2016 QCCQ 10914, 2016 QCCQ 10914

Protection de la jeunesse — 164749 2016 QCCQ 10914 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-51-000080-168 DATE: July 14, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2002 Child -and- A -and- B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON A MOTION TO APPOINT A TUTOR ______________________________________________________________________ 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, pursuant to

section 70.1 and 75 of the Youth Protection Act. [ 2 ] Neither parent is present at the hearing but they both provided written consents to the motion. [ 3 ] The Public Curator did not appear. [ 4 ] The child’s counsel and the proposed tutor consent to the conclusions of the motion. [ 5 ] Documentary evidence is filed, notably a psychosocial report. The proposed tutor also testifies. [ 6 ] The evidence reveals that the child is very well adapted to the family of the proposed tutor. He is considered as part of that family. He is entrusted to Mrs. C, under youth protection orders, since he was two years old.

His older brother also lives there. [ 7 ] The child has to cope with a mild intellectual deficiency, a speech disorder and attention deficit disorder. He evolves positively in school and at home. He develops his social and academic skills to his own pace. He attends an adapted program in school. He is a happy teenager. [ 8 ] The proposed tutor describes the child as a kind, generous, fantastic boy. She is well aware of his special needs. She takes very good care of him and is committed to continue doing so for the future. [ 9 ] The child sees his parents when he wishes to.

Contacts are managed by the proposed tutor. She has a respectful relationship with the parents and invites them home for special events. [ 10 ] The child was already entrusted to a foster family until he reaches his majority. However, neither the child nor Mrs C needs the support of the Director of youth protection anymore. [ 11 ] Considering the report, the evidence and

section 207 of the Civil code of Québec , the Court concludes, in the interest of the child, that the appointment of a tutor is appropriate.

WHEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] APPOINTS Mrs. C as a tutor for the child X; [ 14 ] ENTRUSTS the child X to Mrs. C. __________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Kimon Kling for the child Mrs. A the mother (absent) Mr. B the father (absent) Mrs. C the proposed tutor Date of hearing: June 6, 2016