S.M.C., Re, 2001 ABQB 687

• Judge: Watson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 30, 2001
• Citations: 2001 ABQB 687;(2001), 298 A.R. 163 (QB)

S.M.C., Re (2001), 298 A.R. 163 (QB)

MLB headnote and full text

Temp. Cite: [2001] A.R. TBEd. AU.093

In The Matter Of the Child Welfare Act, R.S.A. 1980, c. C-8.1 as amended;

And In The Matter Of the Application by N.D.E. and J.A.L.E. for an Adoption Order in Respect of the Child, S.M.C., born April [X] 2000

(Action No. 46463; 2001 ABQB 687)

Indexed As: S.M.C., Re

Alberta Court of Queen's Bench

Judicial District of Edmonton

Watson, J.

July 30, 2001.

Summary:

Foster parents applied for an order permitting them to adopt their foster child and for dispensing with notice to and consent of the child's biological parents in relation to the adoption.

The Alberta Court of Queen's Bench allowed the application. The court also continued a previous order that banned access to the child by biological family members.

Family Law - Topic 1444

Adoption - Considerations in granting adoption order - Best interests of child - Foster parents applied for an order permitting them to adopt their foster child and for dispensing with notice to and consent of the child's biological parents in relation to the adoption - A home study prepared by a social worker described the applicants as "insightful" and "honest" - The social worker had no concerns about the psychological or emotional functioning of either applicant which would interfere with the placement of the child, or which would impede the applicants' ability to properly parent the child - The social worker's report concluded with the worker's endorsement that the applicants "be approved as a foster to adopt home" - As for the child's biological parents, their whereabouts were unknown - The Alberta Court of Queen's Bench, on the basis of the best interests of the child, allowed the application - The court also continued a previous order that banned access to the child by biological family members.

Family Law - Topic 1567

Adoption - Consent of parents - Dispensing with consent - Considerations - [See Family Law - Topic 1444 ].

Family Law - Topic 1670

Adoption - Effect of adoption - Rights of natural parents - Visiting rights - [See Family Law - Topic 1444 ].

Cases Noticed:

H., Re; P., Re (1992), 127 A.R. 218; 20 W.A.C. 218 (C.A.), consd. [para. 30, footnote 2].

King v. Mr. and Mrs. B., [1985] 1 S.C.R. 87; 57 N.R. 17; 58 A.R. 275; [1985] 3 W.W.R. 1; 16 D.L.R.(4th) 576, consd. [para. 38, footnote 4].

K.K. v. G.L. and B.J.L. - voir/see King v. Mr. and Mrs. B.

King v. Low - voir/see King v. Mr. and Mrs. B.

Catholic Children's Aid Society of Metropolitan Toronto v. C.M., [1994] 2 S.C.R. 165; 165 N.R. 161; 71 O.A.C. 81, consd. [para. 39, footnote 6].

New Brunswick (Minister of Social Services) v. G.C.C., [1988] 1 S.C.R. 1073; 85 N.R. 10; 85 N.B.R.(2d) 252; 217 A.P.R. 252, consd. [para. 40, footnote 7].

A.B.M. v. W.D.G. (1988), 89 A.R. 128 (Q.B.), refd to. [para. 43, footnote 8].

K.K.W. v. E.J.R., C.F.R. and C.T.W. (No. 2) (1989), 102 A.R. 118 (Q.B.), refd to. [para. 43, footnote 9].

Statutes Noticed:

Child Welfare Act, R.S.A. 1980, c. C-8.1, sect. 64(1) [para. 28].

Counsel:

N.D.E. and J.A.L.E., in writing, petitioners;

Francesca Wildman, in writing, for Child Welfare Services, Alberta Ministry of Children's Services.

This application was presented in writing to Watson, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, on July 27, 2001.

Watson, J., delivered the following memorandum of decision on July 30, 2001.