The Child and Family Services of Grand Erie applied for a warrant under section 81(2) of the Child Youth and Family Services Act to apprehend four children from their mother, S.S. This was the second such application, the first having been denied.
The court denied the application again, finding that the Society failed to establish imminent risk, explore less restrictive alternatives, or provide full and fair disclosure of the previous denial and its reasons.
The court emphasized the parent's right to refuse ongoing services and cautioned against the Society's practice of re-litigating the same issue without substantially new evidence, bordering on res judicata.
