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Single relapse did not justify summary judgment for Crown wardship.
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.
