2023 QCCQ 10039, 2023 QCCQ 10039

Protection de la jeunesse — 236473 2023 QCCQ 10039 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Court Division N°: 525-51-011695-235 Date: December 8, 2023 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2017 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother Respondent -and- LE CURATEUR PUBLIC DU QUÉBEC , Mis-en-cause JUDGMENT TO APPOINT A TUTOR

Section 70.1 and 75 of the Youth Protection Act (L.R.Q., C.P-34.1) WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of December 8, 2023, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] A person duly authorized by the Director of Youth Protection A filed an application in accordance with the provisions of sections 70.1 and 75 of the Youth Protection Act to appoint Ms. B as tutor to the child, X , born on [...], 2017. [ 3 ] The facts alleged in support of the application to appoint a tutor are as follows: 4. The mother fails, in fact, to assume the care, maintenance or education of the child, more particularly but not restrictively in that:

a) the mother has a history of domestic violence with partners, drug and alcohol issues, criminal activity and transiency;

b) on December 13, 2017, the Honorable Annie Savard rendered a decision under

section 76.1 of the Youth Protection Act, which included that the child be entrusted to the care of Ms. B, taking judicial notice that the mother was residing in the home of Ms. B and Mr. C;

c) on March /9, 2018, the Honourable Lucie Godin rendered a decision under

section 38 of the Youth Protection Act, which included that the child be entrusted to the care of Ms. B, ordered that Ms. B and the Director of Youth Protection take all the necessary means in order for the child to not be left alone with the mother for the present time being, for as long as deemed necessary, the whole for a period of nine (9) months;

d) the mother left Ms. B’s home in mid-August 2018;

e) on December 19, 2018, the Honourable Martine Nolin rendered a decision under

section 76.1 of the Youth Protection Act, including that the child be maintained in the care of Ms. B;

f) on January 8, 2019, the Honourable Lucie Godin rendered a decision under

section 95 of the Youth Protection Act, including that

the child be maintained in the care of Ms. B, the whole until August 30, 2019;

g) on August 30, 2019, the Honourable Marie Archambault rendered a decision under

section 76.1 of the Youth Protection Act, including that the child be maintained in the care of Ms. B;

h) on November 29, 2019, the Honourable Normand Bastien rendered a decision under

section 95 of the Youth Protection Act, including that the child be entrusted to the foster home of Ms. B, that contacts between the child and mother be suspended until the mother fulfils a series of conditions, the whole until the child’s age of majority;

i) the mother has not addressed her personal issues and has not had contact with the child for several years;

j) the mother’s whereabouts are unknown to the Director of Youth Protection for extended periods of time, and she does not maintain consisted contact with the youth protection worker;

k) the mother is currently at [Institution A], and is scheduled to be released in September 2023; 5. Ms. B has been the primary caregiver of the child since she was a few weeks old, and has known the mother for a lengthy amount of time, given that her ex-partner, Mr. C, is the mother’s brother; 6. Ms. B has a strong bond with the child, and she is prepared to assume the tutorship; 7. The mother has expressed being in agreement for Ms. B to be appointed as a tutor for the child; 8. It is in the best interest of the child that Ms. B be appointment as her tutor; 9.

The present Application is well founded in fact and in law (reproduced with errors and/or omissions). [ 4 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in support of the application and expressed her consent to all the proposed measures. [ 5 ] The child's father is not declared on the child's birth certificate. [ 6 ] Me Thomas, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 7 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Child's Birth Certificate; D-2: Judgments of Court of Quebec, Youth Division, regarding the child, en liasse ; D-3: Court Report for Subsidized Tutorship, prepared by Catherine Asimakopoulos, dated April 2, 2023; D-4: Addendum, prepared by Catherine Asimakopoulos, dated November 28, 2023. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the application. [ 9 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the child's interest. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the application; [ 12 ] APPOINTS Ms. B, as tutor for the child, X ; [ 13 ] ENTRUSTS the child, X , to Ms. B; [ 14 ] ORDERS that an extract of the judgment, in addition to the full written version of the judgment, be sent by the court clerk to the appointed tutor, Ms.

B; [ 15 ] ORDERS that the original birth certificate of the child be given to the tutor; [ 16 ] ORDERS the execution of the present judgment notwithstanding appeal; [ 17 ] THE WHOLE without costs.

Signed December 18, 2023 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Jean-Hervé Thomas Attorney for the child TD/vl