Dr. Anee Niec

The Children's Aid Society brought a motion for summary judgment seeking an order that the child be made a Crown ward with no access for the purpose of adoption.

The child had been apprehended after suffering severe injuries while in the mother's care, leading to the mother pleading guilty to aggravated assault.

The court found no genuine issue for trial, noting the mother's inability to safely parent and the child's need for permanency.

The motion was granted, and the child was made a Crown ward with no access.

In a child protection status review proceeding under the Child and Family Services Act, the child protection agency brought a motion for summary judgment seeking a final order placing the child in the custody of kinship caregivers pursuant to s. 57.1.

The evidence demonstrated that the child had lived with the kinship caregivers for over two years, had improved academically and behaviourally in their care, and required permanency and stability.

The mother had pleaded guilty to aggravated assault against another child and had failed to engage meaningfully with services, while the father had disengaged from the proceedings and presented no parenting plan.

Applying the summary judgment test and the best interests of the child analysis under the Act, the court concluded there was no genuine issue requiring a trial.

Custody was granted to the kinship caregivers with parental access restricted to supervised visits.