2023 QCCQ 9043, 2023 QCCQ 9043

Protection de la jeunesse — 235828 2023 QCCQ 9043 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-51-000074-233 DATE: November 9, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2015 Child -and- A B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON A MOTION 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 his grandmother. The child has been living on and off with his maternal grandmother for a couple of years. They have a strong bond. [ 2 ] The Court entrusted the child to the grandmother, on a provisional basis, in August of 2023. [ 3 ] The Court is also seized with an application for protection concerning the child.

However, the child will not be in need of protection any longer if the Court appoints the grandmother as his tutor. [ 4 ] The parents cannot assume their parental duties. The child’s safety would be at risk if he went back to his parents, because of the parents’ personal issues. The parents agree with the tutorship. [ 5 ] The child’s lawyer is also in agreement with the application. [ 6 ] The grandmother wishes to be appointed as a tutor, and she is able to manage contact with the parents.

She also makes sure that the child has regular contact with his older brothers. [ 7 ] The application is in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 8 ] GRANTS the application; [ 9 ] REFERS a tutor for the child X and that this tutor be Ms C; [ 10 ] ENTRUSTS the child to his tutor; [ 11 ] THE WHOLE without costs.

__________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Ms A Mother Mr B Father Ms C Proposed tutor Le Curateur public du Québec Implicated party (absent) Written judgment filed on November 9, 2023