B (D.A.) FAMILY & CHILDREN'S SERVICES
OF KINGS COUNTY, N.B.H.,
M.M.H. AND S.A.T.
- and -
(Appellant) (Respondents)
CA 159173 Halifax, N.S. BATEMAN, J.A.
[Cite as: D.A.B. v. Family & Children's Services of Kings County, 2000 NSCA 38]
APPEAL HEARD: February 18, 2000
JUDGMENT DELIVERED: March 1, 2000
SUBJECT: Appeal from Order pursuant to the Children and Family Services Act, S.N.S. 1990, c. 5 placing a child in the permanent care of the Agency.
SUMMARY: Mother of child voluntarily placed 11 day old child in the care of maternal aunt and uncle, hoping that she could make a plan to resume care for her. Notwithstanding the support of the Agency over the year the mother recognized that she couldn't care for the child and supported the Agency's plan to have the child adopted. Father applied for custody early in the year but did not put together a plan. He failed to fully co-operate with a parenting assessment which raised serious concerns about his potential to care for the child.
ISSUES: Did the judge err in finding that the Agency had fulfilled its duty to "take reasonable measures to provide services to families and children that promote the integrity of the family" pursuant to s.13(1) of the Act? Did the judge err in finding that the child should be placed in the permanent care of the Agency?
RESULT: Appeal dismissed. Agency complied with its statutory duty in the circumstances. Father refused to co-operate with the Agency and rejected it's identification of problematic issues. Judge did not err in placing child in permanent care in these circumstances.
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This information sheet does not form part of the court’s decision. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 26 pages. |