2016 QCCQ 2247, 2016 QCCQ 2247

Protection de la jeunesse — 1627 2016 QCCQ 2247 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Division »

File number : 145-51-000002-168 DATE : March 14, 2016 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ X , born on [...], 2009 Child -and- THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- A , Mother -and- B , Proposed tutor -and- LE CURATEUR PUBLIC DU QUÉBEC , Implicated party ______________________________________________________________________ CORRECTED JUDGMENT ______________________________________________________________________ WARNING : Court records relating to the adoption of a child are confidential and no identifying information about the child , his parents, guardian or adoptive parents may be published or distributed , except to comply with the law (article . 815.4 CPC and 582 CCQ) .

The rectification of the judgment dated February 3rd, 2016 in this case is necessary in order to arrive at a change in paragraph 3. [ 1 ] A motion to appoint a tutor at X, born on [...], 2009, is referred to the court by the Director of youth protection pursuant to

section 70.1 and 75 of the Young Protection Act. [ 2 ] At the hearing, the mother, Mrs A is present. A lawyer represents the child. Mrs A testifies that she agrees with the petition. “The mother feels comfortable with this decision, due to the positive communication that she has with the foster home” writes Mrs [Social Worker 1] in her report, as exhibit D-1. [ 3 ] X is five years old. On March 14, 2012, our collegue Mr Justice Lévesque, entrusted him to a foster family of B until his age of majority.

His twin sister, Y, lives with them too, and an older sister. [ 4 ] Mrs A, the mother, still struggles with addictions and personal problems. Mrs [Social Worker 1] writes about her : ” Although the mother missed appointments, the mother did not make a significant change in her social, psychological, or physical wellbeing to demonstrate she is capable of being full time mother to her child [1] .” [ 5 ] Mr B testifies at court that X is well. He integrates to the family and the bond with them is strong.

Mrs [Social Worker 1] writes : “ He has adapted very well with the family and has had all his psychological, emotional, social needs met to grow into a healthy functioning adult [2] . ” [ 6 ] In these circumstances, the Court has the evidence that it is the best interest of the child to grant the motion. WHEREFORE THE COURT : [ 7 ] GRANTS the petition;

[ 8 ] APPOINTS Mr B as a tutor for the child X; [ 9 ] ENTRUSTS the child X to Mr B; [ 10 ] ORDERS to the Youth Protection Delegate to keep the youth protection’s file of X until he reaches his majority. WITHOUT LEGAL COSTS. __________________________________ DENIS PARADIS, J.C.Q. Me Louyse A. Lemieux for the petitioner Me Kimon Kling for the child Mrs A The mother Mr B Proposed tutor Le Curateur public du Québec, Implicated party Date of hearing : February 3 rd , 2016