Fatima Husein

A child protection application brought by the Catholic Children's Aid Society of Toronto seeking a finding that four children (ages 10, 8, and 7-year-old twins) were in need of protection under sections 74(2)(b) and (h) of the Child, Youth and Family Services Act.

The society alleged the children were at risk of physical and emotional harm due to the father's history of domestic violence against the mother, inappropriate physical discipline of the children, exposure to high levels of parental conflict, and poor decision-making regarding the children's medical care and education.

The mother consented to the finding and the proposed disposition.

The father opposed the application and sought custody or alternatively a supervision order.

The court found the children were in need of protection and placed them in the custody of the mother with supervised access to the father.

A children's aid society brought a motion under section 74 of the Child and Family Services Act seeking an order to compel a hospital to produce clinical records and reports regarding a 16-year-old child in protection proceedings.

The child had disclosed allegations of sexual abuse facilitated by her mother and was placed in society care.

The society sought the records to facilitate treatment planning.

The child opposed the motion, indicating she would consent to direct release to her treatment providers.

The court dismissed the motion, finding that the society had not met the low threshold of establishing relevance, particularly where the records were sought for treatment facilitation rather than investigation of protection concerns, and where the child's privacy interests and therapeutic needs could be adequately addressed through alternative means.