2022 QCCQ 4836, 2022 QCCQ 4836

Protection de la jeunesse — 223390 2022 QCCQ 4836 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-51-000010-187 DATE: February 2, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 [SOCIAL WORKER A], in her quality of authorized person by the Director of Youth Protection of A C.Y.P.C., having a place of business in [...], Applicant and A, deceased, Mother and B, Father and C, Tutor ______________________________________________________________________ APPLICATION FOR REPLACEMENT OF TUTOR (Section 37 Par. 3 & 252 C.c.p. and

section 206 and 206) ______________________________________________________________________ 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 youth, X was born on […], 2007, in Town A, to A. [ 2 ] On March 27, 2018, after the passing of the mother, the honourable Jean Gravel, J.C.Q., declared Ms.

C tutor for the youth. [ 3 ] The Director of youth protection (DYP) is alleging that the youth would likely be in danger if return to the care of the actual tutor. [ 4 ] To summarize, the DYP alleges that the youth and her siblings were mistreated by their actual legal tutor. [ 5 ] Therefore, the DYP is asking the Court to replace Ms C as tutor for the youth and to appoint tutorship of the youth to the Director of Youth Protection. POSITION OF THE PARTIES [ 6 ] Ms. [Social worker A], social worker for the DYP, testified about the steps she took to reach the father before the day of the present hearing.

He was served the documents and she talked to him this morning. The father clearly expressed that he did not want to come to Court today and he added that he wanted his daughter X to be entrusted to a particular foster family. [ 7 ] Therefore, the Court DECLARES having jurisdiction to proceed in the absence of the father. [ 8 ] The child is not present but she is represented.

Since her lawyer could not find her and therefore could only talk to her siblings, X was represented on a legal mandate. [ 9 ] Furthermore, the youth’s lawyer submits to the Court that the measures suggested are in the best interest of the youth. Facts [ 10 ] The DYP filed its documentary evidence and Ms. [Social worker A] also testified. [ 11 ] The Court’s decision is based on that unchallenged evidence. analysis

[ 12 ] From the evidence, the Court concludes that the youth was neglected by her tutor and that she was the victim of physical abuse by her on many occasion. [ 13 ] It is also proven that the tutor, Ms C, was consuming alcohol almost every day and that she did not adequately provide food to the youth. [ 14 ] The evidence established clearly that the youth was subjected to numerous forms of neglect and that many events occurred over many months. [ 15 ] After careful analysis of all the evidence, the Court concludes that the security and development of the youth are indeed in danger on many aspects under the care of Ms.

C and also concludes that the replacement of Ms. C as the tutor for the youth, is needed and in her best interest. FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] REPLACES Ms. C as tutor for the youth X; [ 18 ] APPOINTS the tutorship of the youth to the Director of Youth Protection of A C.Y.P.C.; [ 19 ] ORDERS the execution of the present judgment notwithstanding appeal; [ 20 ] THE WHOLE without costs. Signed on March 25, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli Cain Lamarre, s.e.n.c.r.l.

Counsel for the Applicant Me Cassandra Neptune Centre communautaire juridique A Counsel for the child Date of hearing: February 2, 2022