2021 QCCQ 14237, 2021 QCCQ 14237

Protection de la jeunesse — 219232 2021 QCCQ 14237 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-51-000022-216 DATE: May 26, 2021 (written judgment rendered on August 17, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […] [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, deceased Mother ______________________________________________________________________ JUDGMENT TO APPOINT A TUTOR ( Sections 70.1 and 75 , Youth Protection Act , L.R.Q., c.

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 Director of Youth Protection (DYP) asks the Court to be named tutor for the child X, born on […]. [ 2 ] The child has 2 sisters.

The Court is also seized with their situation. [ 3 ] The mother passed away on […]. [ 4 ] The father of the child is undeclared. [ 5 ] X is the object of a decision rendered by the Youth Chamber on June 3, 2020. By this decision, the Court declared that the security and development of the child were still endangered and entrusted her under her mother’s care to the strict exclusion of B. [ 6 ] Starting in December 2020, X started to make travel back and forth from City A where her sister is living and City B where her mother was living. During that time, she was not attending school regularly.

According to the DYP worker, that was a decision from the mother who preferred that her daughter would go to school in City A. Finally, starting in March 2021, X was living full time in City A. [ 7 ] She was registered at school there, and she adapted very well to her new environment. She lives with her sister and the latter’s spouse and their 2 children. [ 8 ] After the mother’s death, the DYP requested the collaboration from the [youth protection A] to assess the sister as potential foster family.

The first observations are very positive, but the process is not completed yet. [ 9 ] The children are in different foster families, but they have regular contacts thanks to the foster families’ good collaboration. [ 10 ] The DYP needs more time to assess the situation of each child and to determine if each foster family could be and want to become tutor for the children. Waiting for such decision, it is in the child’s best interest to name the DYP tutor for them. FOR THOSE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES the Director of Youth Protection tutor for the child under

section 180 of Civil Code of Quebec ; [ 13 ] ORDERS that the parental authority be granted to the Director of Youth Protection;

__________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Date of hearing: May 26, 2021