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The court granted summary judgment placing two children in the permanent care of a kin caregiver due to the mother's unmitigated mental health risks.
The Children's Aid Society of Toronto brought a summary judgment motion seeking a final order to place two children (J.W. Jr. and A.D.) in the permanent care and custody of a kin caregiver (C.R.) under section 102 of the Child, Youth and Family Services Act.
The Society also sought orders regarding access for the mother (S.D.) and fathers, and the kin caregiver's ability to secure documentation and travel with the children.
The mother opposed the motion, seeking the return of the children, but did not file affidavit evidence.
The court found no genuine issue requiring a trial, concluding that the mother's untreated and recurring mental health issues posed a high and unmitigated risk to the children, and her plan of care was not in the children's best interests.
The court granted the Society's requested orders, emphasizing the children's need for permanency, their special needs, and their Métis cultural connection with the kin caregiver.
