Manager of Child, Youth and Family Services (Nfld. and Lab.) v. A.D., (2015) 370 Nfld. & P.E.I.R. 1 (NLTD(F))

• Judge: McGrath, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: July 30, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 370 Nfld. & P.E.I.R. 1 (NLTD(F))

CFS v. A.D. (2015), 370 Nfld. & P.E.I.R. 1 (NLTD(F));

    1153 A.P.R. 1

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. AU.008

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

Manager of Child, Youth and Family Services (applicant) v. A.D. (parent of: N.H. (DOB [xxx] 2002) and R.R. (DOB [xxx], 2006)

(respondent)

(20102U0160; 2015 NLTD(F) 26)

Indexed As: Manager of Child, Youth and Family Services (Nfld. and Lab.) v. A.D.

Newfoundland and Labrador Supreme Court

Trial Division (Family)

McGrath, J.

July 30, 2015.

Summary:

The Manager of Child, Youth and Family Services applied for an order placing the two children (ages 12 and 8) in the temporary custody of the Manager for six months, on the grounds of the mother's drug use and non-compliance with drug testing; lack of supervision and deficiencies in caring for the children; and alleged choice of partners with a history of domestic violence and resulting domestic violence in the home. The mother asked that both children be returned to her custody under the supervision of the Manager for six months.

The Newfoundland and Labrador Supreme Court, Trial Division (Family), granted the application. The children were in need of protective intervention, within the meaning of s. 10(1)(l) of the Children and Youth Care and Protection Act (risk of violence). The appropriate order under s. 32(2) was to place the children in the temporary custody of the Manager.

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 815

Public trustee or guardian - Appointment - Child or adult in need of protection - Considerations (incl. best interests of child) - [See Guardian and Ward - Topic 817 ].

Guardian and Ward - Topic 815.13

Public trustee or guardian - Appointment - Child in need of protection - Exposure to violence - [See Guardian and Ward - Topic 817 ].

Guardian and Ward - Topic 817

Public trustee or guardian - Appointment - Child or adult in need of protection - Temporary appointment - The Manager of Child, Youth and Family Services applied for an order placing the two children (ages 12 and 8) in the temporary custody of the Manager for six months, on the grounds of the mother's drug use and non-compliance with drug testing; lack of supervision and deficiencies in caring for the children; and alleged choice of partners with a history of domestic violence and resulting domestic violence in the home - The mother asked that both children be returned to her custody under the supervision of the Manager for six months - The Newfoundland and Labrador Supreme Court, Trial Division (Family), granted the application - The Manager had proven on a balance of probabilities that the risk of domestic violence in the mother's relationship with C.B., who had prior convictions for assaults against a previous girlfriend, resulted in the children being in need of protective intervention (Children and Youth Care and Protection Act s. 10(1)(l)) - The risk of the children's exposure to domestic violence was "too great at this time" - With respect to the mother's statement that she and C.B. were prepared to ensure that C.B. was not around the children, C.B. did not testify - The Court was not satisfied that the mother had done the work required to have the level of insight necessary to act protectively to ensure the children were not exposed to domestic violence - It was in the children's best interests to be placed in the Manager's custody for six months, allowing the mother time to gain more insight into her relationship with C.B. and the risk that it posed to herself and her children.

Cases Noticed:

Director of Child, Youth and Family Services, Health and Community Services Board (St. John's) v. J.F. et al. (2006), 259 Nfld. & P.E.I.R. 296; 781 A.P.R. 296; 2006 NLCA 35, refd to. [para. 57].

R. v. Best (C.A.T.) (2014), 355 Nfld. & P.E.I.R. 82; 1106 A.P.R. 82; 2014 NLTD(G) 108, refd to. [para. 62].

Statutes Noticed:

Children and Youth Care and Protection Act, S.N.L. 2010, c. C-12.2, sect. 10(1)(l) [para. 22]; sect. 32(2)(c) [para. 23]; sect. 48 [para. 56].

Counsel:

Annette Duffy, for the applicant;

Riley Moss, for the respondent.

This application was heard at St. John's, Newfoundland and Labrador, on May 14, 15, 19 and 20, 2015, before McGrath, J., of the Newfoundland and Labrador Supreme Court, Trial Division (Family), who delivered the following judgment, dated July 30, 2015.