Courtney M. Rubin

A status review application under Part III of the Child and Family Services Act concerning two young children (ages 4 and 5) who had been apprehended and placed in foster care.

The Windsor-Essex Children's Aid Society sought a finding that the children remain in need of protection and sought a Crown wardship order without access.

The respondent mother sought to have the children returned to her care subject to society supervision.

The court found that the children remain in need of protection due to the mother's inability to consistently manage the children's complex behavioural and emotional needs despite participating in numerous parenting programs over three years.

The court ordered Crown wardship with no access, finding that the children's best interests were served by remaining in their stable foster placement with Ms. Ba., where their emotional and behavioural needs were being appropriately met.

A kinship care provider sought to be added as a party respondent to a child protection proceeding and requested disclosure of a parenting capacity assessment.

The child, diagnosed with hydrocephalus, had been placed in the kinship care provider's home since 12 days old.

The Society and biological parents had reached a settlement agreement to return the child to parental care with supervision.

The court determined that kinship care placements are akin to foster care placements and that the kinship care provider, having continuously cared for the child, was entitled to enhanced participation rights under the Child and Family Services Act.

Rather than adding the provider as a full party, the court granted enhanced participation rights including disclosure of key documents and participation in settlement conferences.

In a child protection status review hearing under Part III of the Child and Family Services Act, the respondent mother brought a mid-trial motion requesting that two society witnesses be recalled for re-cross-examination.

The court denied the motion, finding that the respondent mother's counsel had adequate opportunity to cross-examine the witnesses prior to trial and at trial, no new evidence had emerged that would warrant re-cross-examination, and allowing the recall would cause undue delay prejudicial to the children's interests.

However, the foster mother was ordered to be recalled to give evidence regarding events occurring after April 1, 2015.

Status review applications concerning three children found to be in need of protection due to parental substance abuse and domestic conflict.

The court granted custody of two older children to maternal grandparents under section 57.1 of the Child and Family Services Act.

The youngest child was placed with the grandparents subject to Society supervision for nine months.

The court established a five-week access schedule for all three children with their parents to minimize transitions and disruption while maintaining parental relationships.

The court rejected the father's request to have one child placed in his sole care, finding that keeping siblings together was in their best interests.