2022 QCCQ 10006, 2022 QCCQ 10006

Adoption — 22530 2022 QCCQ 10006 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-43-000164-221 DATE: October 20, 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 and B Father ______________________________________________________________________ JUDGMENT ON 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, 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 during the six months prior to the service of the application. [ 3 ] At the hearing, the parents were absent.

The father was duly notified and the mother was nowhere to be found. The Court authorized the Director to proceed in the absence of the parents. The child was represented and confirmed that it is her wish to be adopted by C and D. [ 4 ] The prospective adopters are already taking care of the child as a foster family. In fact, the child has spent almost all her life under their care. The child's biological parents wanted her to be traditionally adopted and were not involved in her life. The child wishes to be adopted by her caretakers, who also want to adopt her.

The fact that the current situation is not normalized is causing harm to the child by blocking her access to the services she needs and preventing her from being a full member of the family. [ 5 ] 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: [ 6 ] GRANTS this application; [ 7 ] DECLARES the youth X, born on […], legally eligible for adoption; [ 8 ] ENTRUSTS the youth to C and D; [ 9 ] GRANTS the parental authority to C and D;

[ 10 ] ORDERS provisional enforcement of this judgment notwithstanding appeal; [ 11 ] 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; [ 12 ] THE WHOLE WITHOUT COST . __________________________________ NATHALIE SAMSON, J.C.Q. Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Angèle Tommasel Counsel for the youth Date of hearing: October 20, 2022