The Society brought a summary judgment motion seeking a finding that the child was in need of protection and an order placing the child in the custody of his paternal aunt and uncle.
The mother consented to a protection finding based on emotional harm but opposed findings based on physical harm and the proposed access disposition.
The court granted summary judgment, finding the child in need of protection due to the mother's unresolved substance abuse and domestic violence issues.
The court ordered custody to the kin care providers with specified minimum access for the mother, leaving further expansion of access to the caregivers' discretion.