2020 QCCQ 10499, 2020 QCCQ 10499

Protection de la jeunesse — 208326 2020 QCCQ 10499 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-51-000033-205 DATE: December 11, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2007 Child -and- A -and- B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON A APPLICATION 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 is referred to the Court by the director of youth protection (DYP) in respect of the child, pursuant to sections 70.1 and 75 of the Youth Protection Act. The child’s sister is aimed by the same application. [ 2 ] The mother is present at the hearing and she is in agreement with the application.

The father was advised, but he is absent. [ 3 ] The Public Curator did not appear. [ 4 ] The child, through her counsel’s voice, 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. She is considered as part of that family. She has been entrusted to the proposed tutor, under youth protection orders, for 9 years. Her sister also lives there. [ 7 ] The proposed tutor states the child is doing very well.

She takes good care of her and is committed to continue doing so for the future. [ 8 ] The child sees her parents occasionally. Contacts are managed by the proposed tutor. The latter has a respectful relationship with the parents. She is aware of the parents’ personal issues and able to manage contact in the best interest of the child. [ 9 ] The child was already entrusted to a foster family until she reaches her majority. However, neither the child nor the foster family needs the support of the DYP anymore. [ 10 ] 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. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application to appoint a tutor;

[ 12 ] APPOINTS Ms. C as a tutor for the child X; [ 13 ] ENTRUSTS the child X to Ms. C; [ 14 ] ORDERS that contact between the mother and the child take place following agreement between the tutor, the child and the mother; [ 15 ] THE WHOLE without costs. __________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Me Ann-Chloé Boudreau for the mother Mr. B the father (absent) Ms. C the proposed tutor Le Curateur public du Québec implicated party (absent) Date of hearing: December 9, 2020