2018 QCCQ 3066, 2018 QCCQ 3066

Protection de la jeunesse — 182478 2018 QCCQ 3066 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Div ision » N° : 650-51-000674-189 DATE : March 28, 2018 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. IN THE SITUATION OF THE TEENAGER : X and [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Applicant and A Mother and B Father and C Tutor and PUBLIC CURATOR OF QUEBEC Respondent JUDGMENT 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 Court hereby confirms and motivates in writing the decision rendered on the bench on March 28 th , 2018, on a Tutorship Application regarding X (17 years old) and Y (15 years old). [ 2 ] The teenagers’ maternal filiation and paternal filiation was proven by the act of birth.

They don’t have any tutor. [ 3 ] Their care, maintenance or education has not been provided by their mother and father and they risk being at risk if they return to live with their parents. [ 4 ] The teenagers have been the object of protective measures and placements under the Youth Protection Act for several years due to their parents’ inability to ensure their care, maintenance and education. [ 5 ] Since then, Mrs.

C has been catering to the needs of the teenagers, and she is ready to assume their tutorship. [ 6 ] Over the years, X 's situation has often been a concern for the foster family because of her personal difficulties. However, each time her safety or integrity could have been jeopardized, Ms. C and Mr. D have been transparent, collaborative and highly supportive. They have demonstrated impressive proactivity, wanting to do everything in their power to support the teenager and address her

difficulties. [ 7 ] The couple has demonstrated that it knows which resources can help her and is able to mobilize them to ensure her well-being. [ 8 ] It is in X's interest to preserve this relationship. Therefore, the guardianship project is a positive element for her and is in her best interest. [ 9 ] Y has been living with the C/D family since 2003. Considering her establishment with them for several years, she considers them as her parents and maintains a close relationship with them, mainly with Ms. C. [ 10 ] Her older sister X also contributes to her well-being in the host family.

Indeed, the two sisters have a very significant relationship. [ 11 ] Y still enjoys an adequate and safe environment where she is developing very well. She is performing in all spheres of her life, and the project of tutelage will be beneficial to normalize her situation. [ 12 ] The Director of Youth Protection considers that tutorship is the measure most likely to protect the interest of the teenagers and ensure the respect of their rights. [ 13 ] The application, to which the parties consent, is in the best interest of the teenagers, and thus should be granted.

FOR THESES REASONS, THE COURT : GRANTS the present application; APPOINTS the tutorship of X to Mrs. C ; ENTRUSTS the teenager to her tutor; THE whole with no costs. __________________________________ LOUISE GALLANT, J.C.Q. M e Dominic Cormier Attorney for the Youth Protection M e Chantal Gaudreau Attorney for the teenager Date of hearing: March 28, 2018