This decision clarifies the authority to consent to medical treatment for a child temporarily placed with kin under a supervision order pursuant to the Child, Youth and Family Services Act (CYFSA) and the Health Care Consent Act (HCCA).
The court held that while parents retain the right to make medical decisions if available, the kin caregiver who has day-to-day care and is most accessible to medical professionals may consent to treatment if the parents cannot be reached.
The decision distinguishes the authority of the Society when a child is in its temporary care versus when placed with kin, emphasizing the statutory hierarchy and the need for reasonable efforts to consult parents before kin consents.
The ruling provides a practical framework for consent in complex child protection scenarios involving temporary placements with kin.
