2021 QCCQ 6354, 2021 QCCQ 6354

Protection de la jeunesse — 214070 2021 QCCQ 6354 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-51-000342-206 DATE: May 12, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born [...], 2009 Child ______________________________________________________________________ [SOCIAL WORKER 1], Director of Youth Protection of the CISSS A Applicant -and- A B Parents -and- C Tutor/Impleaded party -and- LE CURATEUR PUBLIC DU QUÉBEC Impleaded party ______________________________________________________________________ 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 ] Since 2014, the child resides with Ms. C, his godmother and second cousin, in virtue of successive protection orders. On August 29, 2016, the Court orders that he be maintained there until his majority. [ 2 ] The Director of Youth Protection seeks the designation of Ms. C’s as tutor to the child. [ 3 ] The parents do not respond to the duly served application.

The attorney for the child subscribes to the orientation sought. [ 4 ] The evidence demonstrating the conditions required for the implementation of a tutorship, follows are the reasons justifying the endorsement of the application. Analysis and decision [ 5 ] The Court cites the legislative foundation of the Director's request as provided in the Youth Protection Act : 70.1 If a child is in one of the situations described in

section 207 of the Civil Code and the director has taken charge of the child's situation, the director may apply to the tribunal to be appointed as tutor or to have a person he recommends appointed as tutor if he considers that tutorship is the measure most likely to protect the interest of the child and ensure the respect of his rights.

Following the application, the tribunal may appoint a tutor if it considers, in the interest of the child, that such a measure is appropriate. The rules of the Civil Code apply to the tutorship, subject to the provisions of this Act. [ 6 ] As prescribed in the preceding article, the Court must conclude to existence of one of the conditions of

article 207 of the Civil Code , which provides: The director of youth protection or the person recommended as tutor by him may also apply for the institution of tutorship to an orphan who is a minor and who has no tutor, or to a child whose father and mother both fail, in fact, to assume his care, maintenance or education, or to a child who in all likelihood would be in danger if he returned to his father and mother. [ 7 ] The Court applies these principles to the situation of the child. [ 8 ] The child is developing well with Ms. C and her spouse.

He maintains a significant bond with them, considering this environment his home and its members, his family. He rarely refers to his parents. [ 9 ] Few contacts occur between the child and his father, the last being in June 2016. Since February 2017, the father ceases all implication. [ 10 ] The mother maintains sporadic and unstable contact with her son in his foster environment since 2017, these occurring approximately twice a year.

Her involvement in the follow-up is minimal. [ 11 ] The parents also fail to invest themselves in the rehabilitation of the issues leading to the Director’s involvement, nor do they contribute to his care, maintenance or education. [ 12 ] Ms. C is willing and able to continue her parental role towards X, without the accompaniment of the Director of Youth Protection. [ 13 ] Deferring tutorship is therefore the most normalizing solution for the child, while reflecting his best interests. FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DEFERS the tutorship of the child X to Ms.

C; [ 16 ] ENTRUSTS the child to his tutor, Mrs. C; [ 17 ] THE WHOLE without cost. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Audrey-Ann Monière Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: May 12, 2021 Date of signature : June 21, 2021