A.W., Re, (2015) 478 Sask.R. 58 (PC)

• Judge: Cardinal, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: July 21, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 478 Sask.R. 58 (PC);2015 SKPC 89

A.W., Re (2015), 478 Sask.R. 58 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JL.071

In The Matter Of a Hearing under the Child and Family Services Act

In The Matter Of M.A.J.W., (Milly) Born xxx, 2009 D.N.R.W., (Diane) Born xxx, 2011 P.W.R.W., (Paul) Born xxx, 2014

(2015 SKPC 89)

Indexed As: A.W., Re

Saskatchewan Provincial Court

Cardinal, P.C.J.

July 21, 2015.

Summary:

The Ministry of Social Services applied to have three children become permanent wards of the state. The mother requested that the children be returned to her to parent, with the assistance of the children's grandfather.

The Saskatchewan Provincial Court allowed the application and ordered that all three children be placed in the Ministry's care on a permanent basis.

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 816 ].

Guardian and Ward - Topic 816

Public trustee or guardian - Appointment - Child or adult in need of protection - Permanent appointment - Allison had three children: Milly (2009), Diane (2011), and Paul (2014) - Allison was born with developmental delays and was diagnosed with mild mental retardation - In 2013, the Ministry of Social Services removed Milly and Diane from Allison's home and placed them with a close relative (Susan) - Paul was apprehended immediately after his birth - The Ministry applied to have all three children placed in its care on a permanent basis - Allison sought to have the children returned to her to parent, with the assistance of her father (Randall) - The Saskatchewan Provincial Court allowed the application - The children were in need of protection - Even with the assistance of parent aides, which the Ministry supplied between 2011 and 2013, Allison was incapable of properly caring for the children - She was overwhelmed by day-to-day issues and prone to hoarding - She left small items such as batteries and medication around the house - Her intellectual vulnerability made her a target for others, especially men, to take advantage of her romantically and financially - Randall, who had his own hoarding and health issues, could not provide the ongoing, in-depth and daily support that Allison required - Simply designating Susan as a "person of sufficient interest" was not conducive to the children's continued welfare and growth - They required the stability, continuity and consistency that came from knowing where they would be for many years to come - A permanent order was appropriate.

Counsel:

H. Juorio, for the Ministry of Social Services;

R. Newman, Q.C., for the mother, A.W.;

Unrepresented (the fathers did not appear), for the fathers, K.A., M.E., M.Q.

This application was heard at Tisdale, Saskatchewan, before Cardinal, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on July 21, 2015.