2022 QCCQ 9530, 2022 QCCQ 9530

Adoption — 22497 2022 QCCQ 9530 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-43-000150-220 DATE: Oral decision October 21, 2022 Written decision December 12, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […] [SOCIAL WORKER 1], in his quality of authorized person by the Director of Youth Protection A C.Y.P.C.

Applicant and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR A DECLARATION OF ELIGIBILITY FOR ADOPTION Arts. 543, 544, 559, 560, 561 and 562 C.C.Q. Ss. 110, 119, 175.2(3) (a), 813, 813.5 and 824.1 C.C.P. Art. 72,1 (

d) Y.P.A. ______________________________________________________________________ CAUTION: Court records relating to the adoption of a child are confidential and no information identifying the child, his parents, tutor or adopters may be published or broadcast, except to comply with the law (art. 815.4 C.C.P. and 582 C.C.Q. ). [ 1 ] The Director of Youth Protection applies to the Court for a judicial declaration of eligibility for adoption concerning the child X. [ 2 ] The mother agrees with the application.

Counsel for the child confirmed that the declaration of eligibility for adoption is in the best interest of the child. [ 3 ] The applicant alleged that the mother did not in fact assume the care, maintenance, and education of the child in the six months prior to the service of the application. There is no declared father. [ 4 ] The prospective adopters are already taking care of the child as his foster family.

In fact, the child has been living with them since his birth. [ 5 ] The child is not the subject of any other application, action or judgment of this Court, nor of any agreement between his mother and the Director. [ 6 ] The Court finds that at this stage the mother has failed to provide for the care, maintenance and education of the child during the six-month period preceding service of the application, and therefore no emotional bonds were developed between them. [ 7 ] The Court must assess the child's best interest, an analysis that takes into account the passage of time and significant relationships. [ 8 ] After analyzing the evidence and the law, the Tribunal concludes that it is in the child's best interest to be declared eligible for adoption.

FOR THESE REASONS, THE COURT: [ 9 ] GRANTS this application;

[ 10 ] JUDICIALLY DECLARES eligible for adoption , the child X, born on […]; [ 11 ] GRANTS the parental authority over the child to B and C; [ 12 ] ORDERS provisional enforcement of this judgment notwithstanding appeal; [ 13 ] 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; [ 14 ] THE WHOLE WITHOUT COSTS . __________________________________ NATHALIE SAMSON, J.C.Q. Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Counsel for the child Mtre Angèle Tommasel Counsel for the mother Date of hearing: October 21, 2022