2012 QCCQ 17940, 2012 QCCQ 17940

Protection de la jeunesse — 127401 2012 QCCQ 17940 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 760-41-004296-128 DATE : November 12, 2012 ______________________________________________________________________ BY THE HONOURABLE L’HONORABLE JEAN GRAVEL ______________________________________________________________________ IN THE MATTER OF THE CHILD: X, born on […] 1999 Child v. [SOCIAL WORKER 1] Petitioner and A B Parents ______________________________________________________________________ JUDGMENT (article 38 de la L.P.J.) ______________________________________________________________________ [ 1 ] In accordance with

section 38 of the Youth Protection Act, the Court is seized of a motion to have the security and development of X declared in danger for the reasons appearing in paragraph of the motion. [ 2 ] With consent and to serve as evidence, the Director of Youth Protection filed various exhibits (D-1 to D-5) in the record, as the minutes of the hearing show. [ 3 ] Through his attorney, the mother admits all of the allegations. The mother agreed with the measures sought. [ 4 ] Through his attorney, the child admits all of the allegations.

The child agreed with the measures sought. [ 5 ] The Director of Youth Protection alleges that the security and development of X born […] 1999 are in danger for the following reasons: ⇒ The situation of the child have been the subject of a notice retained by the Director of the Youth protection related to her serious behavioural problems; ⇒ The child has certain behavioural difficulties namely; .1. Impulsivity; .2. Opposition; .3. Provocation; .4. Verbally and physically aggressive with siblings, peers and her mother; .5.

School problems; ⇒ Since November 2010, the child has been the subject of voluntary measures; ⇒ The child was placed in a rehabilitation center from November 2010 to December 2010; ⇒ From December 2010 to date, the child shared her time between her mother and her paternal grandmother house; .1. From December to March 2011 and from June 2011 to January 2012, the child with her mother siblings; .2. From mid-March 2011 to the end of June 2011 and from January 2012 to date, the child was entrusted to her parental grandmother;

⇒ The mother is at times overwhelmed by the child behaviour; ⇒ The mother and the child both know that it's not possible for them to live together; ⇒ The child maintains regular contacts with her mother over the summer period; ⇒ The father lives in the same house as the grandparents, and her older sister, Y. [ 6 ] X and her siblings have been affected by the conflicts between their parents that prevailed for the last years. [ 7 ] The family has been subject of voluntary measures since December 16 th 2010. [ 8 ] Knowing the necessity to continue the intervention, the Director of Youth Protection presented the case of X to Court. [ 9 ] The child and her mother presented themselves in Court.

Everyone agreed with the measures proposed by the Director. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the present motion; [ 12 ] DECLARES that the security an development of the child X are in danger; [ 13 ] ENTRUSTS the child X to her grandparents for a one (1) year period; [ 14 ] ORDERS that aid, counsel and assistance be provided to the child X and her family; [ 15 ] ORDERS that child X receives the services appropriate to her needs; [ 16 ] AUTHORIZES the contacts between the child X and her mother be upon an agreement between the parties; [ 17 ] ORDERS that child X and her parents take an active

part in the application of the measures; [ 18 ] ENTRUST the situation of the child X to the Director of Youth Protection of le Centre Jeunesse A for the execution of the judgment; [ 19 ] THE WHOLE FOR A PERIOD OF ONE YEAR. [ 20 ] THE WHOLE WITHOUT COST. __________________________________ JEAN GRAVEL , juge Cour du Québec Chambre de la jeunesse Me Caterine Caron, Counsel for the DYP Me Karine Poissant, Counsel for the child Me Annie Girard, Counsel for the mother Date d’audience : November 12, 2012