Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Nova Scotia (Community Services) v. L.H., 2011 NSSC 41

 

Date: 20110121

Docket: 068217

Registry:  Sydney

Between:

The Minister of Community Services

Applicant

v.

 

LH and BS

Respondents

 

LIBRARY HEADING

 

Judge:                                    The Honourable Justice Theresa M. Forgeron

 

Heard:                                    August 25 & 26, September 29, October 13, and

November 30, 2010, in Sydney, Nova Scotia

 

Oral Decision:                     January 21, 2011

 

Written Decision:               January 28, 2011                  

 

Subject:                 Child Protection

 

Issue:                                     Should a permanent care order issue even though the legislative time lines have not been exhausted?

 

Result:                   A permanent care order was in the best interests of the children because of unexplained injuries, neglect, and a lack of basic parenting skills.  The order was appropriate where many services had been implemented over the years, with no significant changes, likely due to the father’s limited cognitive abilities and untreated mental health illnesses.  Access could not be ordered as such would impede adoption planning.

 

Restriction on publication:  Publishers of this case please note:                              

 

That s. 94(1) of the Children and Family Services Act applies and may require editing of this judgement or its heading before publication.  S. 94(1) provides:

 

No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding pursuant to this Act, or a parent or guardian, a foster parent or a relative of the child.  1990, c.5

 

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