The applicant children's aid society brought a motion for summary judgment seeking a finding that the child was in need of protection and a deemed custody order placing the child with her paternal aunt and uncle.
The child had been apprehended due to medical and developmental concerns, and the parents' failure to follow medical advice.
The parents opposed the motion.
The court found no genuine issue requiring a trial, noting the child's dramatic improvement in kinship care, the parents' failure to participate in a court-ordered parenting capacity assessment, and the mother's lack of contact with the child for nearly a year.
The court granted summary judgment, found the child in need of protection, and ordered deemed custody to the aunt and uncle with reasonable access for the parents.
