2018 QCCQ 5810, 2018 QCCQ 5810

Protection de la jeunesse — 185053 2018 QCCQ 5810 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] N° : 610-51-000074-186 DATE : July 11, 2018 ______________________________________________________________________ BY THE HONORABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...]; Applicant -and- X , presently hosted at [...]; Child -and- A , domicilied and residing at [...]; Mother -and- B , domiciled and residing at [...]; Father -and- C , domiciled and residing at [...]; Impleaded party -and- LE CURATEUR PUBLIC DU QUÉBEC , having a place of business at 600, boulevard René- Lévesque Ouest in Montréal (Québec), H3B 4W9 ; Impleaded party ______________________________________________________________________ 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 is seized of an application to appoint a tutor according to

section 70.1 and ss. and 75 of the Youth Protection Act , asking this Court to appoint Mr. C as tutor to the child X, born on [...], 2006. [ 2 ] This day, the child and applicant are present and represented. Mr. C, impleaded party, as well as his spouse, Mrs. D, are present at the hearing. As for the parents, they are not present at the hearing. The mother was served the motion on January 9, 2018. She informed Me Daniel Ouellette, counsel for the child, that she would not be in Court, but that she agrees with the application. As for the father, he was served on February 12, 2018.

Given the implication of the parents in the file, the Court allows the hearing of the motion in their absence. SITUATION [ 3 ] On December 2, 2014, the Quebec Court (Youth Chamber), ordered the entrustment of the child to a foster family until he reaches his majority; copy of the said order is filed under D-3. [ 4 ] The mother, Mrs A, age 35, is the mother of five children who range from 20 to 7 years old. She sometimes residing in the area A (City A), and sometimes in City B. Even though, she has completed a therapy in 2015 to treat her personal problems.

However, it appears that she is still experiencing difficulties in her romantic relationships (instability) and with her addiction to drugs and alcohol. [ 5 ] The father, Mr. B, according to the Director of Youth Protection’s file, has a little involvement with Youth Protection services and continues to have problems (couple instability and alcohol and drugs addiction). [ 6 ] The parents are aware that they can communicate with Mrs D or Mr. C and set up time to visit their son. The couple also encourages contacts between the child and his siblings.

"They are always welcome in our home", stated the couple during a meeting with Director of Youth Protection. [ 7 ] Both parents struggle with personal issues and consuming drugs and/or alcohol. Both parents love their child, but they are not

able to take care of him for a long period of time. [ 8 ] The child has grown to be very attached to Mr. C and Mrs D. [ 9 ] Since the child situation is stable in his present foster home, he, according to the Director of Youth Protection, is no longer in need of protection. Moreover, the child maintains contact with his sister who lives in the same community and with his parents on occasion. [ 10 ] Though, Youth Protection services will end if the Court accepts the guardianship, Mr.

C or his spouse would not hesitate to consult on behalf of the child in the future. [ 11 ] The child has been living with his foster family since October 2013. As they have demonstrated to us in the past, Mr. C and his spouse, Mrs. D, are capable of managing the contacts between the child, the mother, the father, the siblings and the extended family. [ 12 ] Mr. C assesses the necessary qualities and commitments to assume the responsibility of guardianship of the child until he reaches the age of majority and even more. Mr. C is intuitive and adequately meets the needs of the child.

ANALYSIS [ 13 ] As mentioned above, the child is very attached to Mr. C and Mrs. D. The child was already entrusted to them until he reaches the age of majority. Both Mr. C and Mrs. D are happy and ready to assume the responsibility of guardianship of the child. It is in the best interest of the child that this application be granted. FOR THESE MOTIVES, THE COURT: [ 14 ] GRANTS the application; [ 15 ] APPOINTS Mr. C as tutor to the child X, born on [...], 2006; [ 16 ] ACKNOLEDGES that in accordance with

section 70.2 of the Youth Protection Act , the Director of Youth Protection shall put an end to his intervention regarding the child; [ 17 ] ORDERS that a copy of the Court order be served by the Court clerk to the impleaded party Le Curateur Public du Québec; [ 18 ] ORDERS the execution of the judgement notwithstanding appeal; [ 19 ] THE WHOLE without costs. __________________________________ MARC E. GRIMARD, J.C.Q. M e Julie Lemire Counsel for the applicant M e Daniel Ouellette Counsel for the child Date of hearing: February 21, 2018