P.M. and L.M. v. Highland Shores Children’s Aid Society, 2014 CFSRB 45

Child and Family Services Review Board

P.M. & L.M.

v.

Highland Shores Children’s Aid Society

REASONS FOR DECISION: ORDER

Date: August 13, 2014

Citation: 2014 CFSRB 45

Indexed as: P.M. and L.M. v. Highland Shores Children’s Aid Society (CFSA s.61)

Order

1This is an application under s. 61 (7.1) of the Child and Family Services Act, relating to the child, [the child], born [ ] (“child”).

2Having heard the evidence and the submissions of the parties, the Board:

1. Finds that the action that is in the best interest of the child is that he be returned to the foster care of the Applicants, with supports.

2. Rescinds the decision to remove the child and orders that the child be returned to the foster care of the Applicants on November 1, 2014.

3. Orders that, pursuant to Rules 30.1 and 30.2 of the Board’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any Board documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The Board prohibits the use of any of this information for any purpose outside of the Board’s proceedings. The parties may share this decision with persons or agencies mentioned in the decision that are or may be providing services for the child or the Applicants.

3The Board will stay seized for implementation purposes until further notice.

4The Board finds that the following steps are in the child’s best interests, linked to his return to the foster care of the Applicants. To ensure that the child’s best interests are met, the Society should:

In cooperation with the Applicants and community living, the current caregiver:

1. Start an immediate transition back to the Applicants’ home with extended and then overnight visits in the home.

2. Immediately secure the same or similar supports to those of the current associate home by using those that already exist by whatever means possible or by securing similar supports through hiring or training specialized supports; in this regard, the Applicants could pursue becoming an associate home for community living (in addition to a foster home) to grant them access to the community living resources. If possible, the same personnel as used by the associate home should be used for relief for the Applicants and the associate foster parents should provide regular, ongoing respite. If not possible, the Society may have to look outside of its jurisdiction and/or make exceptions within its organization structure and usual practice to ensure the appropriate supports are put in place.

3. Immediately obtain a clinical consultant (psychologist or psychiatrist) with knowledge of autism and child development to provide guidance and direction about the child’s care and transition from a holistic perspective that addresses attachment issues as well as the child’s evolving special needs as in the home, at school and in the community. This clinician should work closely with all involved.

4. Immediately appoint a strong case manager, preferably at the management level with the experience and skills to address all facets of the child’s needs and work with all caregivers and service providers.

5. Ensure the Applicants obtain the ABA training in September and, as soon as possible, additional training at the [Centre]; ensure that in the future, the Applicants obtain training as recommended by the consulting clinician.

6. Gradually transition the child from the current two on one school placement at community living to the school he will be attending when all pieces are in place.

7. As soon as possible, initiate an ICRP and updated IEP in the new school/ board and obtain a comprehensive psycho-educational assessment to meet the child’s needs; this will include advocacy and cooperation with the school board.

5Further, the Child’s Counsel (“OCL”) should contact the Office of the Provincial Advocate for Children and Youth on behalf of the child, with his consent, to help secure the child an advocate to assist in accessing resources and navigating the various systems.

6The Reasons for this decision will follow.