2022 QCCQ 6667, 2022 QCCQ 6667

Protection de la jeunesse — 225292 2022 QCCQ 6667 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth division »

N° : 460-51-000140-227 DATE : July 26, 2022 ______________________________________________________________________ IN THE PRESENCE OF : THE HONORABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on […] [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A Mother - Deceased -and- B Father - Deceased -and- C Proposed -and- THE PUBLIC CURATOR Impleading ______________________________________________________________________ JUDGMENT ON AN APPLICATION TO APPOINT A TUTOR (Sections 70.1 and 75 of the 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 offense and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on July 26, 2022. [ 2 ] The Court is seized of an application filed pursuant to Sections 70.1 and 75 of the Youth Protection Act , by a person duly authorized by the Director of Youth Protection, to have C appointed as tutor of the child, X, born on […]. [ 3 ] The youth X has a maternal and paternal filiation. [ 4 ] At the hearing the Court learns that the father deceased.

As her mother was also previously deceased, the youth is now an orphan. [ 5 ] The youth does not already have a dative tutor. [ 6 ] The proposed tutor, Mrs.

C, is the youth’s paternal aunt. [ 7 ] The situation of the youth is known of the Director of Youth Protection and of this Court since April 2022. [ 8 ] The youth is currently subject of a provisional decision of the Court of Quebec, Youth division, rendered on April 19, 2022 which the Tribunal designated C to exercise the attributes of parental authority as it pertains to education needs and health needs. [ 9 ] The youth and C share a significative bond, and the youth seems to trust her aunt. [ 10 ] Since the youth was entrusted to C, she has taken a leave of absence from work as special care educator to support the youth. [ 11 ] C is prepared to assume the tutorship of X and to take care of her until adulthood and beyond.

[ 12 ] It is in the best interest of the youth that C be appointed as tutor of the child. [ 13 ] After having read the documents filed in support of the application the Court concludes that all of the facts alleged in support of the application have been proven to its satisfaction and that the Director of Youth Protection's intervention is no longer required in the circumstances. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the present motion; [ 16 ] APPOINTS Mrs. C as tutor for the youth; [ 17 ] ENTRUSTS the tutorship of the youth X to Mrs. C; [ 18 ] ENTRUSTS the youth to Mrs.

C; [ 19 ] ORDERS that a copy of the judgment to be rendered, be filed in the Court file 460-41-002486-223; [ 20 ] THE WHOLE , without costs. ___________________________________ Pascale Berardino, J.C.Q. M e Nicolas Bastien Attorney for the Director of Youth Protection M e Rosalie Duval Attorney for the child Date of hearing : July 26, 2022 Exhibits files: D-1 to D-3