2013 QCCQ 7577, 2013 QCCQ 7577

Protection de la jeunesse — 132844 2013 QCCQ 7577 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Division" No: 145-41-000391-117 DATE: June 12, 2013 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ A Petitioner and X , born on [...], 2006 Child and B Mother ______________________________________________________________________ JUDGMENT JP2122 ______________________________________________________________________

[ 1 ] The Court is seized with a petition for revision and extension of an order. All parties chose to proceed by fast track under

section 95, 3 rd paragraph of the youth protection act. They signed an agreement of non-attendance by the parties to an uncontested Court hearing. That document states their consent to the measures that appear on the petition. [ 2 ] On March 11, 2013, the Court grants a petition for revision of an order.

Justice Levesque writes in his judgment that : "The Court concludes from the whole evidence including the medical reports that the Director of youth protection did prove on a balance of probabilities that the children are subjected and run a risk to be subjected to unreasonable methods of upbringing by their mother who does not take the necessary steps to put an end to the situation as she denies it." [ 3 ] At that time, the children are entrusted to a foster family on a provisory basis since October 2012. [ 4 ] On March 11, the Court orders that the child remain in a foster family until the end of June. [ 5 ] Although the mother still denies the facts that led to her children being entrusted to a foster family, she cooperates with the director of youth protection.

There are regular contacts between the mother and her two children and, since the beginning of May, visits are not supervised any more. [ 6 ] Most of the time, the mother's interventions towards her children are adequate. The mother is now able to maintain her house in a good state. Moreover, the mother started follow-ups at the CLSC concerning her personal issues. The relationship between the two children has improved, their behaviour also has. [ 7 ] The situation permits to foresee the return of the children at their mother's.

However, there is still concern in regards to the mother's willingness to maintain follow-ups on a regular basis and lasting in time. The two children remain vulnerable and help is still required. THEREFORE, THE COURT: [ 8 ] GRANTS the present petition; [ 9 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act; [ 10 ] REVISES AND EXTENDS the Court order rendered on March 11, 2013; [ 11 ] ORDERS that X be entrusted to a foster family until August 31, 2013 with progressive reintegration with the mother; [ 12 ] ORDERS that X be entrusted to his mother on September 1, 2013; [ 13 ] ORDERS that the mother continue her follow-up at the CLSC until deemed necessary by the professionals; [ 14 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to X and his family until June 30, 2014; [ 15 ] ENTRUSTS the situation of X to the director of youth protection of the Centre Jeunesse A for the carrying out of the present measures.

__________________________________ JANICK POIRIER, J.C.Q. ME LOUYSE A. LEMIEUX for the petitioner ME FLORENCE FRAPPIER-ROUTHIER for the child MRS B the mother Written judgment filed on June 26, 2013