2011 QCCQ 16163, 2011 QCCQ 16163

Protection de la jeunesse — 115531 2011 QCCQ 16163 JD 2182 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF […] « Youth Court » N° : 760-51-000067-118 DATE : September 26, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________

IN THE MATTER OF: X Born: […], 1996 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Petitioner -and- A , residing and domiciled at […], city A (Quebec), district A; -and- B , residing and domiciled at […], city A (Quebec), district A; Parents of the youth -and- C , residing and domiciled at […], city B (Quebec), district A; Tutor – Mise en cause -and- LE CURATEUR PUBLIC DU QUÉBEC ; Mis en cause ______________________________________________________________________ JUGMENT ______________________________________________________________________ [ 1 ] The director presents a request to name a tutor for the youth X, born on […], 1996, in République populaire of China. [ 2 ] The youth was adopted by his parents in 2005.

Since June 21 st , 2007, the youth resides outside his family environment and, since Marsh 25 th , 2008, the youth is in the same foster family, namely the family of Mrs. D.

[ 3 ] On October 29 th , 2010, an order from the Youth Chamber Court stated that the youth remains in the care of the foster family where he lives until his age of majority. Also, the parental attributes were withdrawn and contacts between the youth and his parents at the request of the youth. [ 4 ] The youth has all of his needs responded by the foster family and evolves positively. The foster family and the social worker noticed improvement in the behaviour of the youth.

Those progress are not recognized by the parents who believes that he was not so bad when under their care. [ 5 ] The youth developed a significant bond with the foster family he is with and expressed the desire to stay with them at least until his majority. He would like them to be his tutor. [ 6 ] The parents have no contact with the youth since May 2010.

Since the last court order, they failed to call the social worker or to return her call. [ 7 ] Through the years, the parents failed to develop and maintain a significant bond with their adopted child and they also failed to significantly contribute to the youth's welfare. [ 8 ] The parents are not in agreement totally with the fact that Mrs. D could be designated as the tutor of their son, but they want to respect the desire expressed by the youth. [ 9 ] Considering the evidence, the Court is convinced that it is in the interest of the youth to grant the motion and to name Mrs.

D as the tutor of the youth. [ 10 ] Therefore, the Court: [ 11 ] GRANTS the motion; [ 12 ] DEFERES the tutorship of the youth X to Mrs. D; [ 13 ] ENTRUSTS the youth to her tutor Mrs. D; [ 14 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS, J.C.Q. Youth Court Me Caterine Caron Procureure du directeur Date d’audience : 26 septembre 2011