2023 QCCQ 9040, 2023 QCCQ 9040

Protection de la jeunesse — 235825 2023 QCCQ 9040 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-51-000071-239 DATE: November 9, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2021 Child -and- A B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON A MOTION TO APPOINT A TUTOR (Section 70.1 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to appoint a tutor to the child, namely his paternal grandmother. The child has been living with his grandmother since he was born. [ 2 ] The DYP worked with the family following agreements on voluntary measures, until recently. [ 3 ] The Court entrusted the child to the grandmother, on a provisional basis, in August of 2023. [ 4 ] The Court is also seized with an application for protection concerning the child.

However, the child will not be in need of protection any longer if the Court appoints the grandmother as his tutor. [ 5 ] The parents cannot assume their parental duties. The child’s safety would be at risk if he went back to his parents, because of the parents’ personal issues. The father agrees with the tutorship.

The mother does not attend the hearing, and the Court is not aware of her position concerning the tutorship. [ 6 ] The child’s lawyer is in agreement with the application. [ 7 ] The grandmother wishes to be appointed as a tutor, and she is able to manage contact with the parents. [ 8 ] The application is in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application; [ 10 ] REFERS a tutor for the child X and that this tutor be Ms C; [ 11 ] ENTRUSTS the child to his tutor; [ 12 ] THE WHOLE without costs.

__________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Ms A Mother (absent) Mr B Father Ms C Proposed tutor Le Curateur public du Québec Implicated party (absent) Written judgment filed on November 9, 2023