2013 QCCQ 10541, 2013 QCCQ 10541

Protection de la jeunesse — 133286 2013 QCCQ 10541 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-000706-041 DATE: May 22, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A PETITIONER AND X Born on [...], 1999 YOUTH AND A MOTHER ______________________________________________________________________ JUDGMENT (Sections 76.3 and 76.4 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] After the filing of a motion according to

section 95 of the Youth Protection Act asking the Court to review the situation of X , thirteen years old, the parties submitted a draft agreement on measures to put an end to the situation that compromises the security and development of X . [ 2 ] The youth is represented by M e Daniel Ouellette and the mother by M e Claude Beaudet. M e Gabriel Gaudreault acts on behalf of the applicant. [ 3 ] This draft agreement states that the consent of the parties was given in a free and enlightened manner. The validity of the consents was confirmed at the hearing.

The parties acknowledge the facts that endanger the security and development of the youth.

The draft agreement detailed these facts as follows: 2.1 On April 4, 2007, the Honourable Lucille Chabot rendered a judgment in which the youth was placed in foster care until the age of majority; 2.2 On November 25 th 2012, the youth was admitted to a Treatment Center in Town A (sic) for her alcohol, drug, and solvent abuse problems; 2.3 The youth was sent home on December 14 th 2012, because she did not respect the rules, the staff member (sic) and her peers at the Center; 2.4 The youth displays behavioural problems, notably:

a) Consuming drugs

b) Consuming alcohol

c) Sniffing solvent

d) Not respecting the rules 2.5 On or around February 19, 2013, Social Services were informed by the police that the youth was caught sniffing paint spray; 2.6 On the same day, the youth was transferred to the A Hospital;

2.7 The youth was released from the A Hospital on February 20 th 2013; 2.8 On February 20 th 2013, the youth was admitted at the Reception Center under urgent measures; [ 4 ] The measures proposed are the following: 3.1 ORDER that the child be entrusted to a rehabilitation center for a period of twelve (12) months with a possible reintegration in a foster home after nine (9) months, if the situation allows it; 3.2 ORDER that the child take an active

part in the application of the measures ordered by the tribunal; 3.3 ORDER that the child continues (sic) her social follow-up with the Director of youth protection on a weekly basis; 3.4 ORDER that the child attend a school or another place of learning on a regular basis; 3.5 ORDER that a person working for an institution or body provide aid, counselling and assistance to the child and her family as well as foster family; 3.6 ORDER that the child be assessed by a psychologist; 3.7 ORDER that the child respects (sic) the rules and regulations in her foster home; 3.8 ORDER that the police collaborate to the execution of the enactment; [ 5 ] The Court is of the opinion that the measures are likely to put an end to the situation in which the youth is compromised and respect her rights and her interest. [ 6 ] For these reasons, the Court: [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on May 9, 2013; [ 8 ] DECLARES that the security and development of X , born on [...], 1999, are still endangered; [ 9 ] ACKNOWLEDGES the draft agreement reached by the parties; [ 10 ] REVIEWS the previous court decision; [ 11 ] ORDERS that the youth be entrusted to a rehabilitation center for a period of twelve (12) months with a possible reintegration in a foster home after nine (9) month if the situation allows to do so; [ 12 ] ORDERS that the teenager take an active

part in the application of the measures ordered; [ 13 ] ORDERS that the teenager continue her social follow-up with the Director of Youth Protection on a weekly basis; [ 14 ] ORDERS that the youth attend school or another place of learning on a regular basis; [ 15 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and her mother as well as the foster family; [ 16 ] ORDERS that the teenager be assessed by a psychologist in the best delay; [ 17 ] ORDERS that the teenager respect the rules and regulations set by her foster family; [ 18 ] ORDERS the mother to take an active

part in the application of the measures ordered by the Court; [ 19 ] MAINTAINS all other measures contained in the court decision rendered on April 4, 2007, if still applicable, especially the placement of X in a foster family until she reaches the age of majority; [ 20 ] 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 its representatives; [ 21 ] ENTRUSTS the youth's situation to the Director of Youth Protection who shall see to the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Gabriel Gaudreault Lawyer for the petitioner M e Daniel Ouellette Lawyer for the youth

M e Claude Beaudet Lawyer for the mother Date of hearing: May 9, 2013