2012 QCCQ 15584, 2012 QCCQ 15584

Protection de la jeunesse — 123257 2012 QCCQ 15584 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] « Youth division » N° : 635-41-000466-125 DATE : May 8, 2012 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 2000) JUDGMENT ON A MOTION FOR PROTECTION (Sec. 38, Youth Protection Act) [ 1 ] The Director of Youth Protection asks the Court to declare in danger the security and development of the youth X (2000-[…]). [ 2 ] The youth was, in April 2012, victim of physical abuse by her father, then by her sister after witnessing physical abuse by her sister's boyfriend on his own children. [ 3 ] The youth was displaying behavior problems at home and the parents were not disciplining her properly or knowing how to do it properly, admitting that there was a lack of supervision at home. [ 4 ] At school, her behavior was unstable, but she attended school regularly and had good marks. [ 5 ] The parents cooperate correctly with the D.Y.P. [ 6 ] The youth does not accept refusals and reacts strongly to such refusals. [ 7 ] Placed in a foster home, she ran away when she was facing refusals. [ 8 ] The youth displayed behavior problems in the past and recently. [ 9 ] The parents are presently unable to put in place a structured and supervised environment needed by their child's behavior problems. [ 10 ] The youth needs a structured environment to learn how to accept rules and refusals and to control her behavior that a foster family cannot provide. [ 11 ] FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motion for protection; [ 13 ] DECLARES that the security and development of the youth X are in danger; [ 14 ] ORDERS that the child be placed in a rehabilitation center for a maximum of 4 months with a gradual return in her family if the situation permits it; [ 15 ] ORDERS that the father seek help for his personal issues;

[ 16 ] ORDERS that the parents report periodically to the D.Y.P. on the measures they apply on their own regard and their child's regard and take an active

part in the measures ordered in order to put an end to the situation of compromission; [ 17 ] ORDERS a social follow-up for the youth and her parents for a period of one year; [ 18 ] ORDERS a psychological evaluation for the youth and that the report be sent to the lawyers as soon of possible; [ 19 ] ORDERS that the parents work on their parental skills, namely the way to give rules and how to discipline their child; [ 20 ] ORDERS the contacts between the youth and her parents to be organized and encouraged bye the D.Y.P. PC/nc PAUL CHEVALIER, J.C.Q. Me Marianne Gagnon-Bourget, For the D.Y.P.

Me Marie-Claude De Gagné, For the youth, present. Me Myriam Gaudreault, For the parents, present. Date of the hearing : May 8, 2012.