The applicant Society sought a temporary care and custody order to keep the 10-year-old child in care, while the respondent mother and First Nation requested the child be returned to the mother under supervision.
The child had significant behavioural challenges and trauma from past abuse, and had been placed in specialized foster homes far from her community, which prevented her from accessing necessary trauma therapy.
The court found that the mother had taken significant steps to secure housing and services, and that keeping the child in care without proper therapy was causing harm.
The court concluded there were no reasonable grounds to believe the child was likely to suffer harm if returned to the mother, and ordered the child returned subject to a supervision order with conditions.
