2011 QCCQ 9815, 2011 QCCQ 9815

Protection de la jeunesse — 112682 2011 QCCQ 9815 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth chamber No: 640-41-001050-076 DATE: June 7, 2011 ______________________________________________________________________ BY THE HONOURABLE DANIEL BÉDARD, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the Centre A, working in Town A Applicant -and- A, residing and domiciled at […], in Town B, district A, province of Quebec, […] Mother -and- B, residing and domiciled in Town B, Quebec, district A Proposed tutor -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, having its place of business at […], Town C, district B, province of Quebec Respondents -and- LE CURATEUR PUBLIC DU QUÉBEC , having its place of business at […], Town C, district B, province of Quebec Impleaded party ______________________________________________________________________ JUDGMENT – MOTION TO APPOINT A TUTOR (

Section 70.1 and 75 , Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection demands to the Court to appoint a tutor to the child X, born on […], 1999. [ 2 ] The mother and the child are present and represented. The father is undeclared. II - ISSUE TO RESOLVE [ 3 ] The present file does not raise any litigious issue.

III - ANALYSIS OF THE FACTS AND DECISION [ 4 ] The mother recognises by way of admissions, that she is incapable of assuming her parental responsibilities and has not done so, for a long period of time. [ 5 ] The situation of the child has been entrusted to the Director of Youth Protection since the end of November 2007. The mother experiences the same problems as were identified in 2007: alcohol abuse and instability. [ 6 ] The maternal aunt is the person assuming parental responsibilities towards the child.

Her testimony convinces the Court that she has the capacity, availability and interest to assume on a long-term basis, the child. She describes her family and affirms that the child is well integrated and is a full member of the family. The child has been with them for the past three years. [ 7 ] The report completes the evidence tendered and convinces the Court that tutorship is the most appropriate solution, in the interest of the child and the respect of her rights.

[ 8 ] FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the demand; [ 10 ] APPOINTS Mrs. B, as tutor for the child; [ 11 ] ENTRUTS the child to her maternal aunt B; [ 12 ] AUTHORIZES personal relations between the mother and the child be maintained and that access and visitation be exercised following agreement between the mother and the aunt, after consultation with the child; [ 13 ] ORDERS the execution of the present judgment notwithstanding appeal; [ 14 ] THE WHOLE , without costs. __________________________________ DANIEL BÉDARD, J.C.Q. Me Jean-Claude Latraverse Lawyer for the child Me Alexandre Cimon Lawyer for the D.Y.P. Me Angèle Tommasel Lawyer of the mother Date of hearing: May 17, 2011