2014 QCCQ 14432, 2014 QCCQ 14432

Protection de la jeunesse — 144588 2014 QCCQ 14432 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT of [...] TOWN OF [...] Youth Division No: 145-51-000002-143 DATE: August 13, 2014 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Child and A and B Parents and C Proposed tutor and THE PUBLIC CURATOR Impleaded party JUDGMENT ON A MOTION TO APPOINT A TUTOR (Sections 70.1 and 75 of 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] A motion to appoint a tutor to the child is referred to the Court by the Director of youth protection in respect of X (2007-[…]) pursuant to

section 70.1 and 75 of the Youth Protection Act. [ 2 ] The motion is based on the following assertions and facts :

a) On January 18 th , 2007, X has been entrusted to his paternal grand-parents under Immediate Protective Measures;

b) On January 19, 2007, the Immediate Protective Measure has been extended for five days;

c) On January 22, 2007, X has been entrusted to his paternal grand-parents until February 1 st 2007;

d) On February 7, 2007, X has been entrusted to his mother as long as she resides at heaven house, and if not, in foster family until March 8, 2007;

e) On March 8, 2007, X has been entrusted to foster family until September 30, 2007;

f) On October 3, 2007, after a postponement of the case, X has been entrusted to foster family until April 3, 2008;

g) On May 7, 2008, after a postponement of the case, X has been entrusted to foster family until his age of majority;

h) Since February 7, 2007, X has been under the care of D and C;

i) X is very well adapted to the family of Mr. C who take great care of him;

j) X has no contacts with his parents since February 2007;

k) It is in the best interest of X that his Youth Protection file be keep until he reaches his majority;

l) The parents are in agreement with the tutorship of X by Mr. C [ 3 ] At the hearing, the parents are absent. [ 4 ] The Public Curator did not appear. [ 5 ] The child's lawyer and the proposed tutor consent to the conclusions of the petition. [ 6 ] The Court studied a tutorship report (Mrs. [Social Worker 2]) and several judgments of the Quebec Court, youth division, in respect of the child. [ 7 ] Considering the report, the evidence and

section 207 of the Civil code of Quebec , the Court considers, in the interest of the child, that the appointment of a tutor is appropriate. WHEREFORE, THE COURT : [ 8 ] APPOINTS Mr. C as the tutor of X ;

[ 9 ] ENTRUSTS X to Mr. C; [ 10 ] ORDERS to the Director of youth protection to keep the youth protection's file of X until he reaches his majority; [ 11 ] ORDERS the execution of the present judgment notwithstanding appeal. The whole without cost. __________________________________ ROBERT LEVESQUE, J.C.Q. Me Lynn-Ann Smith, for the petitioner Me Florence Frappier-Routhier for the child Mr. A and Mrs. B, the parents (absent) Mr. C the proposed tutor