2015 QCCQ 12703, 2015 QCCQ 12703
Opinion
Protection de la jeunesse — 152541 2015 QCCQ 12703 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000666-156 610-41-000667-154 DATE: July 3, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2006 Y , born on […], 2003 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection working at the Centre Jeunesse A, having a place of business at […] in City A, district A (Quebec) […] Applicant and A , residing and domiciled at […] in City B, district A (Quebec) […] Mother and B , residing and domiciled at […] in City B, district A (Quebec) […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 Director of Youth Protection asks the Court to declare the security or development of X, born on […], 2006 and Y, born on […], 2003 endangered pursuant to sections 38 b) 1° (ii), b) 1° (iii) and b) 2° of the Youth Protection Act . [ 2 ] The children are represented. The mother is present and represented.
The father is present and does not wish to be represented even if the Court explains to him his right in that regard. [ 3 ] The parties do not challenge the petitions filed by the Director of Youth Protection. Instead they submit two draft agreements. In those agreements the parties acknowledge the facts that endangered the security or development of the children and the drafts detail those facts. They propose different measures to put an end to that situation. [ 4 ] The consent of the parties is given in a free and enlightened manner.
The Court verified the validity of these consents. [ 5 ] The Court is of the opinion that these measures are likely to put an end to the situation in which the security or development of the children is compromised and respect their interest.
For these reasons the Court: [ 6 ] Declares that the security or development of X, born on […], 2006 endangered pursuant to sections 38 b) 1° (iii) and b) 2° of the Youth Protection Act ; and for Y, born on […], 2003 endangered pursuant to sections 38 b) 1° (ii), b) 1° (iii) and b) 2° of the Youth Protection Act ; [ 7 ] Orders the implementation of the measures mentioned in the draft agreements filed on D-11; [ 8 ] Entrusts the situation of the children to the Director of Youth Protection for the execution of the present judgment.
__________________________________ Josée Bélanger, J.C.Q. Me Julie Lemire, attorney for the Director of Youth Protection Me Daniel Ouellette, attorney for the children Me Peggy Warolin, attorney for the mother Date of hearing: May 7, 2015
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