2017 QCCQ 6812, 2017 QCCQ 6812

Protection de la jeunesse — 173057 2017 QCCQ 6812 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000754-176 DATE: May 26, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...] in City A, district A, [...] Applicant -and- X, domiciled at [...] in City B, district A, [...] Adolescent -and- MRS A, domiciled and residing at [...] in City B, district A, [...] Mother -and- MR B, domiciled and residing at [...] in City B, district A, [...] Father ______________________________________________________________________ JUDGMENT ON A DRAFT AGREEMENT (Sec. 76.3 and 76.4 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 makes an application to have the security and the development of X, born on [...], 2001, declared endangered. [ 2 ] The parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and the development of the adolescent. [ 3 ] The adolescent and the parents are present and represented. [ 4 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner.

The parties acknowledge the following facts which endanger the security and the development of X: 2.1 The parents separated several years ago; 2.2 Following the separation, the mother was given custody of the adolescent; 2.3 The parents have a good relationship; 2.4 Since last January, the adolescent tried to commit suicide on two occasions; 2.5 During the last months, sometimes, it has been difficult for the mother to provide the adolescent with the appropriate supervision and support; 2.6 The adolescent is the object of an agreement on voluntary measures since March, 2017; 2.7 As it appears from that agreement on voluntary measures, the adolescent has been entrusted to a foster family in March; 2.8 In the last months, the adolescent also received services from a pediatrician, a child psychiatrist and a psychologist; 2.9 Since the agreement on voluntary measures was reached, the adolescent's situation is not improving;

2.10 On April 7, the adolescent was hospitalized for a psychiatric assessment after she had a panic attack at school; 2.11 The adolescent was returned to her foster family after spending six (6) days at the hospital; 2.12 On April 27, the adolescent was brought to the hospital after she cut herself while she was in her bedroom in her foster family's residence; 2.13 The adolescent was also asserting that she was thinking to throw herself in front of a speeding vehicle; 2.14 The same day, on April 27, the director took an immediate protective measure and entrusted the adolescent to a rehabilitation center; 2.15 Presently, neither the parents nor a foster family can provide the adolescent the supervision and support that she needs; [ 5 ] They also agree on several measures in order to put an end to the situation which endangers the adolescent’s security and development: 3.1 That an organization provide aid, counselling or assistance to the child and the child's parents for a period of one year; 3.2 That the youth be entrusted to a rehabilitation centre for 4 months with a progressive integration to a foster family where she will continue to stay for the duration of this measure; 3.3 That X continue to receive her psychological follow-up for as long as deemed necessary by the professional; 3.4 That the mother pursue her psychological follow-up with the professional for as long as deemed necessary by the professional; 3.5 That the contacts between the parents and the child be supervised by the Director of Youth Protection as for the modalities, the frequency and length; 3.6 That the parents and X accept the exchange of information between all the professionals involved in X’s life; 3.7 That the parents report periodically to the director on the measures they apply in their own regard or in the child`s regard to put an end to the situation in which the security or development of the child is in danger; [ 6 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the adolescent.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of the youth are in danger according to sections 38(f) , serious behavior disturbances and 38(

b) iii. of the Youth Protection Act ; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement sighed and submitted by the parties; [ 10 ] ORDERS the parties to respect these measures; [ 11 ] ORDERS that any police officer to collaborate in the execution of the present order, if required; [ 12 ] ENTRUSTS the situation of the adolescent to the Director of the Youth Protection for the purpose of executing the measures agreed upon between the parties. __________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Peggy Warolin Lawyer for the adolescent M e Daniel Ouellette Legal Aid Lawyer for the parents Date of hearing: May 18, 2017