A child protection motion under the Child and Family Services Act sought temporary care and custody of three children following their apprehension from the maternal grandmother’s home.
The society relied on concerns regarding unsafe home conditions, the continued presence of the grandmother’s adult son contrary to prior warnings, and developmental progress observed while the children were in foster care.
The court found the society met the statutory burden under s. 64(8) of the CFSA only in relation to the youngest child, whose health and developmental improvements and attachment in foster care demonstrated that remaining in care was in her best interests.
The evidence did not establish that the two older children’s best interests required continued placement in care, particularly given their lengthy residence with the grandmother and improvements to the home environment.
The court therefore ordered temporary care and custody of the youngest child to the society, while placing the two older children with the grandmother subject to supervision and conditions.