2020 QCCQ 13963, 2020 QCCQ 13963
Opinion
Protection de la jeunesse — 2010081 2020 QCCQ 13963 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-51-000021-200 DATE: November 27, 2020 (written judgment rendered on December 18, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […] [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C, working in [...] Applicant and A, deceased Mother and B, residing and domiciled in [...] Proposed tutor and LE CURATEUR PUBLIC DU QUÉBEC, having its place of business at [...] Impleaded party ______________________________________________________________________ JUDGMENT TO APPOINT A TUTOR ( Sections 70.1 and 75 , Youth Protection Act , L.R.Q., c.
P-34.1 ) ______________________________________________________________________ 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 applicant is duly authorized by the Director of Youth Protection A Health Centre to apply for the appointment of a tutor. [ 2 ] The child, X was born on […], in Town A. She is the daughter of A and she has no declared father.
Her mother, A passed away in […]. The child has no dative tutor. [ 3 ] On June 21, 2011, the child was the object of a decision of the Court of Quebec, Youth Division and she was entrusted to C until the age of majority. The child had been declared admissible to adoption, but the adoption was never completed. [ 4 ] On October 11, 2019, C gave up on X and left her with her daughter B.
On November 29, 2019, the child was the subject of a decision of the Court of Quebec, Youth Division and she was entrusted under the care of B. [ 5 ] B is a significant person for the child as she has been the caregiver of the child for the last 12 months and known from her for 12 years. [ 6 ] B is prepared to assume the tutorship of the child. [ 7 ] It is in the best interest of the child that B be appointed as the tutor of the child. [ 8 ] The child is still the subject of a judgment of the Court of Quebec that declared her security and development compromised, as it appears from the sworn declaration being produced as Exhibit D-5.
FOR THOSE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] APPOINTS B as the tutor for the child; [ 11 ] ENTRUSTS the child to B; [ 12 ] ORDERS the execution of the present judgment notwithstanding appeal; [ 13 ] THE WHOLE without costs.
__________________________________ PEGGY WAROLIN , J.C.Q. Me Karianne Asselin, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the proposed tutor Date of hearing: November 27, 2020
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