S.C.

A child protection matter under the Child and Family Services Act concerning two young sisters whose mother was unable to provide adequate care due to persistent drug abuse.

The Children's Aid Society sought a final order for Crown Wardship without access to permit adoption by the paternal grandparents.

The maternal grandparents sought custody with access provisions.

The court found that while Crown Wardship would provide permanency, a custody order under section 57.1 of the CFSA was in the children's best interests because it would preserve the children's beneficial relationship with their maternal grandparents while ensuring their safety and stability with the paternal grandparents.

The applicants appealed the decision of the Children's Aid Society to remove two foster children from their care.

The Society argued the Board lacked jurisdiction because the applicants' foster home had been closed.

The Board found it had jurisdiction because the applicants were foster parents at the time of the removal.

Applying the best interests of the child test under section 37(3) of the Child and Family Services Act, the Board concluded that returning the children to the applicants' restrictive environment would not be in their best interests, particularly given their need for native cultural exposure and psychological assessment which the Society was funding in their current placement.

The Society's decision to remove the children was confirmed.