ALBERTA
Provincial Court

ALBERTA - Provincial Court, Family Division: G.T.R. v. D.A.B. [1998] A.J. No. 857

FACTS:  The Director submitted an application requesting permanent custody of two children.  The children's biological parents both opposed the application.  The Director suggested that the children might be suffering from FAS.  However, Dr. C.F., a pediatrician, was not prepared to support the diagnosis.  Dr. C.F. admitted that although the children did exhibit signs that were typical of FAS, the evidence required to make a formal diagnosis remained insufficient. The pediatrician concluded that the children required a stable, consistent environment because of their deficits.

HELD:  The judge deemed the evidence insufficient to adequately establish the children's need of protection.  The court dismissed the application and granted custody to the parents.