7 total
Children's Aid Society breached obligation to provide foster parent with timely reasons regarding openness requirements.
The Applicant, a foster parent planning to adopt a three-year-old child, filed an application alleging the Respondent Children's Aid Society failed to provide adequate reasons for decisions affecting her interests.
Specifically, the Applicant alleged the Respondent failed to explain its change in position requiring openness with the child's grandmother, failed to provide supporting policies, and failed to explain why openness was promoted over permanency.
The Child and Family Services Review Board found that the Respondent breached its obligation to provide meaningful and timely reasons for its decisions regarding openness and permanency planning.
Secure treatment order set aside as statutory criteria for recent attempt of serious bodily harm unmet.
The appellant appealed a trial judge's order committing a youth to a secure treatment program for 180 days under the Child, Youth and Family Services Act.
The trial judge found that the youth had attempted to cause serious bodily harm within the preceding 45 days based on a threat to jump off a bridge, ingestion of an unidentified quantity of methamphetamine, and an involuntary hospital admission for suicidal ideation.
The Divisional Court allowed the appeal, finding that the trial judge erred in law because the incidents amounted to mere threats or lacked evidence of actual harm or risk of serious bodily harm.
The secure treatment order was set aside.
Child protection order upheld but access reduction remitted for failing to consider federal Indigenous child legislation.
The appellant mother appealed a trial decision finding her three children in need of protection and placing them in extended Society care.
The trial judge also reduced the mother's access from weekly to bi-monthly.
The Divisional Court dismissed the appeal regarding the protection finding and disposition, finding no palpable and overriding error in the trial judge's assessment of the risks and the mother's plan.
However, the Court allowed the appeal regarding access, finding the trial judge erred in law by failing to give full effect to section 17 of the federal Act Respecting First Nations, Inuit and Metis Children, Youth and Families, which requires promoting ties to family for Indigenous children.
The access issue was remitted to the trial judge for reconsideration.
Extended society care ordered for First Nations children due to strong attachment to foster parent.
The Children's Aid Society sought an extended society care order for three First Nations children who had been in foster care for over three years.
The mother, who had overcome substance abuse and secured housing, sought their return.
The court found the children in need of protection due to the mother's past neglect and failure to protect them.
Applying the augmented best interests test under the CYFSA and the Federal Act, the court concluded that removing the children from their long-term foster mother, to whom they were securely attached, would cause unacceptable emotional harm.
The children were placed in extended society care with access granted to the mother, siblings, and father.
The court found two children in continued need of protection, terminating the order for the older child and granting custody of the younger child to kin caregivers.
The Children's Aid Society initiated a Status Review Application concerning two children, S.W. (17) and S.H. (6), who were previously under a supervision order with their mother.
The Society sought termination of the order for S.W. and extended society care (later custody to kin) for S.H. The mother and S.H.'s father opposed, seeking return of the children.
The court found both children remained in need of protection due to the parents' persistent instability, mental health issues, and lack of engagement.
It ordered the termination of the order for S.W. (who was doing well with paternal family in New Brunswick) and granted custody of S.H. to the kin caregivers (L.B. and Q.B.) in New Brunswick, with incidental orders for access and authority to obtain identification without parental consent.
Child placed with grandparents; father granted eight hours access, mother granted two hours supervised access.
The Children's Aid Society brought motions to place the child in the temporary care and custody of the paternal grandparents, with specified access for the father and supervised access for the mother.
The mother brought a cross-motion for expanded unsupervised access.
The court granted the Society's motions, placing the child with the grandparents on consent.
The court ordered the father to have a minimum of eight hours of access per week, with the Society having discretion over supervision.
The mother was granted a minimum of two hours of supervised access per week due to concerns about her mental health and behavior, and the lack of an approved supervisor, with a view to expanding access if a suitable supervisor is found.
Summary judgment granted placing child in extended society care with no access due to mother's unaddressed substance abuse.
The Children's Aid Society brought a motion for summary judgment seeking a finding that the child was in need of protection and an order for extended society care with no access.
The mother had a history of substance abuse and criminal activity, and failed to comply with previous court orders or address the protection concerns.
The court found no genuine issue for trial, determined the child was in need of protection, and ordered extended society care.
The court also terminated the mother's access, finding it was not beneficial and meaningful to the child.
