SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Nova Scotia (Community Services) v. S.N. , 2011 NSSC 198
Date: 20110414
Docket: SFHCFSA-067232
Registry: Halifax
Between:
Minister of Community Services
Applicant
v.
S.N. & J.S.
Respondents
LIBRARY HEADING
Restriction on Publication:
Publishers of this case please take note that s. 94(1) of the Children and Family Services Act applies and may require editing of this judgment or its heading before publication.
Section 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 relative of the child."
Judge: The Honourable Justice Mona M. Lynch
Heard: April 11, 12, 13 & 14, 2011 in Halifax, Nova Scotia
Written Decision: May 25, 2011
Subject: Child Protection
Summary: Infant child of a young mother was taken into care when he was approximately eight months old. Mother was immature and placing her needs before those of the child. Mother moved to group home and then in with relative with the planned return of the child to the mother. Placement with relative broke down and mother started living with another family. MCS sought permanent care and custody of the child.
Issue: Is being placed in Permanent Care and Custody of the MCS in the best interests of the child?
Result: Mother is immature and needs support. However she recognizes and accepts responsibility for her past mistakes in parenting the child. She has been living in a supportive home for five months and the family is willing to commit to support the mother and child for the long term. Court could not be satisfied that the mother’s plan was inadequate to protect the child. Application by MCS for permanent care and custody dismissed.
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