In a child protection proceeding, the court considered whether two young children previously placed with their maternal grandparents should be returned to the parents under an interim supervision order.
The evidence showed both parents had histories of substance abuse, though the mother had demonstrated recent progress through negative drug testing and treatment participation, while the father continued to test positive for marijuana and had not fully advanced in treatment.
The court held that parental drug use may constitute a risk to children depending on the factual context and rejected the argument that drug use alone can never affect parenting capacity.
The children were returned to the mother’s temporary care subject to Society supervision and extensive conditions addressing treatment compliance, drug testing, and supervision of the father’s access.
The father was permitted to remain in the home but could only have supervised contact with the children except in limited circumstances.
