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Digest of the Week | Child Protection

Child Protection

The Director of Child and Family Services v. PSK | 2018 MBCA 19 | Manitoba Court of Appeal

Children in need of protection -- Application for permanent custody -- Miscellaneous

Director of Child and Family Services apprehended child due to inability of mother to care for child -- Mother had problems with substance abuse and father was deferential to mother -- Father’s plan where parents would care for child under supervision, with father being primary caregiver was rejected -- Director’s petition for order that foster parents become ward of child was granted -- Father appealed -- Appeal dismissed -- Foster parents had been caring for child for approximately nine months and child had been apprehended for approximately three years -- Trial judge gave adequate reasons why child was in need of protection from both parents -- No basis to infer that father had formulated, or was attempting to put forward, alternate parenting plan -- Order could not have been made placing child with father as non-custodial parent under s. 38(1)(b) of The Child and Family Services Act.
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