Tammy Law

This is a costs decision in a child protection matter under Part III of the Child and Family Services Act.

The mother sought trial costs of $21,919.39 against the Catholic Children's Aid Society.

The court found that while the society's overall conduct did not warrant a full costs award, the society engaged in serious unfair dealing by injecting unsubstantiated risk factors (alcohol and drug abuse, mental illness) into its risk assessment documents regarding the mother.

The court awarded partial costs of $5,000 to the mother, finding that this misrepresentation constituted a "smearing" of the parent that violated principles of fair dealing required under child protection law.

The court emphasized that child protection agencies must maintain proportionate intervention, provide fair disclosure, and avoid manipulating risk calibration through false information.

A temporary care and custody motion concerning a three-month-old child apprehended at birth due to security concerns at the hospital involving the mother's family and the mother's own developmental disabilities.

The mother sought return of the child to her care under a supervision order, with an alternate plan for placement with her godmother.

The court dismissed the mother's primary plan, finding that her functional deficits—including illiteracy, short-term memory challenges, and poor judgment in personal relationships—combined with her demonstrated inability to cooperate with the child protection agency, meant that no supervision order could adequately protect the child from risk of harm.

The court granted the mother's alternate plan, placing the child in the temporary care and custody of the godmother under a supervision order with specified terms and conditions.