2017 QCCQ 17314, 2017 QCCQ 17314
Opinion
Protection de la jeunesse — 177712 2017 QCCQ 17314 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000668-152 DATE: October 10, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...], City A, district A, [...] Applicant -and- X, presently residing at [...] in City B, district B, [...] Adolescent -and- MRS A, domicile and residing at [...] in City C, [province A], [...] Mother -and- MR B, domiciled and residing at [...] at City C, district A, [...] Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 95 par. 3 of 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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection makes an application to have the security and the development of X, born on June 26, 2000, declared still endangered. [ 2 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that still compromises the security and the development of the adolescent. [ 3 ] The adolescent is present and represented by a lawyer. The mother is absent and not represented.
As of the father he is present but not represented. [ 4 ] 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 Since the last judgment was rendered in May 2017, the adolescent is behaving well at the rehabilitation center 2.2 Since last May, the adolescent had regular contacts with his adult sister, Mrs. C; 2.3 The adolescent had visits at Mrs. C’s place in City D; 2.4 Mrs.
Sutherland, who lives with her spouse and her five children, offers to take charge of the adolescent; 2.5 The adolescent asserts that he would like to live with his sister; 2.6 The adolescent already registered for adult education in City D; 2.7 As for the father, his personal situation remains the same since the last judgment was rendered; 2.8 The father has regular contacts with the adolescent; 2.9 As for the mother, she did not collaborate at all with our services since the last judgment was rendered;
[ 5 ] 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 be maintained that the security and development of X, born on June 26, 2000, are still in danger; 3.2 That the adolescent be entrusted to his sister, Mrs. C until he reaches majority, in the case Mrs.
C becomes a foster family of proximity, that he be entrusted to her as such; 3.3 That be ordered that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; 3.4 That the be maintained all the ordered previously rendered that are still relevant; 3.5 That be ordered any police body to collaborate for the purpose of executing this enactment.
FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] MAINTAINS that the security and development of X are still in danger; [ 8 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties; [ 9 ] ORDERS the parties to respect these measures; [ 10 ] ORDERS that any police officer collaborates in the execution of the present order, if required; [ 11 ] ENTRUSTS the situation of the youth to the Director of the Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.
M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Jean-François Lacasse Lawyer for the adolescent Date of hearing: September 28, 2017
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