2013 QCCQ 21005, 2013 QCCQ 21005

Protection de la jeunesse — 139391 2013 QCCQ 21005 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-001662-136 DATE: November 11, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [Social Worker 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A. PETITIONER AND X, born on […], 2000.

TEENAGER AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT (Sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare that the security and development of X, thirteen years old, endangered, the parties submitted to this Court a draft agreement on measures to put an end to the situation. [ 2 ] X, who was present, is represented by Maître Myriame Gaudreault. Both parents are present, but not represented.

They were met by Maître Myriame Gau-dreault as a friend of the Court. Maître Gabriel Gaudreault represents the applicant. [ 3 ] The parties admit the following facts: - The youth displays behavioural problems, notably: i. Sniffing; ii. Consuming drugs; iii. Not respecting authority; iv.

Skipping school; - On June 11, 2013, the youth was entrusted to a Reception Center under Provisional Measures; - On July 20, 2013, the youth was returned to his parents since the parents and the youth agreed for him to receive counselling; - However, the youth continued to display behavioural problems; - On September 20 & 30, 2013, the youth was caught sniffing gasoline; - On October 1, 2013, the police had to intervene and bring the youth to the clinic after he was caught sniffing gasoline; - On October 4, 2013, the youth was placed in a Reception Center under Emergency Measures; - The youth does not collaborate with the Youth Protection; - The parents collaborate with the Youth Protection; - The father is presently in a treatment center; [ 4 ] In order to put an end to the situation that endangered the security and development of X, the parties agreed on the following :

- That X be entrusted in (sic) a Reception Center for a period of 7 months with a possible reintegration with the parents when the situation allows it; - Authorize the youth to attend the A Adolescent Treatment Center for his solvant abuse and anger issues during the period of the placement; - Take notice that the youth will attend the Treatment program on November 11, 2013; - That the contacts between the parents and the youth be supervised by the Director of Youth Protection; - That a person working for an institution or a body provide aid, counsel and assistance to the youth and his parents for 12 months; [ 5 ] Both parents declare that they gave a free and enlightened consent to these measures after having received all the relevant information. [ 6 ] On behalf of the teenager, Maître Gaudreault declares that these measures are in the best interest of her young client and respect his rights. [ 7 ] Maître Gaudreault, on behalf of the applicant, declares that if the teenager goes through the whole treatment at A Center, he can be reintegrated with his parents before the end of the 7 months.

If he is expelled from this center or if he refuses to through the whole treatment, he will be brought back in a reception center until the end of the period of 7 months. [ 8 ] The Court is satisfied that the parties gave a free and enlightened consent and that the measures listed in the draft agreement are likely to put an end to the situation that endangers the security and development of X. [ 9 ] For these motives, the Court: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of X are endangered because of behavioural disturbances; [ 12 ] ORDERS the implementation of the measures listed in the draft agreement and CONSEQUENTLY: [ 13 ] ORDERS the placement of X, born on February 8, 2000 in a reception center for a period of 7 months with a possible reintegration with the parents if the situation allows it; [ 14 ] AUTHORIZES the youth to attend the A Adolescent Treatment Center during the placement; [ 15 ] TAKES NOTICE that X will attend the treatment program on November 11, 2013; [ 16 ] ORDERS that contact between the parents and the youth be supervised by the Director of Youth Protection; [ 17 ] ORDERS that a person working an institution or a body provide aid, counsel and assistance to the youth and his parents for a period of 12 months; [ 18 ] ORDERS to 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; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Me Gabriel Gaudreault Lawyer for the applicant Me Myriame Gaudreault Lawyer for the teenager Date of hearing: November 4, 2013