2022 QCCQ 532, 2022 QCCQ 532

Protection de la jeunesse — 22303 2022 QCCQ 532 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] « Youth Division »

No: 145-51-000050-217 DATE: January 26, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X […] Adolescent and A Mother and B C Proposed tutors and LE CURATEUR PUBLIC DU QUÉBEC Impleading party __________________________________________________________________ JUDGMENT ON AN APPLICATION 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) submits to the Court an application to appoint a tutor in respect of the adolescent, pursuant to sections 70.1 and 75 of the Youth Protection Act . [ 2 ] At the hearing, only the adolescent as well as the proposed tutors are present. [ 3 ] Documentary evidence is filed, notably a tutorship report. The proposed tutors also testifies. [ 4 ] The evidence reveals that the adolescent is very well adapted in the proposed tutor’s family.

She has fully integrated in it. She has been entrusted to them since she is one month old [1] . [ 5 ] The proposed tutors consider her as their own daughter. She is doing very well in school as well as in sports activities. The latter describes the adolescent in a very positive way and we notice how much they both love her. They are prepared and they have been prepared for a long time to assume the tutorship of the adolescent. [ 6 ] The mother has contact with her daughter, from time to time, but she does not provide anything for her nor takes care of her needs, nor her education.

The proposed tutors are able to manage the contacts between the adolescent and her mother. The latter made the choice a long time ago not to take care of her child. [ 7 ] The adolescent was already entrusted to C and B until majority [2] . Furthermore, the adolescent and the proposed tutors do not require the support of the DYP. [ 8 ] The mother fails, in fact, to assume the care, maintenance or education of the adolescent. [ 9 ] Considering the evidence adduce; [ 10 ] Considering

section 207 of the Civil code of Québec ; [ 11 ] Considering that the Application is well-founded in fact and in law; [ 12 ] Considering that it is in the best interest of X that C and B are to be appointed as her tutors.

FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the application to appoint a tutor; [ 14 ] DEFERS the tutorship of the adolescent X to C and B; [ 15 ] ENTRUSTS the adolescent X to C and B; [ 16 ] THE WHOLE without costs. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent A the mother (absent) C B the tutors Le Curateur public du Québec Impleading party (absent) Date of hearing: January 25, 2022