2019 QCCQ 5655, 2019 QCCQ 5655

Adoption — 19354 2019 QCCQ 5655 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF […] Youth Division No: 614-43-000008-191 DATE May 21, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC.

J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on […] Child and A , residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT on declaration of eligibility for adoption (Sections 71 of the Youth Protection Act and 559 and ss. of the Civil Code of Quebec ) ______________________________________________________________________ WARNING: The judicial files respecting the adoption of a child 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 12 to 16 C.C.P. and 582 C.C.Q.). [ 1 ] The Director of Youth Protection A (the Director) submits the Court an application to declare the child X eligible for adoption in regards of sections 71 of the Youth Protection Act (YPA) and 559 and following of the Civil Code of Quebec ( CCQ ). [ 2 ] The child’s mother is deceased and the father is not present at the hearing even if duly served.

The child is represented be Me Antoine Meunier. The foster parents are present. [ 3 ] In support of the motion, the youth protection worker and the foster parents testified. An adoptability report and a copy of the last judgment, rendered on November 8, 2013, under

section 95 YPA, are filed. [ 4 ] The evidence reveals that the father has not seen the child for at least five years, has not requested visits and has not provided for the child. He never inquired about the well-being of his child. [ 5 ] The mother past away on June 2018. [ 6 ] The child lives in a foster family since her childhood, at least since 2010, because of the serious mother and father’s issues. [ 7 ] She was raised by the foster parents B and C. They assume her since the child was one month old.

During the first years, the parents interveaned and the child spent some time with her father but eventhough, the foster parents had to assist the father. [ 8 ] In January 2012, the child was placed until her majority in the foster family of B and C. She remains there since. The foster parents were aware of all the responsibilities of the child and that they care a lot for her. [ 9 ] In 2018, the mother was planning to sign a consent for adoption while she was making legal steps to have the father’s name removed from the birth certificate.

She passed away before the process was completed. [ 10 ] Considering the evidence; [ 11 ] Considering sections 71 of the YPA and 559 and following of the CCQ; FOR THOSE MOTIVES, THE COURT:

[ 12 ] GRANTS the motion; [ 13 ] DECLARES eligible for adoption X; [ 14 ] DESIGNATES the Director to exercise parental authority; [ 15 ] DECLARES the Director legal tutor of the child; [ 16 ] CONSENT with the withdrawal of the original birth certificate from the court’s file and given to the petitioner. Signed in CITY A on July 8, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Me Antoine Meunier Attorney for the child Me Magdalena Lempicka Attorney for the applicant Date of hearing: May 21, 2019