The child protection agency sought summary judgment for Crown wardship without access for two children who had been in care for extended periods.
The mother had a history of substance abuse and abusive relationships but had made significant progress following residential treatment, including maintaining sobriety, stable housing, and consistent access visits.
The agency argued that a relapse and contact with a prohibited partner justified Crown wardship without trial.
The court held that the single relapse did not make Crown wardship a foregone conclusion and that insufficient evidence was provided regarding the children's best interests and adoption planning.
Summary judgment was dismissed and the matter directed to a limited trial on the mother’s capacity to safely parent under supervision and related access issues.
