2023 QCCQ 9035, 2023 QCCQ 9035

Protection de la jeunesse — 235820 2023 QCCQ 9035 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-51-000064-234 DATE: November 13, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2017 Child -and- A B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON AN APPLICATION 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 aunt Ms. C. The child’s brother is aimed by a similar application. [ 2 ] At the light of the evidence, child’s counsel agrees with the application. Neither parent is present at the hearing. [ 3 ] The child has been living with his aunt for several years.

On August 15, 2019, the Court entrusts the child to her, as a foster family, until he reaches his age of majority. [ 4 ] The parents cannot assume their parental duties. The child’s safety would be at risk if he went back to his parents, because of the parents’ personal issues. Scheduled visits take place occasionally, under supervision. [ 5 ] The child has developed a close bond with his aunt. The latter is able to answer the child’s needs, and she is committed to do so on the long term. [ 6 ] The aunt understands what tutorship means and she is willing to take upon that responsibility.

She can manage contact with the parents. [ 7 ] Entrusted to his tutor, the child will not be in need of protection anymore. [ 8 ] The evidence convinces the Court that the application is well founded. Appointing a tutor meets the child’s needs and interest. FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] APPOINTS Ms. C as a tutor for the child X; [ 11 ] ENTRUSTS the child to his tutor; [ 12 ] ORDERS that the parties concerned by this judgment comply with it;

[ 13 ] THE WHOLE without costs. _____________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A Mother (absent) Mr. B Father (absent) Ms. C Proposed tutor Le Curateur public du Québec Implicated party (absent) Date of hearing: November 9, 2023