2014 QCCQ 14427, 2014 QCCQ 14427
Opinion
Protection de la jeunesse — 144561 2014 QCCQ 14427 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000511-136 635-41-000512-134 DATE: September 12, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2008 Y , born on[…] , 2007 [SOCIAL WORKER ] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A (Quebec) […] Applicant and A , residing and domiciled in Town A, district A (Quebec) […] Mother and B , residing and domiciled at […], 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 ] After the filing of a petition asking the Court to review a decision rendered by Judge Claude Bigué on May 28, 2013, pursuant to
section 38 of the Youth Protection Act concerning X, born on […], 2008, and Y, born on […], 2007, the parties submit to this Court a draft agreement for each child on measures to put an end to the situation. [ 2 ] The parents are present and represented by their lawyers. A lawyer represents the children. [ 3 ] The parties acknowledge the facts that still endangered the security or development of the children and the drafts details those facts.
The measures recommended to the Court in order to put an end to that situation are enumerated in the drafts agreement filed as an exhibit on D-6 in a bundle. [ 4 ] Even if the drafts agreement are not dated they were filed as an exhibit on September 2, 2014 and all the parties were present. [ 5 ] The consent of the parties was given in a free and enlightened manner and this was verified by the Court with the parties. [ 6 ] 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 endangered pursuant to the law.
These measures respect the children's best interest. For these reasons the Court: [ 7 ] maintains that the security or development of X, born on […], 2008, and Y, born on […], 2007, is still compromised pursuant
section 38 of the Youth Protection Act ; [ 8 ] Ratifies the measures enumerated in the drafts agreement filed as an exhibit on D-6 in a bundle; [ 9 ] Orders the implementation of these measures; [ 10 ] Entrusts the situation of X and Y to the Director of Youth Protection A for the execution of this judgment.
__________________________________ Josée Bélanger, J.C.Q. Me Camille Provencher, attorney for the Director of Youth Protection Me Stéphanie Gauvreau, attorney for the children Me Marie-Claude Degagné, attorney for the mother Me Angèle Tommasel, attorney for the father Date of hearing: September 2, 2014
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