2022 QCCQ 9529, 2022 QCCQ 9529

Adoption — 22496 2022 QCCQ 9529 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-43-000148-224 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 her quality of authorized person by the Director of Youth Protection A C.Y.P.C.

Applicant and A Mother and B Father ______________________________________________________________________ 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 ] At the hearing, the mother was not there, but she was duly served on October 3, 2022. The Court authorized the Director to proceed in her absence.

Counsel for the child confirmed that the declaration of eligibilty for adoption is in the best interest of the child. The father was present and agreed with the conclusion of the application. [ 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. [ 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 ] In March 2014, a judgment under

section 95 of the Youth Protection Act was rendered and the child was entrusted to this current family, C and D until he reaches the age of 18 years. [ 6 ] The same judgment suspends contact between the child and his parents and recommends that the Director evaluate the opportunity of adoption as a permanency plan. [ 7 ] The child has expressed confusion as to why he is not adopted. [ 8 ] The Court must assess the child's best interests, an analysis that takes into account the passage of time and significant relationships. [ 9 ] After analyzing the evidence and the law, the Court concludes that it is in the child's best interest to be declared eligible for adoption.

FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES legally eligible for adoption , the child X, born on […]; [ 12 ] GRANTS parental authority over the child to C and D; [ 13 ] ORDERS provisional enforcement of this judgment notwithstanding appeal; [ 14 ] 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; [ 15 ] 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 Angèle Tommasel Counsel for the child Date of hearing: October 21, 2022