Nova Scotia (Community Services) v. E.G.

Nova Scotia (Community Services) v. E.G.

On the balance of probabilities the Minister proved the children remained in need of protective services and that there was a substantial risk of physical and emotional harm (s.22(2)(b),(g),(ja)) due to parental cognitive impairments, history of domestic violence, inadequate supervision and lack of insight; reasonable services had been attempted but the risks were unlikely to be remedied within the statutory timeframe; the proposed kinship plan by D.G. was inadequate and she was denied standing; accordingly permanency required placing the children in the permanent care and custody of the Minister and no access was ordered because it would impair adoption opportunities.

Citation
2016 NSFC 16
Parties
Applicant / Agency: Minister of Community Services; Mother / Respondent: E.G.; Father / Respondent: T.C.; Maternal Grandmother / Third Party Applicant: D.G.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
13 June 2016
Procedural Posture
Permanent Care Application (children and Family Services Act) / Final Disposition Hearing / Decision (permanent Care Hearing)
Outcome
Children placed in the permanent care and custody of the Minister of Community Services; application for standing by maternal grandmother dismissed; no access ordered
Legal Topics
Permanent Care, Custody, Access, Parental Capacity Assessment, Kinship Placement, Substantial Risk, Services to Promote Family Integrity, Timelines Under CFSA
Source Language
English
Family Law Child Protection Adoption Permanent Care Custody Access Parental Capacity Assessment Kinship Placement +3 more

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Parties

Minister of Community Services

Applicant / Agency

E.G.

Mother / Respondent

T.C.

Father / Respondent

D.G.

Maternal Grandmother / Third Party Applicant

Procedural Posture

Permanent Care Application (children and Family Services Act) / Final Disposition Hearing / Decision (permanent Care Hearing)

Legal Issues

  1. 1 Whether the children remain in need of protective services
  2. 2 Whether the Minister proved substantial risk under s.22(2)(b),(g) and (ja)
  3. 3 Whether less intrusive measures and services were attempted or would suffice

Ratio Decidendi

On the balance of probabilities the Minister proved the children remained in need of protective services and that there was a substantial risk of physical and emotional harm (s.22(2)(b),(g),(ja)) due to parental cognitive impairments, history of domestic violence, inadequate supervision and lack of insight; reasonable services had been attempted but the risks were unlikely to be remedied within the statutory timeframe; the proposed kinship plan by D.G. was inadequate and she was denied standing; accordingly permanency required placing the children in the permanent care and custody of the Minister and no access was ordered because it would impair adoption opportunities.

Court Disposition

Children placed in the permanent care and custody of the Minister of Community Services; application for standing by maternal grandmother dismissed; no access ordered

Orders

  • Children placed in the permanent care and custody of the Minister of Community Services pursuant to s.42(1)(f) and s.47
  • Application for standing and proposed Plan of Care by D.G. dismissed