Lynda Ross

A child protection trial concerning two young children (ages 5 and 4) where the Children's Aid Society of Toronto sought crown wardship without access for purposes of adoption.

The mother opposed the application and sought return of the children to her care subject to a supervision order.

The court found the children in need of protection due to the mother's serious mental illness (schizophrenia), which resulted in multiple involuntary hospitalizations and periods of inability to care for the children.

Although the mother demonstrated some mental health stabilization and was cooperative with services, the court found she lacked insight into her condition, had no adequate safety plan for potential relapses, and demonstrated inadequate parenting skills despite therapeutic intervention.

The court ordered the children to be made crown wards without access, finding this was in the children's best interests given their need for certainty, stability, and permanence.

The child applied to the Child and Family Services Review Board for a review of her emergency admission to a secure treatment program.

The child argued that the criteria for emergency admission under section 124(2) of the Child and Family Services Act had not been met.

The majority of the Board found that the child suffered from a mental disorder, had caused or threatened serious bodily harm, and that the secure treatment program was necessary and appropriate.

The Board concluded that all criteria were met and denied the application for release.

A dissenting member would have released the child, finding insufficient evidence that appropriate treatment was available or that less restrictive methods were inappropriate.

The applicant child applied to the Child and Family Services Review Board for release from a secure treatment program, arguing the criteria for emergency admission under the Child and Family Services Act were not met.

At the commencement of the hearing, the applicant withdrew the application.

The applicant explained that her mother, who had provided surety for her in a separate criminal matter, threatened to withdraw the surety if the applicant was released from the treatment centre, which would result in the applicant returning to custody.

The applicant, a 14-year-old child, applied to the Child and Family Services Review Board for release from a secure treatment program at Youthdale Treatment Centres.

The child argued that the criteria for emergency admission under subsection 124(2) of the Child and Family Services Act were not met.

The Board found that the evidence did not support a conclusion that the child had a mental disorder as defined in the Act, noting that neither the hospital nor the foster home took extra precautions following a reported suicide attempt.

The Board unanimously ordered the child's release from the secure treatment program.