2014 QCCQ 20008, 2014 QCCQ 20008

Protection de la jeunesse — 148083 2014 QCCQ 20008 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001721-148 DATE: December 18, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […] 2000 YOUTH ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT (Section 95 and 76.3 and following of the Youth Protection Act CQLR 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 presents a motion asking the Court to review a judgment rendered on May 27, 2014, ordering the placement of X in a reception centre for a period of three months and that aid, counselling and assistance be provided to the family for a period of ten months. [ 2 ] For the present hearing, X is present and represented by Mtre. Myriam Gaudreault and Mtre. Michel Grenier acts on behalf of both parents. Mtre.

Gabriel Gaudreault acts on behalf of the applicant. [ 3 ] The parties submit a draft agreement.

The parents and the teenager state that they admitted the following facts freely and voluntarily having been made aware of the consequences of such admissions : 5.1 “ During the month of August 2014, the youth left the rehabilitation center of Town A and reintegrated her parents’ place in Town B; 5.2 Since the youth is back in Town B, her behavioral disturbances recurred notably; 5.2.1 Drinking alcohol; 5.2.2 Smoking drugs; 5.2.3 Not able to control herself; 5.2.4 Not attending school regularly; 5.2.5 Fighting; 5.2.6 Not respecting the rules at home; 5.2.7 Not respecting the parents’ authority; 5.2.8 Having serious communication issues. 5.3 On September 25, 2014, the youth came to the Youth Protection office and admitted to her worker that she was back drinking

alcohol, smoking drugs on a regular basis and not attending school; 5.4 The youth also admitted that the relationship with the mother is not very good and they fight together since she’s back; 5.5 The youth also admitted that she wants to hit her mother; 5.6 The youth also admitted to getting into physical altercation in the (sic) Town B as well; 5.7 On the same day, the parents had been met by the Youth Protection worker (sic); 5.8 The parents explained that the youth is back to her old ways and that she became aggressive and destructive; 5.9 The mother admitted that the youth has a lot of anger toward her and sometime (sic), toward the young siblings; 5.10 Then, the youth was met with her mother and she started to become agitated and complaining that she couldn’t handle it anymore; 5.11 The youth was brought to the clinic to be assessed because she appeared to be suffering [from] severe anxiety; (Brackets added by the undersigned) 5.12 When the youth left the office to go to the clinic, her behavior escalated; 5.13 The youth was screaming, swearing, saying that she was going to kill herself, knocking papers of (sic) bulletin boards, punching the walls and refusing to collaborate with medical staff; 5.14 The youth was placed under immediate protective measures in the rehabilitation center of Town A; 5.15 The parents and the youth agree with the placement in a rehabilitation centre. “ [ 4 ] The parties were in Court on November 24, 2014, before Judge Jean Gravel, J.C.Q., who ordered that X remain with her parents with very strict conditions that were discussed and accepted by all the parties. [ 5 ] Since then, X was able to abide by these rules.

It is now possible to contemplate that she remains with her parents under the same conditions. [ 6 ] So, the parties gave their consent to measures to put an end to the situation that endangers the security and the development of X.

They declare that they gave a free and enlightened consent after having received all the necessary information. [ 7 ] Therefore the Court : [ 8 ] GRANTS the motion;[…]. 16, 2000, are still endangered; [ 9 ] REVIEWS the previous decision rendered on May 27, 2014; [ 10 ] ORDERS the implementation of the draft agreement; [ 11 ] ENTRUSTS the youth to her parents; [ 12 ] ORDERS that the youth attend school on a regular basis and that she have an attendance sheet signed for all periods for as long as deemed necessary by the parents and the Social Worker; [ 13 ] PROHIBITS X from alcohol and drug consumption; [ 14 ] ORDERS that the youth report in person to the Director of Youth Protection twice a week with her attendance sheet from school for as long as deemed necessary by the parents and the Director of Youth Protection; [ 15 ] ORDERS that the youth comply with the rules at home and with the authority of her parents at all times; [ 16 ] ORDERS that the youth respect the curfew given by the parents which is set on weekdays at 9 p.m. and on weekends at 10 p.m.; [ 17 ] ORDERS that the youth inform her parents of her whereabouts when not at home, at all times; [ 18 ] ORDERS that the youth meet, in person, with the delegate of the Director of Youth Protection once a week and share her difficulties and successes of the week for as long as deemed necessary by the Director of Youth Protection; [ 19 ] ORDERS that X collaborate with professional counselling on a one on one basis and also with family counselling; [ 20 ] ORDERS that X and the parents take an active

part in the application of the measures ordered by the Court; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and her parents for a period of six months, starting on December 9, 2014; [ 22 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of his representatives;

[ 23 ] ENTRUSTS the situation of X, born on […], 2000, to the Director of Youth protection A for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Gabriel Gaudreault Arpin, Gaudreault Attorneys Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the youth Mtre. Michel Grenier Counsel for the parents Date of hearing: December 9, 2014