2012 QCCQ 9288, 2012 QCCQ 9288

Protection de la jeunesse — 123043 2012 QCCQ 9288 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 505-41-006883-120 DATE : April 26, 2012 ______________________________________________________________________ BY THE HONOURABLE L’HONORABLE JEAN GRAVEL ______________________________________________________________________ IN THE MATTER OF THE CHILD: X, born on […], 1996 Child v. [SOCIAL WORKER 1] Petitioner and A B Parents ______________________________________________________________________ JUGEMENT (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-2 & D-3) in the record, as the minutes of the hearing show. [ 3 ] The security and the development of the child are considered to be in danger for the following reasons: • The child lives with her mother on a full time basis, she visits her father when she decides; • The child is diagnosed with Dysthymic Disorder, Adjustment Disorder with Mixed Disturbances of Emotion Conduct, Borderline traits and she is prescribed 20mg of Prozac; • The child does not take her medication regularly; • The child is displaying negative behaviors, she is oppositional, defiant, combative and verbally aggressive; • It is a daily struggle to get the child to do anything; • The child has chronic suicidal ideation and she self mutilates by cutting her do ream; • The child tries to control her mother, father and step mother by making accusations of abuse; • The child does not respect the rules of the homes (mother's and father'

s) and she attempts to split the family in order for communication between the parents to break down by making false accusations; • On December 20, 2011, the child was asked to leave the school, she was reportedly disrupting the class, not wanting to participate in class, not doing her homework and not attending school on a regular basis; • K.S.C.S. social services has been called several times to help the parents and the child resolve conflict; • On March 28, 2012, the child threatened to run away and she refused to telle her whereabouts; • Both parents are in agreement with the child being placed for thirty (30) days in a rehabilitation center [ 4 ] The facts alleged by the Director Youth Protection were admitted and proven to the satisfaction of the Court. [ 5 ] X agreed that she had no alternative to suggest to the rehabilitation center.

X was very sad and clearly wanted to go live with her

family. [ 6 ] X needs to stabilize her situation. She needs help to get better and feel better.

X is suffering but very motivated to go back in her natural environment. [ 7 ] Mother agreed with the suggestions of measures to be taken but insisted that X not be separated from her family go a too long period. [ 8 ] X is showing behavior problems that put her security at risk, she needs help. [ 9 ] THEREFORE, THE COURT: [ 10 ] DECLARE that the security and the development of the child X are in danger; [ 11 ] MAINTAINS the child X in a reception center for a period of six (6) months and this will include a plan to integrate her to her parents care during this period; [ 12 ] ORDERS THE WHOLE MEASURES FOR one (1) year; [ 13 ] ORDERS the contact and visitation between X and her parents and extended family to be agreed between the parties; [ 14 ] ORDERS the child X to continue with her psychological/psychiatric services and follows recommendations, and that the parents, including Ms.

C participate upon request and follow recommendations; [ 15 ] RECOMMENDS the child X and her parents, including Ms. C continue with the family therapy and follow recommendations; [ 16 ] RECOMMENDS the parents, including Ms. C undergo a full psychological assessment to assess individual needs and to follows recommendations; [ 17 ] ORDERS the child X her parents, including Ms.

C meet with their case worker on a regular scheduled basis to work on decisions regarding X's well-being and to update their situation; [ 18 ] ORDERS that a person working for a body or an establishment provides to the child X and her family aid, counsel and assistance; [ 19 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of le Centre Jeunesse Afor the execution of the judgment; [ 20 ] THE WHOLE WITHOUT COST. __________________________________ JEAN GRAVEL , juge Cour du Québec Chambre de la jeunesse Me Marie-Ève Garceau, counsel for the DYP Me Jean-Pierre Gaudreau, counsel for the child Date of hearing: April 26. 2012