This child protection application involved a temporary care and custody hearing for two children (ages 14 and 12) removed from their mother's care.
The Children's Aid Society sought court approval for the current placements.
A key issue was the Society's failure to provide proper notice to the children aged 12 and older, as required by s. 79(4) of the Child, Youth and Family Services Act (CYFSA).
The court emphasized that this statutory requirement is mandatory and cannot be overlooked due to exigencies.
The hearing was adjourned for two days to allow the Society to serve notice to the children.
Despite the adjournment, the court issued a temporary, without prejudice order approving the children's current placements (son with maternal grandmother, daughter in society care) based on evidence of risk of harm if returned to the mother's care, including hazardous home conditions, drug paraphernalia, inadequate supervision, and allegations of physical and sexual inappropriateness.
