2020 QCCQ 13962, 2020 QCCQ 13962

Protection de la jeunesse — 2010080 2020 QCCQ 13962 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-51-000020-202 DATE: October 8, 2020 (written judgment rendered on December 7, 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, (deceased), Father and C and D, residing and domiciled in [...] Involved Party and LE CURATEUR PUBLIC DU QUÉBEC, having a 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 ] An application to appoint a tutor to the child is referred to the Court by the Director of Youth Protection (DYP) in respect of X, born on […], pursuant to

section 70.1 of the Youth Protection Act . [ 2 ] Both parents are deceased. The Public Curator did not appear. [ 3 ] The adolescent is represented by Me Cassandra Neptune.

X who is living with her grandparents since her birth is in agreement with the application. [ 4 ] The grandparents, proposed tutors, are not present nor represented, but have signed a sworn declaration confirming their consent. [ 5 ] The DYP filed the tutorship report, and the DYP worker testified. [ 6 ] The evidence reveals that the child is, as mentioned, living with her grandparents since her birth, but she is also entrusted to them until her majority since she was 3 years old. [ 7 ] The adolescent is doing very well in every sphere of her life.

She is excelling in school and she is a member of the hockey and volleyball teams of her school. [ 8 ] She practises a lot of traditional activities with her grandparents and with her extended family member to whom she is very close. [ 9 ] The grandparents are able to impose structure to her and to fulfill all her needs without any help from the DYP. [ 10 ] The application is in the best interest of the adolescent. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application;

[ 12 ] APPOINTS C and D as tutors for the youth; [ 13 ] ORDERS the execution of the present judgment notwithstanding appeal; [ 14 ] THE WHOLE without costs. __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Date of hearing: October 8, 2020