Court File and Parties
COURT FILE NO.: FC-15-472 DATE: 2017/07/21 ONTARIO SUPERIOR COURT OF JUSTICE
NO PERSON SHALL PUBLISH OR MAKE PUBLIC INFORMATION THAT HAS THE EFFECT OF IDENTIFYING A CHILD WHO IS A WITNESS AT OR A PARTICIPANT IN THIS HEARING OR THE CHILD’S PARENT OR FOSTER PARENT OR A MEMBER OF THE CHILD’S FAMILY, PURSUANT TO S. 45(8) OF THE CHILD AND FAMILY SERVICES ACT
IN THE MATTER OF THE CHILD AND FAMILY SERVICES ACT, R.S.O. 1990, c. C.11, as am. AND IN THE MATTER OF M, born in 2010 AND IN THE MATTER OF C, born in 2014
BETWEEN:
THE CHILDREN’S AID SOCIETY OF OTTAWA Applicant – and – Ms. F (Mother) Respondent Mr. R (Father) Respondent
Counsel: Marguerite Lewis, Counsel for the Applicant Dominique Smith – Counsel for the Mother Emmanuel Gibson, Counsel for the Father
Endorsement on the Terms of the Supervision Order
P.E. ROGER, J.
[1] This endorsement is made further to my reasons for judgment delivered earlier in this matter (see CAS v. R & F, 2017 ONSC 3886). I made a supervision order to the mother with conditions and provided for supervised access to the father also with conditions. However, when drafting applicable conditions I did not have the benefit of input from the Children’s Aid Society of Ottawa.
[2] I have now received and considered the submissions of all parties relating to the implementation and to the draft terms and conditions contained at paragraph 109 and 113 of my earlier decision and this has been quite helpful.
[3] To start, my earlier endorsement did not provide for the reintegration of the Children M and C. I agree with the Society that gradual reintegration is in the best interests of the Children. However, I find the Society’s proposed schedule to be overly long. The Society shall devise a gradual reintegration schedule that will see the Children M and C return home with the mother on a full time basis by Monday, August 14, 2017. This will allow sufficient time for a gradual reintegration and ensure as well that the Children have time to adjust before September and related changes to the schedule.
[4] It will be easier for all concerned if there is only one set of applicable conditions. Consequently, paragraphs 109 and 113 of the Reasons for Judgment dated July 14, 2017 are hereby revoked and replaced with the following conditions.
Previous para. 109 now becomes:
[5] Consequently, the Children M and C will be placed in the care and custody of Ms. F subject to a twelve-month supervision order with the following terms:
(a) Ms. F shall not reside with Mr. R and shall have no contact or communication with Mr. R except for what is permitted by the Society or by court order and Ms. F shall immediately notify the Society of any contact or attempt at contact by Mr. R.
(b) Ms. F shall not permit Mr. R to have any contact or communication with M and/or C except for contact and communication that is permitted by the Society or by a court order and Ms. F shall immediately notify the Society of any such contact or attempt at contact by Mr. R.
(c) Ms. F shall cooperate with the Society, which includes attending meetings and answering, or returning the Society worker’s electronic or other correspondence and telephone calls.
(d) Ms. F shall cooperate and allow the Society to visit her home on both an announced and unannounced basis, including on weekends and during the evening.
(e) Ms. F shall allow the Society private access to the Children in the home, at school and in the community.
(f) Ms. F shall attend for random drug screens and testing within four hours of being requested by the Society provided that the Society can arrange or facilitate for this to be at no cost to Ms. F (including required transportation and childcare arrangements).
(g) Ms. F shall, within ten (10) days of receipt, sign and return all relevant consent forms requested by the Society, including those relevant to the health and welfare of the Children or to her own involvement with third party service providers and healthcare professionals.
(h) Ms. F shall attend and complete all courses and training reasonably suggested by the Society, including any dealing with abusive spouses, provided that the Society can arrange or facilitate for this to be at no cost to Ms. F (including required transportation and childcare necessitated by such courses) and Ms. F shall as well, at a minimum, contact the Minwaashin Lodge to inquire if and how they could be of assistance.
(i) Ms. F shall notify the Society of any change of email address, phone numbers, or other contact information forthwith.
(j) Ms. F shall notify the Society at least fourteen (14) days in advance of any residential move and any such move is subject to the approval of the Society, not to be unreasonably withheld.
