Manager of Child, Youth and Family Services, Zone 1 (Nfld. and Lab.) v. C.Y., (2015) 369 Nfld. & P.E.I.R. 308 (NLTD(F))

JudgeFurey, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateJune 25, 2015
JurisdictionNewfoundland and Labrador
Citations(2015), 369 Nfld. & P.E.I.R. 308 (NLTD(F))

CFS v. C.Y. (2015), 369 Nfld. & P.E.I.R. 308 (NLTD(F));

    1150 A.P.R. 308

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JL.034

In the Matter of the Children and Youth Care and Protection Act, S.N.L. 2010, c. C-12.2

Manager of Child, Youth and Family Services, Zone I (applicant) v. C.Y., parent of S.Y. (respondent)

(201404F0332; 2015 NLTD(F) 25)

Indexed As: Manager of Child, Youth and Family Services, Zone 1 (Nfld. and Lab.) v. C.Y.

Newfoundland and Labrador Supreme Court

Trial Division (Family)

Furey, J.

July 22, 2015.

Summary:

The Manager of Child, Youth and Family Services applied for a declaration that a child was in need of protective intervention (Child and Youth Care and Protection Act, ss. 10(1)(a), (c) and (k)) and sought an order of continuous custody (s. 32(2)(d)).

The Newfoundland and Labrador Supreme Court, Trial Division (Family), granted the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Guardian and Ward - Topic 818

Public trustee or guardian - Appointment - Child or adult in need of protection - Protective order - A newborn infant was taken home by his mother subject to a 24/7 hour supervision plan - Two weeks later, Family Services learned that the mother was abusing her prescription medication and was not following the supervision plan - A protective care agreement was executed - Child placed in foster home - Mother's access visits sporadic - She did not address her addiction problem or keep appointments - Had mental health issues - Family Services applied for a declaration that the child, now 15 months old, was in need of protective intervention (Child and Youth Care and Protection Act) - The child's mother did not attend the hearing - The Newfoundland and Labrador Supreme Court, Trial Division (Family), granted the application - The court was satisfied on a balance of probabilities that the child was in need of protective intervention - A continuous custody order was the only appropriate option - The court noted that the mother was given proper notice and given every reasonable opportunity to respond to the application - Procedural fairness was observed - See paragraphs 33 to 53.

Guardian and Ward - Topic 818

Public trustee or guardian - Appointment - Child or adult in need of protection - Protective order - The Newfoundland and Labrador Supreme Court, Trial Division (Family), stated that in determining whether a child was in need of protective intervention under the Child and Youth Care and Protection Act, the court had to consider the circumstances at the date of the hearing - See paragraph 30.

Cases Noticed:

Director of Child, Youth and Family Services (Nfld. and Lab.) v. A.T. and C.E., [2006] Nfld. & P.E.I.R. Uned. 25; 2006 NLUFC 28, refd to. [para. 30].

Manager of Child, Youth and Family Services, Zone H (Nfld. and Lab.) v. S.D., [2013] Nfld. & P.E.I.R. Uned. 46; 2013 NLCA 29, refd to. [para. 31].

F.H. v. McDougall, [2008] 3 S.C.R. 41; 380 N.R. 82; 260 B.C.A.C. 74; 439 W.A.C. 74; 2008 SCC 53, refd to. [para. 31].

Director of Child Welfare (Nfld.) v. S.J. (1993), 113 Nfld. & P.E.I.R. 120; 353 A.P.R. 120 (Nfld. U.F.C.), refd to. [para. 32].

Manager of Child, Youth and Family Services, Zone H (Nfld. and Lab.) v. A.H. (2015), 368 Nfld. & P.E.I.R. 272; 1149 A.P.R. 272; 2015 NLTD(F) 19, refd to. [para. 34].

Manager of Child, Youth and Family Services (Nfld. and Lab.) v. T.R. (2014), 348 Nfld. & P.E.I.R. 96; 1082 A.P.R. 96; 2014 NLCA 19, agreed with [para. 40].

Statutes Noticed:

Children and Youth Care and Protection Act, S.N.L. 2010, c. C-12.2, sect. 8, sect. 9 [para. 27]; sect. 10(1)(a), sect. 10(1)(c), sect. 10(1)(k) [para. 28]; sect. 32(1), sect. 32(2) [para. 49].

Counsel:

Franklin Layte, for the applicant;

No appearance for the respondent.

This application was heard on June 25, 2015, in Corner Brook, NL, before Furey, J., of the Newfoundland and Labrador Supreme Court, Trial Division (Family), who delivered the following decision on July 22, 2015.

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