2013 QCCQ 18708, 2013 QCCQ 18708
Opinion
Protection de la jeunesse — 137279 2013 QCCQ 18708 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 635-41-000529-138 DATE: Hearing and oral judgment: November 14, 2013 Written judgment: December 11, 2013 ______________________________________________________________________ BY THE HONOURABLE JUANITA WESTMORELAND-TRAORÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born […], 1996 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A working in City A Applicant -and- A residing and domiciled in City B , Quebec, district A Mother -and- B, residing and domiciled in City B, Quebec, district A Father ______________________________________________________________________ JUDGMENT - DRAFT AGREEMENT (
Section 95 ( par.3) , Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] The Court is seized of a Motion in Revision pursuant to
Section 95 ( par.1) of the Youth Protection Act , hereinafter referred to as the Act. [ 2 ] The Director of Youth Protection is seeking placement of X until December 20, 2013, a psychological evaluation of X, and aid, counsel and assistance for X and her family until she reaches the age of majority in […] 2014. [ 3 ] The adolescent X is present and represented by her lawyer; [ 4 ] The parents are present and represented by their lawyer; [ 5 ] The Revision Report prepared by the Human Relations Officer [Social Worker 1], dated August 31, 2013, and filed as Exhibit D-2 , reveals that X continues to exhibit serious behavioural problems; [ 6 ] X remains out late at night, and at times has stayed away all night; [ 7 ] X has consumed illegal substances; [ 8 ] X has attempted suicide and been evacuated for treatment; [ 9 ] The foster home has repeatedly requested that X be transferred; [ 10 ] At the hearing of this Motion, a draft agreement was filed, as Exhibit D-3, consenting to a finding of compromission of the security and development of X, as well as to the following measures: a psychological evaluation of X, her parents seeking assistance with their issues, and aid, counsel and assistance for X until her age of majority; [ 11 ] The Court considers that this agreement is in the best interest of X and respects her rights and renders judgment according to the terms of the agreement;
[ 12 ] FOR THESE MOTIVES, THE COURT: GRANTS the Motion in Revision; DECLARES that the security and development of X continue to be in danger; ORDERS that the adolescent X be entrusted to a Rehabilitation Center until December 20, 2013; ORDERS that an educator be provided to the home to assist and support X and her family; ORDERS that X complete a psychological evaluation; ORDERS that the parents seek help to address their personal issues; ORDERS that a person working for an institution or body provide aid, counsel and assistance to X and her family until her age of majority ENTRUST the situation of the child X to the Director of Youth Protection A who shall then see that the measures are carried out. _______________________________________ JUANITA WESTMORELAND-TRAORÉ, J.C.Q.
M e Marie-Claude Degagné Lawyer for the teenager M e Robert-André Adam Lawyer for the D.Y.P. M e Stéphanie Gauvreau Lawyer for the parents
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