2023 QCCQ 7719, 2023 QCCQ 7719

Protection de la jeunesse — 235576 2023 QCCQ 7719 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF [...] “Youth Division” No.: 565-51-000007-232 DATE: August 23, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE SYLVAIN MEUNIER, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Applicant v.

X , born […] , 2019 Child-Respondent and A B Parents-Respondents and C Tutor-Respondent and COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Respondent and PUBLIC CURATOR OF QUEBEC Impleaded party __________________________________________ JUDGMENT ( Sections 70.1 and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified .

Every person who contravenes this provision is liable to a fine (ss. 9.1, 9.2. and 135 Y.P.A.). [ 1 ] The Court has before it an application to appoint a tutor in accordance with sections 70.1 and 75 of the Youth Protection Act . [ 2 ] This application was filed by the Director of Youth Protection, who asks that Mrs. C, the child’s the child's foster family since birth, be appointed tutor to X.

[ 3 ] The parents are not present for this hearing and are not involved in the care and development of child X. However, the mother has instructed her lawyer to agree to the demand. [ 4 ] The tutor was present at the hearing. She admits the facts alleged and consents to the measures sought. [ 5 ] Counsel for the child, who has a legal mandate, does not object to the application and submits that it is in her young client’s best interest. [ 6 ] In addition, the Court has read the judgments rendered in the child’s protection file bearing number […], which was filed en liasse at the hearing of this application [1] .

I . BACKGROUND [ 7 ] The Director of Youth Protection has been involved in the situation of child X. since birth. The mother has nine (9) other children in the care of the Director for the same reasons of compromise arising from her unresolved consumption and neglect problems. The father has the same problems. [ 8 ] Child X. was entrusted to Mrs. C from birth at the mother’s request. [ 9 ] Child X. has been developing appropriately with Mrs. C since. His kinship foster mother provides her with love, security, and stability. [ 10 ] Mrs.

C goes regularly to the community and is able to maintain bonds between the child and significant family member, like X’s maternal kokum D, aunties E and F. Mrs. C is also part of a large family that’s implicated in the little girl’s life: her sister Y(who’s also a foster family in Town A), her parents and implicated elders G and H. [ 11 ] X.’s older sisters and brothers are pretty much all entrusted to family or community members within Town B. She’s able to see them regularly and maintain a bond. II . THE LAW [ 12 ] The following articles define the law applicable in the situation we are dealing with:

Section 70.1 [2] 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 ensure the interest of the child and 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.

Article 207 [3] The director of youth protection or the person recommended as tutor by him may also apply for the institution of tutorship to an orphan who is a minor and who has no tutor, or to a child whose father and mother or whose parents both fail, in fact, to assume his care, maintenance or education, or to a child who in all likelihood would be in danger if he returned to his father and mother or to his parents.

Article 186 [4] Where tutorship extends to the person of the minor and is exercised by a person other than the father or mother or the parents, the tutor acts as the person having parental authority, unless the court decides otherwise. III . ANALYSIS [ 13 ] The evidence supports the allegations made in the application presented by the Director and satisfies the conditions prescribed by the legislator. It clearly shows that the child is in one of the situations described in art. 207 of the Civil Code of Québec . [ 14 ] Mrs.

C is undeniably an important person to Child X . [ 15 ] The tutorship plan will allow the child X. to continue to live in a stable, secure, and loving environment until he reaches the age of majority.

[ 16 ] The tutorship is in the child’s interest. FOR THESE REASONS, THE COURT: [ 17 ] GRANTS this motion; [ 18 ] APPOINTS Mrs. C as a tutor for the child X. born […], 2019. [ 19 ] AUTHORIZES Mrs. C to consent alone to the health care and services required by the child. [ 20 ] ENTRUSTS the child to his tutor, Mrs. C. [ 21 ] ALLOWS contact between the child and his parents according to the modalities established by the tutor. [ 22 ] THE WHOLE without costs. __________________________________ SYLVAIN MEUNIER, J.C.Q.

M e Laura Normandin Counsel for the applicant M e Émilie Bouchard Counsel for the child M e Amélie Samson Counsel for A the mother M. B Father (absent) Mrs. C Tutor impleaded party Date of hearing: August 23, 2023