CHILD PROTECTION - Child protection hearing - Supervision or guardianship - Care and custody of children

Law360 Canada ( February 3, 2025, 9:57 AM EST) -- Appeal by appellant against a court order placing her children in continuous custody of Manager of Child and Youth Services (Manager). The appellant's children were removed from her care due to concerns about their well-being. The Manager sought a six-month temporary custody order. The judge who conducted the presentation hearing placed the children in the Manager's custody until the conclusion of the protective intervention hearing. During this period, the two older children were temporarily relocated to an intensive in-house treatment facility out-of-province. The youngest child was placed in foster care. Although the appellant was permitted contact with the children, she failed to comply with the required conditions, so her access was limited. The appellant did not comply with most of the conditions of the presentation hearing order. The Manager then filed an amended application seeking a continuous custody order. The judge ordered the children into the constant custody of the Manager. While the judge suggested that the children should have supervised access with the appellant if it continued to serve their best interests, the decision regarding appropriate access was left to the Manager. The appellant subsequently challenged the judge's order. She argued that she was denied procedural fairness due to lack of disclosure, impartiality of the judge, and significant delays in the proceedings....
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