2018 QCCQ 6235, 2018 QCCQ 6235

Protection de la jeunesse — 185874 2018 QCCQ 6235 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF […] N°: 525-51-010462-181 DATE: May 30, 2018 ______________________________________________________________________ BY THE HONOURABLE ANNIE SAVARD, J.C.Q. ______________________________________________________________________ Director of Youth Protection of Youth Protection A Applicant - and - X Born on […] - and - A -and- B Respondents - and - LE CURATEUR PUBLIC DU QUÉBEC Mis-en-cause ______________________________________________________________________ JUDGEMENT 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 is recommending that C be appointed tutor for the child X. [ 3 ] The father’s address is unknown by the Director of Youth Protection. He is not involved in the life of the child and has not been in contact with social services since August 2008. Considering the best interest of the child, the court proceed in the absence of the father. [ 4 ] The mother is present at the hearing.

She 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 submitted exhibits D-1 to D-3 to the case file. [ 6 ] C has been the foster parent of the child and his twin brother since 2009. [ 7 ] On August 30, 2010, the Honorable Justice Daniel Lavery rendered a decision by which he ordered the placement of the child until his age of majority. [ 8 ] Since his placement, the parents have not been involved in the life of the child. [ 9 ] The father has had no contact with the child, nor has he inquired about the child’s wellbeing since August 2008. [ 10 ] The mother has had no contact with the child since 2009 but has been inquiring about the child and collaborating with social services sporadically. [ 11 ] The mother acknowledge that she would not be in a position to assume the care of the child.

[ 12 ] C has ensured that the child’s special needs are met and she is prepared to assume the tutorship of the child and his twin brother. [ 13 ] After considering the documents filed in the record and the position of the mother, the Court determines that the parents both fail, in fact, to assume the care, maintenance or education of the child. [ 14 ] The application is well-founded in fact and in law. [ 15 ] THEREFORE, THE COURT: [ 16 ] GRANTS the Application; [ 17 ] APPOINTS c as tutor for the child X ; [ 18 ] ENTRUSTS the child to C; [ 19 ] 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; [ 20 ] ORDER that the original birth certificate of the child be given to the tutor; [ 21 ] THE WHOLE without cost.

Signed and filed on June 20, 2018 __________________________________ Annie Savard, J.C.Q. AS/ml Me Isabelle Loranger Counsel for the Director of Youth Protection Me François Pelletier Counsel for the child Date of hearing: May 30, 2018