Digest: B.R., Re, 2018 SKQB 261

• Date: September 18, 2019

Reported as: 2018 SKQB 261

Docket Number: QB18252 , FSM 74/16 JCR

Court: Court of Queen's Bench

Date: 2019-09-18

Judges:

• McIntyre

Subjects:

• Family Law � Child in Need of Protection � Temporary Order

Digest: The Ministry of Social Services applied for an order that would place four children, B.R., aged 13 years, B.G., aged 12 years, C.W.(1), aged 6 years and C.W.(2), aged 4 years, in the custody of D.E. as a person of sufficient interest (PSI) on an indefinite basis. D.E., the children�s paternal grandmother, was designated as a PSI in 2017. The children had been living with their mother, M.M., until 2013 when Social Services apprehended them and placed them in the care of D.E. In 2014, M.M. indicated that she wanted to parent these children and began addressing her problems with addictions by taking and completing treatment. Social Services planned reunification on a staged basis. It found that all of the children were attached to M.M. and their relationships with her were healthy and loving. However, M.M. had relapsed on a number of occasions and had been found intoxicated. At the time of trial, she had been homeless for four months after being evicted and had not provided a plan as to how she would find accommodation or financial support if the children were returned to her and how she would address her alcohol addiction.
HELD: The court granted the Ministry�s application. It ordered that the children remain in the care of their grandmother as a PSI for a period of up to one year pursuant to s. 37(1)(b) of The Child and Family Services Act. If M.M. was able to find appropriate housing and support and obtain treatment for her addiction, the children could be returned to her before the expiry of that period.

Statutes Considered:

• Child and Family Services Act, SS 1989-90, c C-7.2, s 3
• Child and Family Services Act, SS 1989-90, c C-7.2, s 4
• Child and Family Services Act, SS 1989-90, c C-7.2, s 11
• Child and Family Services Act, SS 1989-90, c C-7.2, s 11(a)(i)
• Child...