2015 QCCQ 21194, 2015 QCCQ 21194

Adoption — 15429 2015 QCCQ 21194 JO 0366 COURT OF QUÉBEC YOUTH DIVISION PROVINCE OF QUÉBEC DISTRICT OF […] No: 525-43-006966-150 DATE: July 15, 2015 ______________________________________________________________________ PRESIDING JUDGE: THE HONOURABLE ANNE-MARIE OTIS, J.C.Q. ______________________________________________________________________ In the situation of the child X ( born on […], 2013 ) THE DIRECTOR OF YOUTH PROTECTION A, Petitioner and A and B, Defendants ______________________________________________________________________ JUDGMENT ON A MOTION FOR A DECLARATION OF ELIGIBILITY FOR ADOPTION (Art. 559 and following C.C.Q. and Art. 110 and 824.1 C.C.P .) ______________________________________________________________________ WARNING: It is forbidden to publish or broadcast any information that may lead to the identification of a child, of his parents, of his tutor or of the adopters (Art. 582 C.C.Q. and 815.4 C.C.P. ). [ 1 ] The Court is seized of a Motion for a Declaration of Eligibility for Adoption filed on March 19, 2015 by a person duly mandated by the Director of Youth Protection A (hereafter, " the Director" ), to have the child, X, born on […], 2013, in City A, Québec, son of A and B, as appears from Exhibit R-2, declared eligible for adoption. [ 2 ] The reasons invoked in support of this proceeding are based on the fact that the child’s care, maintenance and education have not in fact been taken in hand by his parents for the six (6) months preceding the filing of the Motion . [ 3 ] Reference is made to several previous documents such as Court orders dated January 20, 2014 and February 20, 2015 (filed as Exhibits R-3 and R-4), as well as a Court Report for Declaration of Eligibility for Adoption filed as Exhibit R-5. [ 4 ] Although duly served with a copy of the Motion , the parents has failed to file an appearance in the Court record and despite the fact they were called twice over on the intercom on the day of the hearing of the Motion , they failed to present themselves in the

courtroom. [ 5 ] After reviewing the documents filed in the Court record and having heard the social worker's testimony, the Court concludes that the child’s parents has not in fact assumed the care, maintenance or education of their child for at least six (6) months. [ 6 ] As a result, the child may by judicially declared eligible for adoption pursuant to Subarticle 559 (2) of the Civil Code of Québec . [ 7 ] The presumption provided for under

Article 561 of the Civil Code of Québec which states that it is unlikely that the parents will resume custody of the child has not been rebutted. [ 8 ] Finally, the Declaration of Eligibility for Adoption sought from the Court is in the child's interest and respects her rights. [ 9 ] FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the Motion for a Declaration of Eligibility for Adoption ; [ 11 ] AND AS A RESULT, THE COURT: [ 12 ] DECLARES eligible for adoption the male child X, born on […], 2013, in City A, Québec; [ 13 ] DESIGNATES the Director of Youth Protection A to exercise such parental authority in regard to the child, X ; [ 14 ] DECLARES the Director of Youth Protection A legal tutor of the child until an Order of Placement for Adoption has been rendered; [ 15 ] AUTHORIZES the Petitioner to receive a copy of this judgment; [ 16 ] AUTHORIZES the clerk of the Court to forward to the intention of the Petitioner the original of the birth certificate (Exhibit R-2) filed in support of this Motion .

Signed and filed on July 16, 2015 _______________________________________ Anne-Marie Otis, J.C.Q. Mtre Isabelle Loranger AI0942 Attorney for the Director Hearing date: July 15, 2015 AMO/mcl