Protection de la jeunesse — 235826 2023 QCCQ 9041 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-51-000072-237 DATE: November 9, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2008 Child -and- A B (Deceased) 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 maternal uncle. The child has been living on and off with his uncle for a couple of years. They have a strong bond. [ 2 ] The Court entrusted the child to the uncle, on a provisional basis, in August of 2023. [ 3 ] 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 uncle as his tutor. [ 4 ] The mother cannot assume her parental duties. The child’s safety would be at risk if he went back to his mother, because of the mother’s personal issues. The mother agrees with the tutorship. [ 5 ] The child is also in agreement with the application. [ 6 ] The uncle wishes to be appointed as a tutor, and he is able to manage contact with the mother. [ 7 ] The application is in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 8 ] GRANTS the application; [ 9 ] REFERS a tutor for the child X and that this tutor be Mr C; [ 10 ] ENTRUSTS the child to his tutor; [ 11 ] 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 Mr C Proposed tutor Le Curateur public du Québec Implicated party (absent) Written judgment filed on November 9, 2023