Family and Children's Services of Queens County v. F.J.M. et al., (1999) 184 N.S.R.(2d) 195 (FC)

• Case Date: June 22, 1999
• Jurisdiction: Nova Scotia
• Citations: (1999), 184 N.S.R.(2d) 195 (FC)

CFS v. F.J.M. (1999), 184 N.S.R.(2d) 195 (FC);

 573 A.P.R. 195

MLB headnote and full text

Temp. Cite: [2000] N.S.R.(2d) TBEd. MY.024

Family & Children's Services of Queens County (applicant) v. F.J.M and R.F. (re­spondents) and S.W. (third party)

(F.LP. No. CS-01)

Indexed As: Family and Children's Services of Queens County v. F.J.M. et al.

Nova Scotia Family Court

Daley, J.F.C.

June 22, 1999.

Summary:

Children's Services (Queens County) took an infant child into care under the Child and Family Services Act. Children's Services alleged that the child was physically injured and in need of pro­tective services under s. 22(2). Subsequently, the child was found to be in need of protec­tive services under s. 39. The mother con­tested the appointment.

The Nova Scotia Family Court held that the child was in need of protection and granted a temporary order under s. 40 of the Act.

Evidence - Topic 2725

Polygraph - Admissibility (incl. offer to take) - The Nova Scotia Family Court discussed the admission of polygraph evidence in civil proceedings - See para­graph 15.

Guardian and Ward - Topic 817

Public trustee or guardian - Appointment - Child or adult in need of protection - Temporary appointment - A five month old child was taken to the hospital by its mother for severe burns to her right hand and minor burns to her forehead - The mother asserted that the child was asleep on a mattress on the floor near a heater when she rolled onto the heater and burned herself - The child was taken into care by

Children's Services (Queens County) under the Child and Family Services Act - Chil­dren's Services alleged that the child was physically injured and in need of protective services under s. 22(2) - Subsequently, the child was found to be in need of protection services under s. 39 - The mother con­tested the appointment - The Nova Scotia Family Court held that the mother's ex­planation for the burns was not plausible -The child was in need of protection - The court granted a temporary order under s. 40 of the Act.

Guardian and Ward - Topic 820.1

Public trustee or guardian - Appointment - Review of temporary appointment or su­pervision order - [See Guardian and Ward - Topic 817 ].

Cases Noticed:

D.M.E. v. Nova Scotia (Minister of Social Services) (1987), 80 N.S.R.(2d) 46; 200 A.P.R. 46 (F.C.), refd to. [para. 15].

Counsel:

Alan Ferrier, for the applicant;

Philip Leefe, for the respondent;

Robert D. Chipman, for the third party;

R.F., unrepresented.

This case was heard before Daley, J.F.C, of the Nova Scotia Family Court, who delivered the following decision on June 22, 1999.