two additional measures concerning X.
THE FACTS [ 4 ] The judgment to be reviewed is a recent one in which Judge McKenna entrusted the youth to the foster family of C. [ 5 ] On September 10, 2015, following an argument with the foster family, the youth expressed that he had a serious suicidal plan: he had a rope already tied up in the bush near where he had been fishing earlier that day. [ 6 ] The Director put in place immediate measures and obtained that the Court order provisional measures entrusting the youth to a rehabilitation centre, at the hearing on provisional measures that took place on September 14, 2015 (Judge Josée Bélanger). [ 7 ] On September 25, 2015, at the Court House, and after a discussion among the parties, all agreed on a simple modification of the previous judgment, as drafted in the conclusions of this judgment.
ANALYSIS [ 8 ] The modification provides for health services to be provided to the youth, as an additional measure ordered to address his expression of suicidal thoughts on September 10, 2015. This additional measure is in the youth’s best interest. [ 9 ] All the other measures remain unchanged, as ordered by Judge Nancy McKenna on August 26, 2015. FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application under
section 95 of the Act, concerning the youth X.
[ 11 ] REVIEWS the judgment rendered by Judge Nancy McKenna on August 26, 2015, in order to add the two following paragraphs: ➢ ORDERS that the youth X receive the health care and health services required by his situation, as long as deemed necessary by the professionals, including a child psychiatric evaluation; ➢ MAINTAINS all the other measures ordered in the previous judgment. __________________________________ CLAUDE P. BIGUÉ J.C.Q. Mtre. Julie Lemire Lemire, Gaouette & Martel For the applicant Mtre. Sébastien Lebel For the youth Mtre. Daniel Ouellette For the mother Mr B, father, present and not represented by a lawyer Date of hearing: September 25, 2015
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