(k) Ms. F shall ensure the Children’s basic needs are met including medical, educational, physical, emotional, and developmental needs.
(l) Ms. F shall bring M and C as required and on a regular basis to their doctors and dentist appointments.
(m) Ms. F shall follow any recommendation made by medical professionals in relation to M and C.
(n) Ms. F shall ensure that any prescribed medication for the Children is administered to them only in accordance with their prescriptions.
(o) Ms. F shall arrange for the Children to be enrolled in school and in pre-school programs that are available and suggested by the Society provided that the Society can arrange or facilitate for this to be at no cost to Ms. F.
(p) Ms. F shall, at all-time, be the primary caregiver for the Children and any alternative caregiver shall be approved by the Society in advance and upon at least a 72-hour notice to the Society. Any proposed caregiver may, at the request of the Society, be interviewed by the Society and shall submit to police checks and other reasonable screening requested by the Society provided that the Society can arrange or facilitate for this to be at no cost to Ms. F.
(q) Ms. F shall not allow other individuals to be in her apartment between midnight and 6:00 a.m. without the prior approval of the Society, not to be unreasonably withheld.
(r) Ms. F shall abstain from use of illegal substances, not allow illegal substances into her apartment and ensure that visitors to her apartment are not under the influence of alcohol or illegal substances.
(s) Ms. F shall not have any contact with Mr. L and shall not permit Mr. L to have any contact or communication with M and C at any time and shall give notice to Society of any contact or of any such attempt by Mr. L.
(t) Any approval of the Society required by this Order shall be in writing.
(u) Ms. F shall not have any contact or communication with B. L., B, D, or G and Ms. F shall immediately notify the Society of any contact or attempt at contact by any of B.L., B, D, or G.
(v) If the Society has specific concerns about the care being provided to the Children by Ms. F, the concerns shall be put in writing without unreasonable delay and delivered to both Ms. F and her lawyer, Mr. Smith, sufficient to allow Ms. F a reasonable opportunity to address any such concerns.
(w) The Society shall assist Ms. F in dealing with government agencies to have her income readjusted in recognition that the Children will be in her care.
(x) Ms. F shall attend at a parenting capacity assessment as ordered below.
(y) In the event that Ms. F enters into a new romantic relationship, she shall not introduce this person to the Children prior to advising the Society of the identity of this person and prior to allowing to the Society a reasonable amount of time to conduct a child welfare background check.
[6] I have not provided for access between M and C and D and G because this would not be in the best interests of M and C on a long term basis considering the stated goal of this Court of offering the Children a new start. The redraft of paras. (f), (h), (o), and (p) above does not offend s. 57(8)(c) of the CFSA and should sufficiently protect the Children.
Previous para. 113 now becomes:
[7] The applicable test for continued access by Mr. R is for the Court to allow access unless the Court is satisfied that continued contact with him would not be in the Children’s best interests. Considering the factual findings made above, I am satisfied that unsupervised or even frequent supervised contact would not be in the best interests of the Children. However, I am not satisfied that limited and supervised access by Mr. R of the Children would not be in the Children’s best interests. Consequently, access by Mr. R shall be supervised by the Society as it has been to date, but shall be limited to one hour once every two weeks (preferably during weekends not to interfere with school), and shall be subject to the following conditions:
(a) Mr. R shall follow the access rules of the Society and shall cooperate with the Society, including returning messages and attending requested meetings.
(b) Mr. R shall notify and keep the Society informed of his residential address and telephone number.
(c) Mr. R shall sign all relevant consent forms requested by the Society.
(d) Mr. R shall attend and complete all courses and training suggested by the Society.
(e) Mr. R shall not reside with Ms. F and shall not have any contact or communication with Ms. F except for what is permitted in writing by the Society or by court order and Mr. R shall immediately notify the Society of any contact or attempt at contact by Ms. F.
(f) Mr. R shall have no unsupervised contact to M and C.
(g) Subject to the views and preferences of Ms. F, expressed to the Society, Mr. R may bring age-appropriate gifts and clothing to M and C during his supervised access visits provided that same is in the circumstances reasonable.
(h) If this can reasonably be facilitated by the Society, weather-permitting, Mr. R may exercise some of the supervised access outdoors.
Justice Pierre E. Roger