A motion by the Children's Aid Society to vary a temporary care and custody order and place the child in society wardship was dismissed.
The court found that the society's evidence, consisting primarily of multiple layers of hearsay regarding allegations of sexual impropriety by the father, was insufficient to meet the statutory test under section 51(3) of the Child and Family Services Act.
The child consistently denied any inappropriate conduct by her father, and all criminal charges against the father had been withdrawn.
The court ordered the child returned to the temporary care and custody of her father, subject to society supervision and specified conditions, finding that the best interests of the child and the paramount purposes of the statute favored reunification.
