2023 QCCQ 9545, 2023 QCCQ 9545

Protection de la jeunesse — 236257 2023 QCCQ 9545 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 565-51-000006-234 DATE: September 13 th , 2023 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ In the situation of: X , born on [...], 2018 ___________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of Le Centre intégré de santé et de services sociaux A Applicant and A , domiciled or residing at [...] Respondent mother and B , unknown address Respondent father and C , domiciled or residing at [...] Tutor-impleaded party and Commission des droits de la personne et des droits de la jeunesse , having its place of business at [...] Respondent and Le curateur public du Québec , having its place of business at [...] Impleaded party ______________________________________________________________________ JUDGMENT (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 (the Director) presents a motion to appoint Mrs. C as tutor of X, aged 4, pursuant to

section 70.1 of the Youth Protection Act and

section 207 of the Civil Code of Quebec . [ 2 ] The Director further recommends that the Court entrust the child to her tutor and that contacts between the child and her parents

be determined according to the modalities established by agreement between the tutor and the parents. Finally, the Director recommends that the tutor be allowed to consent alone to the health care and services required by the child. [ 3 ] The mother agrees with the motion, as does the child’s counsel. The father’s address and whereabouts are unknown. He was notified by public notice, to no avail. ANALYSIS [ 4 ] The appointment of a tutor is a two-step process, whereby the Court must first determine whether the child is in one of the situations described in

section 207 of the Civil Code of Quebec . If this condition is met, the Court must then determine whether the appointment of the tutor is appropriate and in the best interest of the child. [ 5 ] The Director has been involved in the situation of this child since her early age because of physical neglect and a serious risk of neglect. The child was entrusted to the kinship foster family of Mrs. C, the maternal great-aunt, when she was four months old. On September 22 nd , 2021, this Court entrusted the child to the kinship foster family of Mrs. C until the child reaches majority. [ 6 ] The child has special needs.

She has been diagnosed with an autism spectrum disorder and requires both a very stable environment and a strict routine. She is thriving under the care of her great-aunt. [ 7 ] The mother knows that the child has developed a strong bond with Mrs. C and that she considers Mrs. C’ home as her own. Hence, the mother recognises that the child would likely be in danger should she be returned to the care of her parents. As to the father, he is neither involved in the life of the child nor collaborating. [ 8 ] The evidence is conclusive that the child finds herself in one of the situations described in

section 207 of the Civil Code of Quebec . [ 9 ] It is clearly in the child’s interest to appoint Mrs. C as the child’s tutor. Mrs. C has been meeting the child’s every need since her very young age and has her wellbeing at heart. She agrees with the motion and is aware of what tutorship entails, having been entrusted with this responsibility with regards to the child’s brother. She also maintains a positive relationship with the child’s mother. [ 10 ] The tutorship means that the Director will put an end to her intervention in accordance with

Section 70.2 of the Youth Protection Act , thereby allowing the child to continue to develop in a normal setting. [ 11 ] The Director’s request that the Court allow the tutor to make decisions regarding the child’s health care and services is superfluous considering

section 186 of the Civil Code of Quebec , which provides for the tutor to act as the person having parental authority. [ 12 ] THEREFORE THE COURT : [ 13 ] GRANTS the motion; [ 14 ] APPOINTS Mrs. C as tutor for the child X; [ 15 ] ENTRUSTS the child to her tutor; [ 16 ] ALLOWS contacts between the child and her parents to be determined by agreement between the tutor and the parents; [ 17 ] ORDERS the execution of this decision notwithstanding appeal; [ 18 ] THE WHOLE without costs. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C.

M e Elodie Cantin Counsel for the Director of Youth Protection M e Amélie Samson Counsel for the mother M e Andréa Caron Counsel for the child Mr. B Father – absent at the hearing Date of hearing: September 13 th , 2023.