Nova Scotia (Community Services) v. K.W.

Nova Scotia (Community Services) v. K.W.

On the balance of probabilities the child remained in need of protective services under s.22(2)(b) and (d); less intrusive measures had been attempted or were refused and proved inadequate; no viable relative placement was shown; competing expert evidence nonetheless established a significant risk of sexual...

Source-derived case information.

Citation
2014 NSSC 136
Parties
Petitioner: The Minister of Community Services; Respondent (mother): K.W.; Respondent (father): B.W.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 April 2014
Procedural Posture
Child Protection Proceedings (children and Family Services Act) / Final Disposition Hearing and Decision on Permanent Care and Custody
Outcome
Child placed in the permanent care and custody of the Minister of Community Services, without access by the parents
Legal Topics
Permanent Care and Custody, Protection Orders, Risk Assessment, Best Interests of the Child, Supervision Orders, Access/visitation, Statutory Time Limits
Source Language
english
Family Law Child Protection Child Welfare Criminal Law Permanent Care and Custody Protection Orders Risk Assessment Best Interests of the Child +3 more

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Parties

The Minister of Community Services

Petitioner

K.W.

Respondent (mother)

B.W.

Respondent (father)

Procedural Posture

Child Protection Proceedings (children and Family Services Act) / Final Disposition Hearing and Decision on Permanent Care and Custody

Legal Issues

  1. 1 Whether the child remains in need of protective services under s.22(2)(b) and (d)
  2. 2 Whether less intrusive alternatives required by s.42(2) were attempted and failed, refused, or would be inadequate
  3. 3 Whether placement with a relative or community member pursuant to s.42(3) was possible

Ratio Decidendi

On the balance of probabilities the child remained in need of protective services under s.22(2)(b) and (d); less intrusive measures had been attempted or were refused and proved inadequate; no viable relative placement was shown; competing expert evidence nonetheless established a significant risk of sexual recidivism by the father and the mother demonstrated poor judgment and lack of insight making her ability to protect the child doubtful; therefore, permanent care and custody by the Minister without access is in the child's best interests.

Court Disposition

Child placed in the permanent care and custody of the Minister of Community Services, without access by the parents

Orders

  • Child placed in the permanent care and custody of the Minister of Community Services
  • No access to the parents was ordered as it would impair the child's prospects for permanent placement