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Board rescinds CAS decision and orders child placed with applicants who can better address special needs.
The applicants applied to the Child and Family Services Review Board for a review of a Children's Aid Society decision refusing their application to adopt a two-year-old child.
The Society had approved both the applicants and another family as adoptive parents, but chose the other family because they had previously adopted the child's half-sibling.
The Board found that the child had special needs, including a global developmental delay, and that the applicants were better equipped to address these needs and to maintain the child's existing relationship with her maternal grandmother.
The Board rescinded the Society's decision and ordered that the child be placed for adoption with the applicants.
Child sexual assault convictions upheld despite evidentiary and charge complaints.
The appellant appealed convictions for sexual offences against two child complainants and sought a proportionate sentence reduction if one conviction were overturned.
The court rejected challenges to the jury charge on reasonable doubt, held that any error in admitting two prior discreditable incidents was harmless, and found no reviewable prejudice arising from the treatment of prior statements.
On the second complainant's count, the court upheld admission of a videotaped statement under s. 715.1 of the Criminal Code notwithstanding a delay of approximately two years, relying on the evidentiary record explaining delayed disclosure by a timid child witness.
The conviction appeals were dismissed, leave to appeal sentence was granted, and the sentence appeal was dismissed.