2022 QCCQ 4259, 2022 QCCQ 4259

Protection de la jeunesse — 222847 2022 QCCQ 4259 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-51-000008-181 DATE: February 2, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2011 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A , C.Y.P.C., having a place of business in [...] , Applicant and A, deceased, Mother and B, Tutor ______________________________________________________________________ APPLICATION FOR REPLACEMENT OF TUTOR (Section 37 Par. 3 & 252 C.c.p. and

section 206 and 206 ) ______________________________________________________________________ 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 ] The child, X was born on […], 2013, in Town A, to A. [ 2 ] On March 27, 2018, after the passing of the mother, the honourable Jean Gravel, J.C.Q., declared Ms.

B tutor for the child. [ 3 ] The Director of Youth Protection (DYP) is alleging that the child would likely be in danger if return to the care of the actual tutor. [ 4 ] To summarize, the DYP alleges that the child and his sibling were mistreated by their actual legal tutor. [ 5 ] Therefore, the DYP is asking the Court to replace Ms. B as tutor for the child and to appoint tutorship of the child to the Director of youth protection. POSITION OF THE PARTIES [ 6 ] The legal tutor, Ms.

B is absent and she is not represented. [ 7 ] Ms. [Social worker 1], social worker for the DYP, testified about the steps she took to reach the tutor before the day of the present hearing. She was served the documents and Ms. [Social worker 1] also testified that Ms.B told her that she didn’t want to come to court today and also that she agreed to be replaced as tutor for the child and his siblings. [ 8 ] Therefore, the Court DECLARES having jurisdiction to proceed in the absence of the tutor. [ 9 ] The child is not present, but he is represented.

Through his lawyer, he admits all the factual allegations of the DYP and he agrees with the demand of the DYP. [ 10 ] Furthermore, the child’s lawyer submits to the Court that the replacement of Ms. B as the child’s tutor is in the best interest of the child. Facts [ 11 ] The DYP filed its documentary evidence and Ms [Social worker 1] also testified. [ 12 ] The Court’s decision is based on that unchallenged evidence. analysis

[ 13 ] From the evidence, the Court concludes that the child was neglected by his tutor and that he was the victim of physical abuse by her on many occasion. [ 14 ] It is also proven that the tutor, Ms.

B, was consuming alcohol almost every day and that she did not adequately provide food to the child. [ 15 ] As a consequence of the abuse the child was subjected to, he ran away from the tutor’s home for a period of 10 days and when he was located, he expressed not wanting to go back. [ 16 ] The evidence established clearly that the child was subjected to numerous forms of neglect and that many events occurred over many months. [ 17 ] After careful analysis of all the evidence, the Court concludes that the security and development of the child are indeed in danger on many aspects under the care of Ms.

B and also concludes that the replacement of Ms. B, as the tutor for the child, is needed and in his best interest. FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] REPLACES Ms. B as tutor for the child X; [ 20 ] APPOINTS the tutorship of the child to the Director of Youth Protection of the A, C.Y.P.C.; [ 21 ] ORDERS the execution of the present judgment notwithstanding appeal; [ 22 ] THE WHOLE without costs. Signed on March 25, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q. Me Justine Carli Cain Lamarre, s.e.n.c.r.l.

Counsel for the Applicant Me Cassandra Neptune Centre communautaire juridique A Counsel for the child Date of hearing: February 2, 2022