The Office of the Children's Lawyer brought a motion to rescind its appointment as legal representative for a medically fragile infant subject to a child protection proceeding and to remove its assigned counsel.
The child, born with serious cardiac defects, was in the care of the Society and subsequently suffered a life-threatening infection.
A dispute arose between the child's mother and the hospital regarding medical treatment, including a potential do-not-resuscitate order.
The court dismissed the OCL's motion, finding that legal representation remained desirable to protect the child's interests despite the child's inability to provide instructions.
The court awarded costs against the OCL for failing to properly re-evaluate its position in light of changed circumstances.
