This temporary care and custody hearing concerned two Indigenous children, R.R. (born 2017) and X.E. (born 2020), registered with the Oneida Nation of the Thames.
Less than a month after final orders placed the children in their mother's care under supervision, the Children's Aid Society of London and Middlesex initiated a Status Review Application due to new protection concerns, including unexplained injuries to X.E., weight loss, inconsistent daycare attendance, and the mother's alcohol consumption and inconsistent commitment to access.
The Society sought temporary care and custody, while the mother sought the children's return under strict supervision or alternative placements.
The court found that the Society met its onus to establish that the children would likely suffer harm if returned to the mother and that supervision terms would not adequately protect them.
Considering the Child, Youth and Family Services Act, 2017 (CYFSA) and An Act respecting First Nations, Inuit and Métis children, youth and families (Federal Act), the court determined that the children's safety, security, and well-being necessitated their continued placement in Society care, despite the Federal Act's emphasis on cultural continuity and family preservation.
The mother's motions for return, alternative placement, and maximum parenting time were dismissed.
