2021 QCCQ 1686, 2021 QCCQ 1686

Protection de la jeunesse — 21834 2021 QCCQ 1686 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-51-000055-217 DATE: February 18, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2013 Child -and- A -and- B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON A MOTION 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 ] 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 sections 70.1 and 75 of the Youth Protection Act . [ 2 ] Both parents are present at the hearing and they are in agreement with the application. [ 3 ] The public curator did not appear. [ 4 ] The child, through her counsel’s voice, and the proposed tutor also consent to the conclusions of the motion. [ 5 ] Documentary evidence is filed, notably a psychosocial report.

The proposed tutor also testifies. [ 6 ] The evidence reveals that the child is very well adapted to the family of the proposed tutor. She has been entrusted to the proposed tutor, under youth protection orders, since 2014. [ 7 ] The proposed tutor states the child is doing very well. She takes good care of her and is committed to continue doing so for the future. [ 8 ] The child sees her parents occasionally. Contacts are managed by the proposed tutor. The latter has a respectful relationship with the parents.

She is able to manage contact in the best interest of the child. [ 9 ] The child was already entrusted to a foster family until she reaches her majority. However, neither the child nor the foster family needs the support of the DYP anymore. [ 10 ] Considering the 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 now on, the tutor will act as the person having parental authority, following

section 186 of the Civil code of Québec . FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application to appoint a tutor; [ 12 ] APPOINTS Ms. C as a tutor for the child X;

[ 13 ] ENTRUSTS the child X to Ms. C. __________________________________ JANICK POIRIER, J.C.Q. Me Myriam Dufresne for the applicant Me Mylène Murray for the child Ms. A the mother Mr. B the father Ms. C the proposed tutor Date of hearing: February 9, 2021