2017 QCCQ 4388, 2017 QCCQ 4388

Protection de la jeunesse — 171440 2017 QCCQ 4388 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-51-000003-174 DATE: February 6, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2000 Adolescent -and- A Mother -and- B 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 adolescent 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 ] The mother is present at the hearing and she consents to the motion. [ 3 ] The Public Curator did not appear. [ 4 ] The adolescent 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 adolescent is well adapted to the family of the proposed tutor. She has known them all her life.

In fact, the proposed tutor is the adoptive sister of the adolescent and also her biological aunt. [ 7 ] The adolescent was entrusted to the proposed tutor and her spouse, as a foster family, in 2010. She is considered as part of the family. She has a very good relationship with the proposed tutor. The latter says they have a mother and child bound. The adolescent goes to school, works part-time at a daycare and is involved in sports and cultural activities. [ 8 ] The mother suffers from significant disabilities.

She could not take care of the youth on a daily basis because she lacks parental capacities. [ 9 ] The mother and the youth have regular contacts and the proposed tutor is able to manage them. Relationship and communication are positive between them all. [ 10 ] In

summary, the child is evolving very well and neither she nor the proposed tutor need 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 adolescent, that the appointment of a tutor is appropriate.

WHEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] APPOINTS Mrs. B as a tutor for the adolescent X; [ 14 ] ENTRUSTS the adolescent X to Mrs. B. __________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier Rivet for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mrs. B the proposed tutor Le Curateur public du Québec Implicated party Date of hearing: February 1, 2017