Manager of Child, Youth and Family Services (Nfld. and Lab.) v. R. et al., (2015) 367 Nfld. & P.E.I.R. 266 (NLPC)

• Judge: Porter, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: June 04, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 367 Nfld. & P.E.I.R. 266 (NLPC)

CFS v. R. (2015), 367 Nfld. & P.E.I.R. 266 (NLPC);

    1147 A.P.R. 266

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JN.007

Manager of Child Youth and Family Services v. R. & M.

(Docket: 0813F00019)

Indexed As: Manager of Child, Youth and Family Services (Nfld. and Lab.) v. R. et al.

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

June 4, 2015.

Summary:

The Manager of Child, Youth and Family Services applied for the continuous custody of two children, born in 2011 and 2013. The children had been in a temporary arrangement since they were apprehended six months ago. It was the second time that the children had been taken from their parents. The parents opposed the application and suggested alternatives to a continuous custody order.

The Newfoundland and Labrador Provincial Court determined that the children were in need of protective intervention under ss. 10(1)(a), (c), and (l) of the Child and Youth Care and Protection Act, and placed the children in the continuous custody of the Manager, pursuant to s. 32(2)(d) of the Act. There was no way to predict when the parents might be able to provide a safe environment. The children could not wait for their parents to resolve their issues.

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 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - [See Guardian and Ward - Topic 818.2 ].

Guardian and Ward - Topic 818.2

Public trustee or guardian - Appointment - Child in need of protection - Custody application - The Manager of Child, Youth and Family Services applied for a continuous custody order under the Children and Youth Care and Protection Act - The children had been in a temporary arrangement since they were apprehended six months ago - It was the second time that the children had been taken from their parents - The Newfoundland and Labrador Provincial Court granted the application, in the best interests of the children - The children were in need of protective intervention under ss. 10(1)(a), (c) and (l) of the Act - Other, less intrusive means of protecting the children were not available - The father had been aware of his alcoholism and anger management issues for years, and had not been able to get them under control - The mother persisted on reuniting with him, despite the risk posed to the children - There was no family member who could take the children and keep them safe - A temporary order was unrealistic "because there is no time in the future when we can safely say that the children will not be put at risk by the action or inaction of their parents" - The parents had not corrected the behavior which put the children at risk - A further temporary order would simply be delaying the inevitable, and would expose the children to further risk of harm - See paragraphs 146 to 162.

Cases Noticed:

R. v. Gagnon (L.), [2006] 1 S.C.R. 621; 347 N.R. 355; 2006 SCC 17, refd to. [para. 131].

R. v. R.E.M., [2008] 3 S.C.R. 3; 380 N.R. 47; 260 B.C.A.C. 40; 439 W.A.C. 40; 2008 SCC 51, refd to. [para. 132].

Director of Child Welfare (Nfld.) v. M.J. (1994), 121 Nfld. & P.E.I.R. 16; 377 A.P.R. 16 (Nfld. U.F.C.), refd to. [para. 152].

R.J., Re - see Director of Child Welfare (Nfld.) v. M.J.

Director of Child, Youth and Family Services Health and Community Services Board - St. John's Region v. C.S. and E.S., [2001] Nfld. & P.E.I.R. Uned. 16; 2001 CarswellNfld 40 (Nfld. U.F.C.), refd to. [para. 153].

Manager of Child, Youth and Family Services (Nfld. and Lab.) v. C.B. et al. (2015), 361 Nfld. & P.E.I.R. 225; 1122 A.P.R. 225; 2015 NLTD(F) 5, refd to. [para. 156].

Statutes Noticed:

Children and Youth Care and Protection Act, S.N.L. 2010, c. C-12.2, sect. 10(1)(a), sect. 10(1)(c), sect. 10(1)(l) [para. 148]; sect. 32(2)(d) [para. 157].

Counsel:

J. Pelletier, for the applicant;

M. Evans, Q.C., for R.;

S. Wicks, for M.

This application for continuous custody was heard on May 11-13, 2015, at Grand Bank, NL, before Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment, dated June 4, 2015.