CHILD PROTECTION - Permanent appointment or Crown wardship

Law360 Canada ( July 29, 2019, 9:46 AM EDT) -- Appeal by the paternal grandmother from an order of Crown guardianship without access. The subject child was born in 2016. The parents lived intermittently with the appellant and her husband. The mother was prescribed methadone during the pregnancy. The child required hospitalization following birth due to issues arising from methadone withdrawal. The Crown took protective care of the child shortly after his birth. The parents were offered extensive services but concerns regarding their parenting capabilities persisted. The concerns related to domestic violence, mental health, parenting practices, substance abuse, the parents’ ongoing conflict with the appellant and failure to attend meetings and appointments. The Minister applied for guardianship and the appellant applied for permanent custody. The application judge refused to hear the custody application prior to the guardianship application, as the grandparents were not parents and the child was already in the Minister’s care. The application judge concluded that the child needed protection and declined a supervision or access order in favour of the parents. Having granted Crown guardianship, the application judge dismissed the appellant’s custody application as moot. Alternatively, the application judge found that the child’s best interests were not consistent with the grandparents’ custody. The grandmother appealed....
LexisNexis® Research Solutions

Related Sections