2022 QCCQ 7417, 2022 QCCQ 7417

Adoption — 22376 2022 QCCQ 7417 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT DE […] TOWN DE […] Youth Division No: 640-43-000152-226 DATE: July 11, 2022 ______________________________________________________________________ BY THE HONOURABLE JUDGE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C, working in [...]; Applicant and X, born on […] Child and A, deceased Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR A DECLARATION OF ELIGIBILITY FOR ADOPTION WARNING: Judicial files concerning the adoption of a child are confidential and no information that would allow the child, or the child’s parents, tutor, or adopters to be identified may be published or released, except as required by law (arts. 815.4 C.C.P. and 582 C.C.Q. ) [ 1 ] The Director of Youth Protection applies to the Court of a declaration of eligibility for adoption of the child X born on […]. [ 2 ] In his application, the applicant alleges that the parents did not in fact assume the care, maintenance, and education of their child for more than six months prior to the application.

ISSUE [ 3 ] Did the parents fail to provide care, maintenance, and education during the six-month period prior to the service of the declaration of eligibility for adoption ? [ 4 ] Even though the mother could not assume the care, maintenance, and education of the child during the reference period and despite the unlikelihood of the child being taken in charge by her, is it in the child's interest to be declared eligible for adoption? BACKGROUND AND ANALYSIS [ 5 ] At the hearing, the child was represented by Mtre Cassandra Neptune, who has a legal mandate.

Mtre Neptune told the Court that it is in the best interests of the child to grant the application. [ 6 ] The prospective adopter is already taking care of the child as a foster family. In fact, the child has been living with her since she was a few months old. [ 7 ] She was entrusted to B until she reaches the age of majority in accordance with the decision rendered on September 13, 2017 by the Hounorable Denyse Leduc, J.C.Q. [ 8 ] The child’s father is undeclared. [ 9 ] The mother passed away after a long battle with cancer. A copy of the mother’s death certificate was filed as Exhibit D-3 .

The mother’s date of death is April 4, 2018. [ 10 ] The evidence is clear that the mother could not assume the care, maintenance, and education for the last six (6) months. [ 11 ] The Court believes that is it in the child's interest to be declared eligible for adoption. The Court must assess the child's best interests taking into account the passage of time and significant relationships. [ 12 ] The child stayed from birth until […] at the hospital and was then entrusted to a foster family. The child remained under the care of B since she was a few months old. She is an energetic and resilient girl.

She lives on a First Nation reserve near Town A.

[ 13 ] The foster mother is open to supporting visits by the child’s siblings and trips to [Region A] for the child to have contact with family members. She ensures that the child is connected with her cultural Inuit roots. B is Mohawk, which allows the child to be exposed to her Indigenous roots. B has been taking the child to Inuit cultural events and providing opportunities for traditional teaching. The child is currently living in Town B and attends a Mohawk school where she is learning the Mohawk language. B understands the importance of maintaining the child’s cultural roots.

She submits that she will continue to expose the child to her Inuit background through activities in the community. [ 14 ] The foster mother has demonstrated her ability to care for the child. She has a long-term plan with the child and she invested in this plan. She explained to the child about her biological mother and about her passing. The foster mother has a positive attachment with the child. The child is well loved and supported by B. [ 15 ] After analyzing the evidence and the law, the Court concludes that it is in the child's best interests to be declared eligible for adoption.

FOR THESE REASONS, THE COURT : [ 16 ] GRANTS this application; [ 17 ] DECLARES the child X, born on […], LEGALLY ADMISSIBLE FOR ADOPTION ; [ 18 ] ENTRUSTS the child X to B; [ 19 ] GRANTS the Director of Youth Protection of the Centre jeunesse A parental authority over the child; [ 20 ] ORDERS THE PROVISIONAL ENFORCEMENT of this judgment notwithstanding appeal; [ 21 ] ORDERS that a copy of the judgment rendered on the application for a declaration of eligibility for adoption be forwarded to the Director of Youth Protection. __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Justine Carli Trudeau Cain Lamarre, s.e.n.c.r.l. Counsel of the applicant Mtre Cassandra Neptune Centre Communautaire judiciaire A. Counsel for the child Date of hearing: July 11, 2022