2021 QCCQ 1139, 2021 QCCQ 1139

Protection de la jeunesse — 21696 2021 QCCQ 1139 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-51-000035-200 DATE: February 19, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […] Child -and- A -and- B Parents -and- C Proposed Tutor -and- LE CURATEUR PUBLIC DU QUÉBEC Implicated party ______________________________________________________________________ JUDGMENT ON AN APPLICATION TO APPOINT A TUTOR ______________________________________________________________________ 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 ] An application to appoint a tutor is referred to the Court by the director of youth protection (DYP) in respect of the child, pursuant to sections 70.1 and 75 of the Youth Protection Act . [ 2 ] Both parents are absent, even if duly notified of the application to appoint a tutor. The public curator did not appear.

The child, through her counsel’s voice, and the proposed tutor also consent to the conclusions of the application. [ 3 ] Documentary evidence is filed, notably a tutorship report. The proposed tutor also testifies. [ 4 ] The evidence reveals that the child is very well adapted to the family of the proposed tutor. She has been entrusted to the proposed tutor, under youth protection orders, since 2009. The child has been living in this family since the past 11½ years. The proposed tutor states the child is doing very well.

She takes good care of her and is committed to continue doing so for the future. [ 5 ] The child sees her parents occasionally. Contacts are managed by the proposed tutor. The latter has a respectful relationship with the parents. She is able to manage contact in the best interest of the child. [ 6 ] The child was already entrusted to a foster family until she reaches her majority. However, neither the child nor the foster family needs the support of the DYP anymore. [ 7 ] Considering the report, the evidence and

section 207 of the Civil code of Québec , the Court concludes, in the interest of the child, that the appointment of a tutor is appropriate. From now on, the tutor will act as the person having parental authority, following

section 186 of the Civil code of Québec . WHEREFORE, THE COURT: [ 8 ] GRANTS the application to appoint a tutor; [ 9 ] APPOINTS C as a tutor for the child X; [ 10 ] ENTRUSTS the child X to C; [ 11 ] ORDERS the Youth Protection Delegate to keep the youth protection’s file of the child until she reaches majority.

__________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child A the mother (absent) B the father (absent) C the proposed tutor Le Curateur public du Québec Implicated party (absent) Date of hearing: February 19, 2021