2023 QCCQ 9037, 2023 QCCQ 9037

Protection de la jeunesse — 235822 2023 QCCQ 9037 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-51-000066-239 DATE: November 13, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2013 Child -and- A B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON AN APPLICATION TO APPOINT A TUTOR (Section 70.1 Youth Protection Act) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to appoint a tutor to the child, namely Ms C. [ 2 ] Neither parent is present at the hearing, so the Court is not aware of their position regarding the application. Child’s counsel agrees with the application, at the light of the evidence. [ 3 ] The DYP has been involved in the child’s life for several years, because of the parents’ personal issues.

In 2014, the child is removed from his parents’ care and entrusted to his paternal grandfather and his spouse, as a foster family. The child has remained there ever since. [ 4 ] On February 1, 2017, the Court orders that the child be entrusted to his foster family until he reaches his majority. Unfortunately, the grandfather died a few years ago, but his spouse still is the child’s foster family. She is the proposed tutor. [ 5 ] The parents are not involved in the child’s life. [ 6 ] Ms C takes good care of the child.

They have a close bond. [ 7 ] Ms C understands what tutorship means and she is willing to take upon that responsibility. She can manage contact with the parents if need be. [ 8 ] Entrusted to his tutor, the child will not be in need of protection anymore. [ 9 ] The evidence convinces the Court that the application is well founded. FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] APPOINTS Ms C as a tutor for the child X; [ 12 ] ENTRUSTS the child to his tutor;

[ 13 ] ORDERS that the parties concerned by this judgment comply with it; [ 14 ] THE WHOLE without costs. __________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms A Mother (absent) Mr B Father (absent) Ms C Proposed tutor Le Curateur public du Québec Implicated party (absent) Date of hearing: November 9, 2023