SASKATCHEWAN
Court of Queen's Bench

SASKATCHEWAN - Court of Queen's Bench, Family Law Division: O. (L.M.), Re [2003] S.J. No. 423  SKQB 277

FACTS:  P.O., whom was diagnosed with FAS, gave birth to L.M.O.  As a result of these circumstances, Child Services deemed that P.O. was unable to adequately care for her child and therefore placed L.M.O. in custody of the province.  P.O. wished to care for her child and acknowledged that she would require assistance from a third party in doing so.  Dr. Nanson assessed P.O. and found that she functioned in the borderline range.  Dr. Nanson added that people of P.O.'s ability were able to parent their own children, contingent upon the availability of additional support.  Dr. Nanson thus suggested that L.M.O. be placed in an "open adoption" program, which would allow P.O. to visit her regularly. 

HELD:  The judge believed that the open adoption arrangement would confine the adoption opportunities available to L.M.O. and  ruled that the child would benefit most from being adopted into a loving family that could provide her with stability and support.