Joan Tigert

The Kawartha-Haliburton Children’s Aid Society brought a motion for summary judgment seeking a finding that the child, JB, is First Nations, was removed from parental care due to protection concerns, is in need of protection under the Child, Youth and Family Services Act, 2017 (CYFSA), and should be placed in extended society care for adoption without parental access.

The parents opposed, seeking access.

The court found JB to be a First Nations child and in need of protection due to hazardous home conditions, ongoing parental substance abuse (including carfentanil), and inability to meet the child's developmental and emotional needs.

Despite acknowledging parental poverty and mental health issues, the court determined that the Society had fulfilled its obligations and that extended society care for adoption, with no parental access, was in the child's best interests, particularly given the foster family's demonstrated commitment to preserving the child's Indigenous cultural identity.

The Kawartha-Haliburton Children’s Aid Society (KHCAS) brought a motion for summary judgment seeking extended society care for three children (VP, JP, RP) and termination of parental access, citing physical and emotional harm, substance abuse, and domestic violence.

The parents opposed the orders and sought access.

The court found the children in need of protection under the Child, Youth and Family Services Act, 2017 (CYFSA), noting the parents' extensive history of child protection involvement, their inability to meet the children's significant needs, and their failure to engage in meaningful therapeutic intervention.

Despite the children's Indigenous heritage, the court determined that extended society care with access to the paternal aunt and grandfather, but not the parents, was in the children's best interests, ensuring cultural connection while providing permanence and addressing their complex needs arising from trauma.