Toddler placed in permanent care

A Halifax judge has ordered that an 18-month-old toddler whose father is also her grandfather remain a permanent ward of the province.

The little girl is identified only by a set of initials in the written decision released Thursday.

“Regrettably, the child’s biological father is also the biological father of the mother,” said Justice Theresa Forgeron of the Nova Scotia Supreme Court’s Family Division, whose decision puts the little girl in the permanent care of the community services minister.

“Because of her parentage, the child is diagnosed with serious medical issues and experiences significant developmental delays. The child’s needs are considerable.”

Her brain did not develop normally, the judge wrote in her decision that was delivered orally Dec. 7.

“She is being monitored for cerebral palsy. She is seen by many specialists at the IWK, including those from its genetic, pediatric, neurology, ophthalmology, immunology, physiotherapy, and occupational therapy departments.”

LOVING FOSTER PARENTS

Despite health problems, the little girl appears to be content, said the judge.

“The child is being raised by specialized foster parents who provide a loving, supportive and happy home life. The child and foster parents are bonded, as is the child and her special needs foster brother. The child loves and knows love.”

Her biological mother “has an intellectual disability and has no support system,” Forgeron said. “As a result, she is transient and is not capable of parenting safely."

The province argued putting her in permanent care was “in the child’s best interests.”

The mom didn’t attend the court hearing.

“Although her legal position was not formally stated, in the past, the mother consistently said that she wanted the child returned to her care. From all accounts, the mother loves her daughter. When she exercised access, the mother was affectionate, kind and caring.”

The girl’s mom had tabled a plan to take care of the toddler with help from her own father, said the judge.

“However, once the child’s parentage was discovered, this plan was abandoned.”

The girl has been in the province’s care since the summer of 2019, Forgeron said.

“The mother has supervised parenting time.”

The province argued “that there is a substantial risk that the child will suffer physical harm caused by the mother’s failure to adequately supervise and protect the child,” said the judge.

Forgeron found that the toddler needs protection.

“There is a substantial risk that the child will suffer physical harm if she was placed in the mother’s care for three reasons — lack of parenting capacity, lack of a support network, and lack of insight.”

The little girl’s mom “is unable to make or keep appointments in a timely and meaningful fashion,” said the judge.

“Despite her love for the child, the mother often forgot about her appointments with social workers. She frequently did not return phone calls. She frequently did not attend access visits. She frequently did not attend court.”

That made the judge question how the biological mother would be able to properly deal with her daughter’s many medical issues.

“In addition, the mother’s intellectual disability explains why the mother was unable to understand, process, or implement basic parenting skills as taught by the family support worker, even after adaptations were added to the learning modules.”

The mother wasn’t able to apply for financial assistance. A support worker had to do it on the mom’s behalf. The same support worker also had to find her a hotel room and then a bed at a women’s shelter. “The mother was not capable of navigating these systems on her own.”

RISK TOO GREAT

Forgeron said the mom’s limitations would make the risk of physical harm too great for the child.

“The mother simply does not have the capacity to evaluate, plan and deliver safe solutions to existing or novel problems which will consistently arise as the child develops and matures, especially given the child’s complex medical needs,” said the judge.

The mother doesn’t have a supportive network, Forgeron said.

“Her own mother kicked her out of her home because she was pregnant. Her father sexually assaulted her. She has no family or friends who provide safe and healthy supports. As a result, the mother has no home. She is transient. She lives in a shelter.”

‘TRAGIC RESULT’

The mother didn’t appreciate the “unacceptability” of having a sexual relationship with her own father, said the judge.

“How will the mother protect the child from abuse when she fails to even recognize sexual abuse at such a fundamental level?”

The mother doesn’t appreciate safety risks, Forgeron said, noting she failed to follow COVID-19 restrictions at the hotel where she was staying, even though the support worker had reviewed them with her.

“The mother did not follow the rules and thus was asked to leave the hotel.”

The judge concluded that the case “involves tragic circumstances and a tragic result. Although the mother genuinely loves her daughter, as a result of circumstances beyond her control, she is unable to parent safely. The mother is herself a vulnerable person. Further, the mother has no viable support options. Given these facts, I have no choice but to place the child in the permanent care of the minister.”