2018 QCCQ 19053, 2018 QCCQ 19053

Protection de la jeunesse — 1810204 2018 QCCQ 19053 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002130-174 DATE: August 31, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother ______________________________________________________________________ JUDGMENT (sections 95 (2) of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A submits to the Court an application in revision of the judgment rendered on November 21, 2017, by judge Guy Lecompte, J.C.Q., concerning the situation of X, 13 years old. [ 2 ] At the hearing, the youth and the mother are present, assisted by Me Cassandra Neptune and Me Angele Tommasel.

Me Sarah Bourgeois Lessard represents the applicant. [ 3 ] 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. The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the youth and the draft detailed these facts: 2.1 Since the last Court hearing, the youth remained at the [A] rehabilitation Center in Town A; 2.2 The youth still displays serious behaviour issues, notably displaying aggressive behaviours; 2.3 The youth was brought at least three (3) times in the isolation room of the rehabilitation center to ensure the security of others; 2.4 In April 2018, the youth broke a television for which he was sentenced of fifty (50) hours of community work; 2.5 The youth collaborates for the application of his calendar of free times and family week-ends; 2.6 During his free times, the youth often goes to his paternal grandmother, Ms.

B, and to his aunt, Mrs. C, and it goes well; 2.7 The contacts between the mother and the youth are irregular; (Exact reproduction) [ 4 ] In order to put an end to the situation of danger for the youth’s security or development, the parties agree on the following measures: 3.1 That the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre with a possible reintegration in a foster family as soon as the situation allows it;

3.2 That the Director of Youth Protection determine a life plan for the child aimed at ensuring continuity of care, a stable relationship and a stable living conditions corresponding to the child’s needs and age; 3.3 That the youth receive specific health care and health services; specifically with his Attention Deficit Hyperactivity Disorder (ADHD); 3.4 That the youth attend a school or another place of learning or participates in a program geared to developing skills and autonomy; 3.5 That the youth and the youth’s family receive the services of an external educator for the period deemed necessary by the professionals; 3.6 That the mother seek help through the Social Services concerning personal issues, namely her mental health issue; 3.6 That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until July 12, 2019; 3.7 That the situation pf the youth, X, be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out. (Exact reproduction) [ 5 ] The Court is of the opinion that the measures respect the rights and interest of the youth.

FOR THOSE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] DECLARES that the security and development of X, born on [...], 2004, are still compromised; [ 8 ] ENDORSES the draft agreement and ORDERS to the parties to conform to it; [ 9 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation center, chosen by the institution operating a child and youth protection center with a possible reintegration in a foster family as soon as the situation allows it; [ 10 ] ORDERS that the Director of Youth Protection determine a life plan for the youth aimed at ensuring continuity of care, a stable relationship and a stable living conditions corresponding to the youth’s needs and age; [ 11 ] ORDERS that the youth receive specific health care and health services, specifically with his Attention Deficit Hyperactivity Disorder (ADHD); [ 12 ] ORDERS that the youth attend a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 13 ] ORDERS that the youth and the youth’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 14 ] ORDERS that the mother seek help through the Social Services concerning personal issues, namely her mental health issue; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family until July 12, 2019; [ 16 ] ORDERS any police officer to collaborate in the execution of the judgment; [ 17 ] ENTRUST the situation of the youth to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the youth Me Sarah Bourgeois Lessard Attorney for the applicant Me Angele Tommasel Attorney for the mother Date of hearing: July 25, 2018