2023 QCCQ 4251, 2023 QCCQ 4251

Adoption — 23217 2023 QCCQ 4251 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 505-43-002868-238 DATE: June 13, 2023 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE LYNE MORIN J.C.Q. ______________________________________________________________________ In the matter of the child: : X, born on [...], 2021 A Plaintiff vs.

B Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (Director) presents an application for a declaration of eligibility for adoption of the child X born on [...], 2021 in Town A, province of Quebec. [ 2 ] In support to her application, the Director submits the exhibits D-1 to D-8. [ 3 ] The mother is not present at the hearing.

On May 3, 2023, Justice Roy autorizes the Director to notify the mother by e-mail considering that her current living address is unknown. The mother receives the application on May 5, 2023. She replies and mentions that she will be present at the hearing by TEAMS. In accordance with her request, the Director gives her the visioconfrence’s link.

Before the hearing, the social worker tries to reach her, but the mother doesn’t answer. [ 4 ] The Court proceeds in her absence. [ 5 ] The child has no paternal filiation established by birth certificate. [ 6 ] Since November 22, 2021 the child is subject of the intervention of the Director due to situations of serious risk of neglect and serious risk of physical abuse. The mother is a victim of domestic violence from the biological father, Mr. C. This man has a record of several criminal convictions involving violence. The mother and Mr. C had drug issues in 2021.

At birth, the child tested positive to cocaine and suffered of respiratory distress. The child was hospitalized until November 24, 2021 and the mother visited him only one time. [ 7 ] On November 24, 2021, the Director entrusted the child to his current foster care family as an immediate protective measure. [ 8 ] During the period between November 26, 2021 and January 31, 2022, the mother visited her child on 7 occasions on a possibility of 14.

[ 9 ] The last supervised visit between the child and Mr. C occurred on December 29, 2021. [ 10 ] On March 7, 2022, the mother pressed charges againt Mr. C after being assaulted. Mr. C was arrested and incarcerated. [ 11 ] During the period between January 30, 2022 and September 8, 2022, the mother attended 4 supervised visits on a possibility of 40. [ 12 ] The last visit between the mother and her son took place on April 20, 2022. The mother does not contact the Director or the foster family to inquire about the evolution of the child.

She did not attend any of the child’s medical appointments during the same period. [ 13 ] On June 29, 2022, the Court authorizes the Director to communicate with the hospital to obtain the attestation of birth of the child considering that his birth certificate is not yet issued. [ 14 ] On September 8, 2022, the Court ordered that the child be entrusted to his foster family until his majority and ordered that the contacts between the mother and the child be forbidden.

The Court also withdrew the exercice of certain attributes of parental authority from the mother and authorized the foster family to sign the authorizations for the child for medical, recreational or travel purposes, including the application for a passport. [ 15 ] Since that date, the mother refuses to provide her address and to collaborate with the Director. [ 16 ] Since September 2022, the mother asked about the child only on two occasions. On April 4, 2023, the mother asked to have a picture of her son, specifying “I’m just curious on how he looks, that’s it”.

On April 18, 2023, the mother wrote an e-mail saying that: “X isn’t my child.” [ 17 ] The mother dit not contribute to the maintenance of the child and did not pay any parental contributions. [ 18 ] After analyzing the evidence, the Court concludes that the child is judicially eligible for adoption because his care, maintenance or education has not in fact been taken in hand by the mother for at least six months. Since April 2022, the mother has completly abandoned her child and neglected her parental responsabities.

Although she cares about her son and his well-being, she has no desire to be involved in his life for personal reasons. [ 19 ] According to

section 561 of the Civil Code of Quebec , a child may not be declared eligible for adoption unless it is unlikely that his mother will resume his custody and assume his care, maintenance or education. This unlikelihood is presumed. [ 20 ] The mother has no plan to get her child back. She agrees with the adoption. [ 21 ] The declaration of eligibility for adoption is in the best interest of the child. [ 22 ] The child evolves positively in his foster family. He has a positive and significant relationship with his foster parents.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the present application; [ 24 ] DECLARES judicially eligible for adoption the child X ; [ 25 ] DESIGNATES the Director of Youth Protection A to exercice parental authority in the child X regard; [ 26 ] AUTHORIZES the Court clerk to transmit a copy of the judgment to the Director of Youth Protection A; [ 27 ] AUTHORIZES the Court clerk to transmit a copy of the judgment to the mother by her personal e-mail. [ 28 ] THE WHOLE WITHOUT COST. __________________________________ Lyne MORIN, J.C.Q. Mtre Marie-Christine Tropper Attorney for the Director of Youth Protection

Date of hearing: June 13, 2023