2012 QCCQ 12196, 2012 QCCQ 12196
Opinion
Protection de la jeunesse — 123933 2012 QCCQ 12196 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division NO: 640-41-001470-126 DATE: June 20, 2012 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [INTERVENANT 1] , Youth Protection Worker duly authorized by the Director of Youth Protection A of Health and Social Services A PETITIONER AND X Born on […], 1998 YOUTH AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ON DRAFT AGREEMENT ______________________________________________________________________ [ 1 ] After the filing of a motion asking the Court to declare the security and the development of X, born on […], 1998, compromised, the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the youth. [ 2 ] All the parties are represented by lawyers.
The father is not present, but the situation was discussed between both parents and the position of the mother also represents the father's position. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner.
They acknowledge the facts that endanger the security and development of X. [ 4 ] The measures proposed are the following: 3.1 That the youth be entrusted to an institution operating a rehabilitation centre for a period of 12 months with a possible reintegration with the parents if the situation allows it; 3.2 That the youth attends (sic) school on a regular basis; 3.3 That the youth receive specific health services, notably a psychological follow-up; 3.4 That a person working for an institution or body provide aid, counselling and assistance to the youth and the parents; 3.5 That the situation of the youth be entrusted to the Director of Youth Protection for the purpose of the execution of the measures recommended; [ 5 ] The Court is of the opinion that these measures are likely to put an end to the situation and respect the rights and interests of X. [ 6 ] For these reasons, the Court: [ 7 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on May 30. 2012; [ 8 ] And consequently: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and development of X, born on […], 1998, are endangered in regard to paragraph f) of
section 38 of the Youth Protection Act ;
[ 11 ] ORDERS the placement of X in a reception centre for a period of one year; [ 12 ] RECOMMENDS that X be place at A Group Home; [ 13 ] ORDERS that X attend school on a regular basis; [ 14 ] ORDERS that X receive specific health services such as a psychological follow-up; [ 15 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and the parents; [ 16 ] 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; [ 17 ] ENTRUSTS X's situation to the Director of Youth Protection for the purpose of the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.
M e Marianne Gagnon-Bourget Lawyer for the petitioner M e Daniel Ouellette Lawyer for the youth M e Claude Beaudet Lawyer for the parents Date of hearing: May 31, 2012
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