2017 QCCQ 1647, 2017 QCCQ 1647
Opinion
Protection de la jeunesse — 17473 2017 QCCQ 1647 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-002168-167 DATE: February 6, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE PRATTE, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Adolescent A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, 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 Court is seized of a motion under
Section 95 of the Youth Protection Act . [ 2 ] At the beginning of the hearing, the attorney for the Director of Youth Protection stated that this motion is based on the following motives:
a) The father has left the region and we have no contact with him since November;
b) X was to leave with his father for Africa at the end of the present measure, but the father left without him and no one knows his whereabouts and he has cut all communication;
c) X functions well in the rehabilitation centre when he is present at the centre;
d) X ran away a few times from the centre and came back under the influence of drugs;
e) Due to the high risk of psychosis, it is in the best interest of X to be in a well-structured and secured environment of a rehabilitation centre; [ 3 ] The Court, with the consent of the attorney, read the report (D-1) filed by M e Sandra Couture, attorney for the Director of Youth Protection; [ 4 ] Given the absence of the father and X’s consent of all parties with the social practitioner's recommendations; THEREFORE THE COURT : GRANTS the motion; DECLARES that the security and the development of the adolescent are still compromised; REVISES AND EXTENDS the decision rendered on October 6, 2016; ORDERS that the adolescent be entrusted to a rehabilitation centre until he reaches his majority, on […], 2017;
ORDERS that the contacts between the adolescent, his father, his brothers, his sister and Mrs. C be according to a mutual agreement of all parties; ORDERS that the adolescent actively participate in the applied measures to put an end to the situation that compromise his security (follow-ups for his drugs consumption and his mental health); ORDERS , in the eventuality of the return of Mr.
B to Canada, that he report his situation to the Director of Youth Protection every second week and that he demons-trate the means taken to put an end to the situation compromising his son’s safety; ORDERS that X participate in the applied measures to put an end to the situation that compromised his security; RECOMMENDS that X participate in a follow-up for his drug consumption and mental health issues; ORDERS that a person working for a CISSSA/CJA institution or body provide aid, counsel and assistance to the adolescent and his family until the majority of the adolescent, on […], 2017; ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ MARIE PRATTE, J.Q.C.
Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Daniel Lessard Counsel for the adolescent Date of hearing: February 6, 2017
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