BRITISH COLUMBIA
Provincial Court

BRITISH COLUMBIA - Provincial Court: C.S.S. (Re) [1998] B.C.J. No. 2969

FACTS:  In this case, the Director, the grandmother, and the father each submitted an application requesting the custody of four children.  The mother, B.L.A., suffered from FAS and was eventually deemed unfit to care for the children.  Consequently, the children were put in custody of the province.  Dr. Julie Conry diagnosed Ms. B.L.A. with FAS, but noted that her mental deficits were relatively mild.  Additionally, Dr. Hay diagnosed two of the children with ADHD, and concluded that the other two children suffered from FAE.  There was  no evidence demonstrating that the mother would be incapable of coping with the deficits exhibited by the children.  In fact, the judge believed that the province was responsible for B.L.A.'s poor parental skills, as it had failed to provide her with the appropriate assistance. 

HELD:  The judge allowed the Director to supervise the children for a period of six months, during which time the mother would receive help.  The children would then be returned to the care of their mother.