A child protection application under Part V of the Child, Youth and Family Services Act, 2017 concerning a child born to parents with a history of prior child protection findings.
The respondent father had been convicted of serious sexual offences including sexual abuse of a child, possession of child pornography, and indecent exposure.
The child was apprehended at birth and placed with the paternal grandmother and uncle.
The Society sought a finding that the child was in need of protection under clause 74(2)(d) (risk of sexual abuse or exploitation) and sought placement with the paternal grandmother and uncle under Society supervision.
The respondent parents sought dismissal of the application or, alternatively, return of the child to their care.
The court found the child was in need of protection but determined that placement with the parents under Society supervision was in the child's best interests, recognizing the father's prosocial behaviour over many years, the mother's demonstrated protective capacity, and the child's strong attachment to both parents.
