2015 QCCQ 9338, 2015 QCCQ 9338

Protection de la jeunesse — 151005 2015 QCCQ 9338 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 610-51-000068-147 DATE: February 4, 2015 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], humans relations agent, exercising her profession at the Centre Jeunesse A, having a place of business at […] in Ville A, district A, […] Applicant -and- X, presently hosted at […] in Town B, district B, […] Child -and- A, domiciled and residing at […] in Town C, district B, […] Mother -and- B, domiciled and residing at […] in Town D, [province A], […] Father -and- D, domiciled and residing at […] in Town B, district B, […] -and- LE CURATEUR PUBLIC DU QUÉBEC, having a place of business at […], Town E (Québec), […] Impleaded parties ______________________________________________________________________ JUDGEMENT (Section 70.1 and ss. of the YPA, RSQ chap.

P-34.1 ) ______________________________________________________________________ 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 applicant, authorized person by the Director of Youth Protection to act in the present case, is asking this Court, by way of a petition under

section 70.1 of the Youth Protection Act , to appoint Mr. D as tutor to the child X, born on […], 2009. FACTS [ 2 ] The child was born on […], 2009, and is five years old. She has maternal and paternal filiations established by birth certificate. [ 3 ] The Director of Youth Protection has been aware of the child's situation since July 2009.

In December of that same year, the Tribunal declared that the child's security and development were endangered according to sections 38 b) 2), which refers to a serious risk of neglect (mother's addiction problem), and 38 c), which refers to psychological ill treatments (exposure to conjugal violence by the mother). [ 4 ] The child has been living with Mr. D and Mrs. E since the age of 8 months. [ 5 ] On October 7, 2010, the Court ordered the entrustment of the child to a foster family (Mr. D and Mrs.

E) until she reaches the age of majority and ordered that certain attributes regarding parental authority be withdrawn from the parents and granted to the Director of Youth Protection or another person to be designated by the Tribunal. APPLICABLE LAW

[ 6 ] The motion filed by the Director of Youth Protection is based on

section 70.1 of the Youth Protection Act , as follows: 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. [ 7 ] This

section refers to

section 207 of the Civil Code of Quebec , which reads as follows: 207. 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 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. ANALYSIS [ 8 ] The father is absent from the child's life.

He has not had any contacts with his daughter since she was a baby. [ 9 ] As for the mother, she has contacts with the child about once a month. The mother and the child's foster parents have a good relationship. The mother experiences problems related to alcohol addiction. Despite having benefited from many therapies, she is unable to maintain her sobriety. She agrees with the fact that she cannot take care of the child on a daily basis. [ 10 ] According to the child, she has two mothers, namely "maman E" and "mommy A". She considers herself lucky because of this situation. [ 11 ] Mr.

D explains that since the child is young, they have chosen to explain the family nucleus in accordance with her age. [ 12 ] The child is a playful, curious and very endearing young girl. She currently attends a family home daycare service four days a week. She is also enrolled in a program "A" twice a month. [ 13 ] During family contacts, Mrs. [Social Worker 1], social worker, was able to observe that the bond between the child and the D-E couple is very strong. The child seeks affection from Mr. D as much as from Mrs. E. She is also accepted and loved by the biological children of the couple. [ 14 ] [ 15 ] Mr.

D is 64 years old and his spouse, Mrs. E is 60 years old. They have been a couple since 1993 and married since 1994. They were assessed and accredited as a foster home in September 1999. [ 16 ] For Mr. D, the arrival of the child has been a very positive experience. He says "we mutually chose each other", referring to the relationship the couple has with the child. [ 17 ] Mrs. E is of [origin A] and Mr. D is of [origin B]. They both consider the [culture A] very important for the child as well as for Mrs. E.

They regularly participate in the B organized close to their home and hope to be able to answer their foster daughter's needs towards her [origin A] heritage as best as possible. [ 18 ] Mr. D and Mrs. E are parents who are very present and available for their children and grandchildren. Family values are crucial to them and they appreciate being with each other. Mrs. [Social Worker 1] believes that the couple has the capacity to educate the child and promote her development to it's full potential, while being able to accept that she may have problems, should this be the case. [ 19 ] Mr. D and Mrs.

E are well aware of the implications in being appointed as a tutor for the child. Mr. D is ready to accept this responsibility, which will simply reinforce the child's place within the family cell already created. [ 20 ] Considering the evidence, the Court finds that it is in the best interest of the child that Mr. D be appointed as tutor of the child. FOR THESE MOTIVES, THE COURT: [ 21 ] GRANTS the present motion; [ 22 ] APPOINTS D as tutor to the child X, born on […], 2009; [ 23 ] ACKNOWLEDGES that in accordance with

section 70.2 of the Youth Protection Act, the Director of Youth Protection shall put an end to his intervention regarding the child;

[ 24 ] ORDERS that a copy of the Court order be served by the court clerk to the Impleaded party, Le Curateur Public du Québec; [ 25 ] ORDERS the execution of the judgment notwithstanding an appeal; [ 26 ] THE WHOLE without costs. __________________________________ Marc E. Grimard, J.C.Q. M e Julie Lemire Counsel for the applicant M e Daniel Ouellette Counsel for the child Date of hearing: December 2 nd , 2014