In a child protection proceeding involving a medically fragile infant hospitalized with severe cardiac complications, the Society sought authority over medical decision‑making after concerns arose about the mother’s refusal to consent to a potential do‑not‑resuscitate order.
The court held the matter should be determined de novo and that the Society bore the burden of showing why the parent should be deprived of decision‑making authority.
Evidence demonstrated the mother had consistently engaged with medical professionals and appropriately consented to prior treatments.
Applying the principle of least intrusive intervention under the Child and Family Services Act, the court concluded there was no basis to remove the mother’s authority.
The court therefore vested medical decision‑making authority in the mother pursuant to s.62 while the child remained in temporary Society care.
