2 total
Foster child ordered returned to applicant's care after society failed to provide statutory notice of removal.
The applicant foster parent sought a review of the respondent Children's Aid Society's decision to remove a 32-month-old child from her care following a domestic dispute between the applicant and her former partner.
The Child and Family Services Review Board found that the respondent failed to provide the statutorily required notice of removal and improperly removed the child without a local director's opinion of risk.
The Board rejected the respondent's argument that it lacked jurisdiction to order the child returned to a closed Outside Paid Resource foster home.
Applying the best interests of the child test, the Board concluded that the child's physical, mental, and emotional needs, as well as the importance of continuity of care and the child's strong attachment to the applicant, favoured returning the child to the applicant's care.
The removal decision was rescinded.
Children found in need of protection due to mother's substance use; placed with father with increasing access.
The Society brought a protection application regarding two children after discovering their mother's home in a state of severe disarray with accessible drugs and paraphernalia.
The court found the children in need of protection under s. 74(2)(b)(i) of the CYFSA due to the mother's opioid use disorder and the hazardous state of the home.
The court ordered the children placed in the father's care for four months subject to Society supervision.
Recognizing the mother's recent progress in engaging with relapse prevention services, the court ordered a schedule of gradually increasing, unsupervised access for the mother, culminating in equal shared parenting time.
