2013 QCCQ 17569, 2013 QCCQ 17569

Protection de la jeunesse — 135792 2013 QCCQ 17569 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000457-101 DATE: October 15, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre jeunesse of A, having a place of business at […] in A MUNICIPALITY, district of A, […] Applicant -and- X, presently living at […] at A CITY, district of B, […] Adolescent -and- MRS A, domiciled and residing at […] in B MUNICIPALITY, district of A, […] Mother -and- MR B, domiciled and residing at […] in A CITY, province of Ontario, […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to maintain the security and development of X, born on […], 1998, 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 and the mother were present and both represented by their lawyer.

The father was absent and not represented. He plays no

part in the adolescent's life. Previously, the Court dispensed the Director of Youth Protection with the service of the motion to the father. [ 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 continue to endanger the security and the development of the adolescent: 2.1 .

The adolescent still displays behavioural problems; 2.2 On July 23 rd , 2013, the adolescent attempted to commit suicide and was hospitalised; 2.3 On July 24 th , 2013, the adolescent was discharged from the hospital and an immediate protective measure was applied placing the adolescent in a rehabilitation centre; 2.4 The adolescent self-mutilates with razor blades; 2.5 The adolescent consumes marijuana occasionally; 2.6 The adolescent was medicated for depression but it needs to be readjusted; 2.7 The adolescent is on a waiting list to meet with a pedopsychiatrist; 2.8 The foster parents are worried and overwhelmed by the adolescent’s behaviour; They have withdrawn their consent to shelter the adolescent for now; 2.9 The adolescent needs a secure and well structured environment. [ 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 the youth stay at the rehabilitation centre until December 18, 2013; 3.2 That the youth return to her foster family Mr. C and Mrs.

D or another foster family until she reaches the age of majority after she has completed her stay at the rehabilitation Centre; 3.3 That regular supervised contacts between the foster family and the youth take place during her placement at the rehabilitation Centre; 3.4 That the contacts and visits between the child and the mother be supervised by the DYP as per their frequency and modalities, including the presence of a third party, and that they be in the best interest of the child and if the mother's situation allows it; 3.5 Orders that access visitation rights and contacts between the teenager and her boyfriend be exercised under the supervision of the director of youth protection as for modalities and frequency; 3.6 That the child and the mother receive aid, counselling and assistance by the DYP for the duration of the order; 3.7 That the youth attend school; 3.8 That an evaluation with a child psychiatrist be completed with a follow-up if necessary; 3.9 That medical services be rendered to the youth; 3.10 That all other measures continue to be applied; 3.11 That the mother and the child take an active

part in the application of the measures ordered by the court; 3.12 That the child receives psychological services for as long as deemed necessary regarding her mental health; 3.13 That the mother receives counselling regarding her drug and alcohol consumption and attends a detoxification and treatment centre; 3.14 That the mother receives a psychological and psychiatric follow-up for her mental health an anger issues; 3.15 That the mother does not consume drugs or alcohol in her daughter's presence; 3.16 That all professionals working with the child or the mother exchange information with the DYP regarding the child's situation; 3.17 Orders any Police body to collaborate for the purpose of executing this enactment. [ 5 ] X struggles with trust issues as well as with suicidal behaviours.

The adolescent's name is on a waiting list to meet with a pedopsychiatrist. The Court urges the Director of Youth Protection to do everything in its power for the adolescent to be seen by this specialist as soon as possible.

X's well-being is at stake. [ 6 ] The Court is of the opinion that these measures are likely to put an end to the situation and respect the rights and interest of the adolescent. [ 7 ] FOR THESE REASONS, THE COURT: [ 8 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on September 18, 2013; [ 9 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ NANCY McKENNA, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre jeunesse A Lawyer for the D.Y.P. M e Peggy Warolin Lawyer for the adolescent M e Daniel Ouellette Legal Aid A Lawyer for the mother Date of hearing: September 18, 2013