2022 QCCQ 4412, 2022 QCCQ 4412

Protection de la jeunesse — 223122 2022 QCCQ 4412 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-51-000052-213 DATE: June 20, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2008 Child and A B Parents and C Proposed Tutor and LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT TO APPOINT A TUTOR ______________________________________________________________________ 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 and 9.3 and 135 Y.P.A.). [ 1 ] An application to appoint a tutor is referred to the Court by the director of youth protection (DYP) in respect of the child, pursuant to

section 70.1 of the Youth Protection Act . [ 2 ] At the hearing, the father was absent, even if he was duly notify of the application to appoint a tutor. Regarding the mother, the DYP asks to be exempted from the notification of the application to her, since it is difficult to reach her, and she often moves back and forth between Quebec and New Brunswick.

Moreover, a specialized firm was hire to retrace her, without success [1] . [ 3 ] The child, through her counsel’s, consent to the conclusions of the application as well as the proposed tutor. [ 4 ] The evidence reveals that the child has been entrusted to the proposed tutor, under youth protection orders, since she is 3 years old. She is fully integrated in the family and she is doing very well in this environment. She feels comfortable and safe there. The proposed tutor takes good care of h er .

The latter makes sure that the child visits her siblings, especially on holidays and birthdays. [ 5 ] The father lives in the United States and visits his daughter when he comes in the area. The child has minimal contacts with her mother, but she enjoys them. However, they are inconsistent just like her collaboration with the DYP over time. The proposed tutor can manage these contacts without any problem and there is no problem of communication or issues with the parents. [ 6 ] The child was already entrusted to this family until she reaches her majority.

However, neither the child nor the foster family needs the support of the DYP anymore. [ 7 ] Considering the tutorship report, the evidence and

section 207 of the Civil code of Québec , the Court concludes, in the interest of the child, that the appointment of a tutor is appropriate. From this day forwards, the tutor will act as the person having parental authority, following

section 186 of the Civil code of Québec . THEREFORE, THE COURT: [ 8 ] GRANTS the application to appoint a tutor;

[ 9 ] APPOINTS C as a tutor for the child X; [ 10 ] ENTRUSTS the child X to C; [ 11 ] ORDERS to the youth protection delegate to keep the youth protection’s file of the child until she reaches 19 years old. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Ms. A the mother (absent) Mr. B the father (absent) Ms. C the proposed tutor Le Curateur public du Québec implicated party (absent) Date of hearing: June 10, 2022