The Children's Aid Society sought an order for extended society care for a two-year-old child with global developmental delay, arguing the mother was incapable of parenting due to a severe non-verbal learning disability.
The society relied heavily on a parenting capacity assessment by Dr. McDermott.
Following a voir dire, the court ruled the assessment inadmissible, finding it lacked threshold reliability, relied on invalid psychological testing, and the assessor lacked independence.
While the court found the child in need of protection due to the mother's need for support and the child's special needs, it concluded the society had not made adequate efforts to assist the mother or give her a meaningful opportunity to parent.
The court ordered the child returned to the mother's care subject to society supervision, following a graduated transition period.
