2015 QCCQ 11203, 2015 QCCQ 11203

Adoption — 15134 2015 QCCQ 11203 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-43-000086-146 DATE: March 12, 2015 ______________________________________________________________________ BY THE HONOURABLE MARC E. GRIMARD, J.C.Q. ______________________________________________________________________ CONCERNING: X, born on [...] , 2009 ______________________________________________________________________ MR. [SOCIAL WORKER 1], Director of Youth Protection of the Centre jeunesse A , having a place of business at […] in City A , district A , […] Applicant -and- MRS.

A, domiciled and residing at […], district B , […] Mother -and- MR.

B, domiciled and residing at […], City B , district B , […] Father ______________________________________________________________________ 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 [...] , 2009.

The application of eligibility for adoption was served to both parents on November 12, 2014. Mrs. A and Mr. B failed to appear or plead after being served by the Director of Youth Protection. An inscription for judgment by default was therefore requested by the applicant and ordered by this Court on December 4 th , 2014. ANALYSIS [ 2 ] The question of whether a child should be declared eligible for adoption is determined by sections 543 , 544 , 559 , 561 and 562 of the Civil Code of Quebec [1] . [ 3 ] The Court of appeal of Quebec set out 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 [2] ? [ 4 ] From [...] , 2009, day of the child's birth, until February 6, 2009, the child lived with her parents. From that date onwards, she has been living with Mrs. C and Mr.

D . [ 5 ] Between February 6, 2009 and July 28, 2009, the situation of the child was taken in charge by the application of measures provided by the Director of Youth Protection. [ 6 ] The measures put forth were an intensive plan to increase parental skills and maintain contacts between the child and the parents. The father had very little presence during the visits with his daughter, having chosen to prioritise and invest his time in the contacts with his oldest child.

As for the mother, she cancelled many visits with her daughter. [ 7 ] During that time, Youth Protection made a referral to the Centre A for the mother in order to help her with her alcohol and psychotropic consumption. She failed to attend the scheduled meetings.

[ 8 ] Despite the intensity of the measures offered by the Director of Youth Protection to the parents, the couple's situation of conflict, the mother's personal problems and the father's decision not to want to have the child back with him forced the Youth Protection services to change their course of action and prioritize a long term plan for the child. A life plan in the form of a placement until the age of majority was established for her. [ 9 ] On July 28, 2009, the Court of Quebec, Youth division, ordered a placement until majority with Mrs. C and Mr. D .

They are the aunt and uncle of the child. [ 10 ] The last contact between the child and the mother occurred in august 2010. Since then, the mother and father have been totally absent from their daughter's life. [ 11 ] The child is the second of five children of the mother. She never had the custody of any of her children. [ 12 ] Since 2010, the father decided to avoid having contacts with the child. As for the mother, she still has a very unstable way of life and struggles with a severe drug addiction problem. [ 13 ] The child has been entrusted to Mrs. C (aunt) and Mr.

D (uncle) from the young age of tree weeks old. The child considers them to be her mother and father, and regards the two other children of the couple as her two brothers. She finds the concept of having grown in the womb of another person strange. She speaks of her adoption with spontaneity, assurance and credibility and does not show any signs of insecurity. She views her adoption family as her own, and feels that she is growing up in a traditional family, having loving parents and siblings. [ 14 ] Mrs. C remains at home to care for the child. Mr. D works during the day and returns home every evening.

The child is comfortable and evolving positively in her living environment and is well invested by her family. Her two brothers have accepted her and consider her as their little sister. [ 15 ] Since the beginning of the placement, Mrs. C and Mr. D have always maintained their commitment to 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. [ 17 ] CONSEQUENTLY, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES judicially eligible for adoption the child X , born on [...] , 2009; [ 20 ] DESIGNATES the Director of Youth Protection of the Centre jeunesse A to exercise parental authority with regard to the child. __________________________________ MARC E. GRIMARD, J.C.Q. M e Julie Lemire Lemire, Gaouette & Martel Centre jeunesse A Lawyer for the Applicant M e Sébastien Lebel Legal Aid A Lawyer for the child Date of hearing: January 15, 2015