2014 QCCQ 7991, 2014 QCCQ 7991

Protection de la jeunesse — 141539 2014 QCCQ 7991 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-51-000076-141 DATE: May 5, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCIE MORISSETTE, J.C.Q. ______________________________________________________________________ IN THE CASE OF THE CHILD : X , Born on [...] A Petitioner and B Mother and C Proposed tutor and The Public Curator Impleaded party ______________________________________________________________________ JUDGMENT TO APPOINT A TUTOR ( Sections 70.1 and 75 , Youth Protection Act, R.S.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 ] A motion to appoint a tutor in respect of X ( [...] ) is referred to the Court by the Director of Youth Protection pursuant to sections 70.1 and 75 of the Youth Protection Act . [ 2 ] The petition is based on the following assertions and facts:

a) X has a maternal filiation, by act of birth;

b) X does not already have a dative tutor;

c) The mother fails in fact, to assume the care, maintenance or education of the child and the child would in all likelihood be in danger if returned to the care of the mother, more particularly but not restrictively in that:

d) The mother has recently moved to Province A and is now in agreement with tutorship of X by the maternal grandmother;

e) On April 4, 2012, X has been entrusted to her maternal grandmother under immediate protective measures that were extended on April 10, 2012;

f) On April 12, 2012, X has been entrusted to his maternal grandmother until May 14, 2012;

g) On June 11, 2012, after a postponement of the case and extension of the order rendered on April 12, 2012, the security and development of X has been declared to be in danger, and he has been entrusted to his maternal grandmother until June 30, 2013;

h) On August 19, 2013, after postponement of the case and extensions of the order rendered on June 11, 2012, the security and development of X has been declared to be still in danger, and he has been entrusted to his maternal grandmother until June 30, 2014;

i) Since April 2012, the maternal grandmother has taken very good care of X , providing him with support and love;

j) X is well adapted to his life with his grandmother and community;

k) The maternal grandmother is very involved with all medical follow-up for X ;

l) X does not need support from the Youth Protection Delegate anymore;

m) The maternal grandmother intends to maintain the contacts between X and his mother, respecting the wish of the child;

n) It is in the best interest of X that his Youth Protection file be keep until he reaches his majority. [ 3 ] At the hearing, the mother is absent but she wrote a consent regarding the appointment of her mother as tutor of her son. The Public Curator did not appear. [ 4 ] The child's lawyer and the proposed tutor consent to the conclusions of the petition. [ 5 ] Mrs C is the grandmother of the child X and she is prepared to assume the tutorship of her grandchild. [ 6 ] It is in the best interest of the child X that Mrs C be appointed as tutor of the child. [ 7 ] Considering the report's content, the evidence and

section 207 of the Civil code of Quebec , the Court considers, in the interest of the child, that the appointment of a tutor is appropriate. WHEREFORE, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] APPOINTS Mrs C as a tutor for the child X ; [ 10 ] ENTRUSTS the child X to Mrs C ; [ 11 ] ORDERS to the Youth Protection Delegate to keep the youth protection file’s of X until he reaches his majority. __________________________________ LUCIE MORISSETTE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Gisèle Cayouette, for the child Mrs B , the mother (absent) Mrs C , the proposed tutor The Public Curator, the impleaded party (absent) Date of hearing: May 5, 2014