In a child protection motion, the mother sought temporary care and custody of two very young children, alternatively increased access, and a parenting capacity assessment under s. 54 of the Child and Family Services Act.
The court applied the temporary protection risk analysis for the younger child and the material change in circumstances/status quo principles for the older child in status review proceedings.
On the evidence of longstanding neglect, supervision concerns, poor housekeeping, domestic instability, and recent serious incidents in the home, the court held the mother had not shown a material change for the older child and that returning the younger child would create a probable risk of harm not manageable by supervision.
The motion was dismissed except that a parenting capacity assessment was ordered in principle, subject to further particulars.
