ONTARIO
Superior Court Of Justice

ONTARIO - Superior Court of Justice: Children's Aid Society of the Niagara Region v. T.P. [2002] O.J. No. 3462

FACTS:  The Society sought custody of C.T., S.T., and H.T, but the children's mother opposed the application.  C.T.'s parents were unable to cope with her condition of FAS and her numerous behavioural problems. In a Temporary Care Agreement, the mother eventually gave her consent for the Society to take charge of her daughter.  The child was then placed in the guardianship of R.B., who possessed an extensive knowledge of children with special needs. However, due to complications and expenses related to C.T.'s condition, R.B. was unable to adopt her. Dr. Nancy Johnston assessed C.T. and her situation, and concluded that C.T. would benefit most from living in a stable environment in the care of only one person.  However, the visitations with her biological mother seemed to be beneficial for the child and therefore, the judge ruled that ongoing visitations would be allowed for T.P. to see C.T.  Conversely, H.T. and S.T. did not appear to be benefiting from seeing their biological parents, thus access to these children was terminated. 

HELD:  The Society was granted continued custody of the children, as all three were deemed to be in need of protection.