2018 QCCQ 6233, 2018 QCCQ 6233

Protection de la jeunesse — 185875 2018 QCCQ 6233 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF […] N°: 525-51-010449-188 DATE: June 4, 2018 ______________________________________________________________________ BY THE HONOURABLE ANNIE SAVARD, J.C.Q. ______________________________________________________________________ Director of Youth Protection of Youth Protection A Applicant - and - X Born on [...], 2016 - and - A -and- B Respondents - and - LE CURATEUR PUBLIC DU QUÉBEC Mis-en-cause ______________________________________________________________________ JUDGMENT ON A MOTION TO appoint a tutor (Section 70.1 and 75 of the Youth Protection Act) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2, 11.2.1 and 135] [ 1 ] The Court was presented with an Application by the Director of Youth Protection for the appointment of a tutor under

section 70.1 of the Youth Protection Act . [ 2 ] The Director of Youth Protection recommends that C be appointed tutor for the child X. [ 3 ] The mother’s address is unknown by the Director of Youth Protection. She has not been involved in the life of the child since October 2017 and has not been in contact with social services since December. Considering the best interest of the child, the court proceeds in the absence of the mother. [ 4 ] The father is present at the hearing.

He is in agreement with the application of the Director to appoint C as tutor for the child. [ 5 ] In support of his application, the Director submits exhibits D-1 and D-2 to the case file. [ 6 ] The child’s situation was signalled to youth protection at birth, given parental history of instability and substance abuse issues; [ 7 ] The child has been in the care of the paternal grandfather and his spouse since his birth due to the parents’ inability to assume the care of the child; [ 8 ] C has ensured that the child’s needs are met and he is prepared to assume the tutorship of the child; [ 9 ] The parents’ struggle with substance abuse issues, which they have not addressed, as well as their instability; [ 10 ] The parents are not in a position to assume the care of the child; [ 11 ] After considering the documents filed in the record and the position of the father, the court determine that the parents both fail,

in fact, to assume the care, the maintenance or education of the child; [ 12 ] The application is well-founded in fact and in law. [ 13 ] THEREFORE, THE COURT: [ 14 ] GRANTS the Application; [ 15 ] APPOINTS C as tutor for the child X ; [ 16 ] ENTRUSTS the child to C; [ 17 ] ORDERS that an extract of the judgment, in addition to the full written version of the judgment, be sent by the court clerk to the appointed tutor C; [ 18 ] ORDERS that the original birth certificate of the child be given to the tutor; [ 19 ] THE WHOLE without cost.

Signed and filed on June 26, 20118 __________________________________ Annie Savard, J.C.Q. AS/ml Me Christine Waldvogel Counsel for the Director of Youth Protection Me Sylvie Piriou Counsel for the child Date of hearing: June 4, 2018