2012 QCCQ 16485, 2012 QCCQ 16485

Protection de la jeunesse — 125330 2012 QCCQ 16485 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-51-008377-128 DATE: November 5, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on [...] , 1995 - and - A Respondents - and - B - and - LE CURATEUR PUBLIC DU QUÉBEC Mis-en-cause ______________________________________________________________________ JUDGEMENT ON A MOTION TO appoint a tutor

Section 70.1 and 75 of the Youth Protection Act ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court was presented with a motion by the Director of Youth Protection for the appointment of a tutor under 70.1 of the Youth Protection Act . The Director of Youth Protection is recommending that Ms.

B be appointed tutor for the adolescent. [ 2 ] Essentially, the Director of Youth Protection submits that the situation of the adolescent is known to DYP since October 2009, when the adolescent’s mother tragically passed away. In January 7, 2010, X was entrusted to the care of Ms. B by the Court for a period of one year. At the time, the adolescent exhibited some behavioural difficulties. On January 5, 2011, the Court entrusted the adolescent to the care of Ms.

B until her age of majority. [ 3 ] At the hearing, the Director of Youth Protection filed a Court report for a subsidized tutorship prepared by [Social Worker 1] , youth worker, and dated September 26, 2012. The report reveals that the adolescent is doing well in the home of Ms. B and at school. Ms. B remains committed to caring for the adolescent. Furthermore, the adolescent maintains contact with her siblings. [ 4 ] The adolescent, through her lawyer, admits the majority of the facts alleged in the motion and agrees for Ms. B to be appointed as her tutor. She has been living with Ms.

B since January 2010 and wishes to remain in her care. Moreover, X has known Ms. B for a number of years, as Ms. B was in a relationship with the adolescent’s mother in the past. [ 5 ] Ms. B testifies that she accepts to take on the responsibility of tutor for the adolescent. She states that she has a good relationship

with X and that a follow-up by the Director of Youth Protection is no longer necessary. [ 6 ] Under the circumstances, the Court concludes that it is in the interest of the adolescent that the motion be granted and that Ms. B be appointed tutor to the adolescent in conformity with

section 70.1 of the Youth Protection Act . The evidence reveals that Ms. B answers to all the adolescent’s needs. [ 7 ] THEREFORE, THE COURT: [ 8 ] GRANTS the motion; [ 9 ] APPOINTS Ms. B as tutor for the adolescent; [ 10 ] ENTRUSTS the adolescent, X , to her tutor; [ 11 ] THE WHOLE without cost. Signed November 6, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Heidi Lechter Counsel for the Director of Youth Protection Me Christian Benoit Counsel for the adolescent Date of hearing: November 5, 2012