2021 QCCQ 6359, 2021 QCCQ 6359

Protection de la jeunesse — 214074 2021 QCCQ 6359 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-51-000350-209 DATE: March 25, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born [...], 2007 Child ______________________________________________________________________ [SOCIAL WORKER 1], for the Director of Youth Protection A Applicant -and- A B Parents -and- C Tutor-impleaded party -and- LE CURATEUR PUBLIC DU QUÉBEC 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 child resides with his paternal grandmother, Mrs. C since June 13, 2016 in relation to an ongoing situation of neglect in his parental environment. [ 2 ] The Director of Youth Protection offers services to the child and his family as of 2015.

Successive judgments of protection intervene and, on January 3, 2018, the Court entrusts the child to his paternal grandmother on a permanent basis with access to his parents following mutual agreement. [ 3 ] Such is also the case as concerns the child’s three siblings. [ 4 ] The Director of Youth Protection seeks the nomination of C as tutor to the child and her siblings. [ 5 ] The parents wholeheartedly agree the conclusions, as does the child’s attorney. The paternal grandmother accepts to become the child’s tutor. [ 6 ] After considering the evidence, the Court grants the application.

The elements justifying this decision are as follows. Analysis and decision

[ 7 ] The Court cites the legislative foundation of the Director's request as provided in the Youth Protection Act : 70.1. If a child is in one of the situations described in

section 207 of the Civil Code and the director has taken charge of the child's situation, the director may apply to the tribunal to be appointed as tutor or to have a person he recommends appointed as tutor if he considers that tutorship is the measure most likely to protect the interest of the child and ensure the respect of his rights. Following the application, the tribunal may appoint a tutor if it considers, in the interest of the child, that such a measure is appropriate. The rules of the Civil Code apply to the tutorship, subject to the provisions of this Act. [ 8 ] As prescribed, the Court must conclude to the existence of one of the conditions of

article 207 of the Civil Code of Quebec , which provides that tutorship is namely possible in the following situations: • To a child whose father and mother both fail, in fact, to assume his care, maintenance or education. • To a child who in all likelihood would be in danger if he returned to his father and mother. [ 9 ] Such is the case for X. [ 10 ] She is evolving positively with his paternal grandmother and has an important bond with her. [ 11 ] The parents remain a significant, yet limited, presence in their children’s lives.

They maintain a cooperative relationship with the paternal grandmother and the children benefit from regular visitation with them. [ 12 ] The parents are unable to assume their children’s full-time care in view of their own personal challenges, which have been ongoing for many years, despite the numerous services in place. [ 13 ] Seeing the evidence and the interests of the child, the Court endorses the conclusions. FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application for the nomination of a tutor; [ 15 ] DEFERS the tutorship of the child X to Mrs. C; [ 16 ] ENTRUSTS the child to her tutor, Mrs.

C; [ 17 ] THE WHOLE without costs. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Marianne Galipeau Attorney for the Applicant Me Karine. P. Poissant Attorney for the child Date of hearing: March 25, 2021 Date of signature: April 19, 2021