In a child protection trial under the CYFSA, the court found the child in need of protection based on risk of physical harm, risk of emotional harm, and the mother’s unavailability at the time of apprehension.
The court accepted evidence of serious, longstanding, and largely untreated mental health concerns affecting the mother’s ability to regulate conduct, cooperate with professionals, and make child-focused decisions, and also found unresolved risk arising from an adult child residing in the home.
Although the mother demonstrated strengths in housing, instrumental care, and positive access, the court held that neither return nor supervision was sufficient to protect the child because the requisite cooperation, insight, and reliability were absent.
A six-month interim society care order was made, with specified minimum unsupervised access for both parents.
