2017 QCCQ 9368, 2017 QCCQ 9368

Adoption — 17189 2017 QCCQ 9368 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-43-000088-175 DATE: July 12, 2017 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ CONCERNING: X, born on […] ______________________________________________________________________ [SOCIAL WORKER 1], Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at […] in City A, district A, […]; Applicant -and- A, domiciled and residing at […] in City B, district B, […]; Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The judicial files respecting the adoption of a chid are confidential and no information that would allow the identification of the child, his parents, his tutor or the adopters may be published or broadcast, except as required by law (sections 815.4 C.C.P. and 582 C.C.Q.). [ 1 ] The Court is seized with an application of eligibility for adoption concerning the child X, born on […].

The application of eligibility for adoption was served to the mother on […]. A failed to appear or plead after being served by the Director of Youth Protection. ANALYSIS [ 2 ] The question of whether a child should be declared eligible for adoption is determined by the Court of appeal of Quebec by a three-step process: 1. Has the mother or father taken charge of the care, maintenance and education of the child, for and least six months prior to the proceedings? 2. If not,

section 561 Q.C.C. establishes a presumption that it is unlikely that the parents resume custody of the child and take charge of the care, maintenance and education. This onus to rebut the presumption is upon the parents. 3.

Is it in the best interest of the child to be declared eligible for adoption [1] ? [ 3 ] Since June 2014, the child is the object of several decisions rendered by the Court of Quebec, Youth chambers, ruling that her security and development is endangered; copy of the prior judgments rendered are filed under exhibit D-3. [ 4 ] On June 12, 2014, the Honourable Nancy McKenna rendered a decision in which the child was entrusted to a foster family for a period of four months. [ 5 ] On December 29, 2014, the Honourable Josée Bélanger ordered that the child be entrusted to a foster family for a period of five months.

[ 6 ] On July 3, 2015, the Honourable Josée Bélanger entrusted the child to a foster family for an additional period of five months. [ 7 ] Finally, on November 23, 2015, the Honourable Claude P. Bigué entrusted the child to the foster family of B and C until the child reaches the age of majority. [ 8 ] Since the birth of the child, the mother has been struggling with a severe drug addiction problem. She has a very unstable way of life. Shortly after the birth of X, opiates were found in the infant’s urine.

The Director of Youth Protection concluded that there was a serious risk of neglect due to the mother’s longstanding and unresolved drug use problem. [ 9 ] A 30 day provisional agreement followed in which the child was placed in a foster family. At the expiration of this agreement, a provisional foster care order was rendered by the Honourable judge Claude P. Bigué, confiding the young child to a foster home. [ 10 ] X is the fifth child of the mother. She is not involved in the lives of her four other children.

In fact, she never had the custody of any of her children. [ 11 ] The last contacts between the child and her mother occurred on April 9, 2015. Currently, the mother is totally absent from the child’s life. [ 12 ] The child has been living with the same foster family, B and C, since April 30, 2015. The child’s foster parents wish to adopt her. [ 13 ] X is a playful child with a lot of energy. She is a happy child and is always smiling. She recognizes C as being her mother and B, her father.

There is also a sister in the home by the name Y. [ 14 ] The foster parents, B and C, made all the efforts so that X would feel like a part of the family. The grandparents, cousins, uncles and aunts are also welcoming X into the family. The child recognises them, appreciates them, and has a lot of fun and pleasure with them. [ 15 ] Since the beginning of the placement, C and B have always maintained their commitment towards the child. They regard her as their own and state that she is an important part of their family cell. [ 16 ] In light of

section 559 of Q.C.C., the Court finds that the child X is eligible for adoption. CONSEQUENTLY, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES judicially eligible for adoption the child X, born on […]; [ 19 ] DESIGNATES the Director of Youth Protection of the Centre intégré de santé et de services sociaux A to exercise parental authority with regard to the child. __________________________________ MARC E. GRIMARD, J.C.Q. M e Julie Lemire Council for the Applicant M e Peggy Warolin Council for the child Date of hearing: April 26, 2017