DIRECTOR OF CHILD, FAMILY v. COMMUNITY SERVICE, 2022 BCPC 271

Citation: B.C. (Child, Family and Community Services) v. A.S.L. 2022 BCPC 271 Date: 20221021 File No: 17787 Registry: Kamloops IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE CHILD FAMILY AND COMMUNITY SERVICE ACT , R.S.B.C. 1996 c. 46 AND THE CHILDREN: A.S.L.(2) , born [omitted for publication] A.S.L.(3), born [omitted for publication] P.M.L., born [omitted for publication] BETWEEN: DIRECTOR OF CHILD, FAMILY AND COMMUNITY SERVICE APPLICANT AND: A.S.L.

(1) PARENT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE R.D. PHILLIPS Counsel for the Director: C. Martin Counsel for the Parent: A. Marr Place of Hearing: Kamloops, B.C. Dates of Hearing: May 24, May 25, May 26 and May 27, 2022 Date of Judgment: October 21, 2022

Introduction [ 1 ] This is the Director’s application for a continuing custody order (CCO), pursuant to section 41(1)(

d) of the Child Family and Community Service Act (the “ Act ”) in relation to the children, A.S.L.(2) and A.S.L.(3), (collectively, the “Twins”). The Director is also applying for a temporary custody order (“TCO”), pursuant to section 41(1)(

c) of Act in relation to P.M.L. [ 2 ] The Twins came into this world early, weighing just over a pound each and had significant and complex medical needs requiring their admission into BCCH hospital (BCCH) shortly after birth. The Twins were removed from A.S.L.(1)’s care at three months of age. The father of the Twins is C.R. [ 3 ] P.M.L. was born [omitted for publication] during the course of this hearing and was removed from A.S.L.(1) at one-day of age. P.M.L. is the fifth child of A.S.L.(1) [ 4 ] This trial commenced June 21, 2021 and involved only the Twins.

That application was filed July 9, 2020 together with the Director’s court plan of care. On June 10, 2021, the Director filed application and court plan of care for a temporary custody order to the Director for the child, P.M.L. for a three month period. [ 5 ] The Director is seeking a finding of protection for the children under each application pursuant to

section 40 of the Act . Trial dates for the TCO for P.M.L. were scheduled for May 24 to 27, 2022. [ 6 ] On May 10, 2022, this Court granted an order joining the trials for all three children together given the overlap of evidence. Counsel were directed to identify the evidence already before the court that relates to or should be relied upon in regards to TCO application for P.M.L. and a finding protection. [ 7 ] The parties commenced a protection hearing from June 21 to 25, 2021 with continuations on November 8 to 10, 2021, February 8 and 9, and May 24 to 28, 2022.

Background [ 8 ] The Twins were born [omitted for publication] at 23 weeks gestation in Vancouver, British Columbia and were delivered by emergency caesarean section.

At their birth, A.S.L.(2) weighed 1.3 lbs and A.S.L.(3) 1.2 lbs and both had significant development issues requiring their attendance at the neonatal intensive care unit at BCCH in Vancouver (BCCH), where they stayed until October 2019 at which time they were transferred to the Royal Inland Hospital (RIH) in Kamloops. [ 9 ] On August 22, 2019, the Director of Child, Family and Community Service (the “Director”) removed the Twins from the care of A.S.L.(1) and C.R. The

section 13 grounds for removal are: emotional harm due to the parent’s conduct; the parents are unable to care for the children and have not made adequate provision for their care; and concerns regarding the parent’s drug use, domestic violence and mental health. [ 10 ] The Director was granted interim custody of the Twins on October 10, 2019. [ 11 ] The Twins were discharged from RIH in December 2019 and into the care of foster parent, J.D. (FP J.D.).

Since that time, the Twins remain in foster care under the care of FP J.D. and foster parent, L.W. (FP L.W.). [ 12 ] On July 8, 2020, the Director filed an application, seeking a CCO for the Twins. [ 13 ] The Child P.M.L. was born [omitted for publication] and removed from A.S.L.(1)’s care on April 22, 2022. The Director worked with A.S.L.(1)’s mother, F.L. to create an opportunity to allow P.M.L. to remain with A.S.L.(1) with the support and supervision of F.L. rather than placing him with a foster parent. This arrangement allowed A.S.L.(1) to be present and care for P.M.L. 24 hours per day.

This arrangement lasted until late November 2021, when F.L. was forced to move from her rental property when it was sold. After this, P.M.L. was placed in the care of FP J.D., where he remains. [ 14 ] The Director applied for a temporary custody order (TCO) for P.M.L. on June 10, 2021. A Rule 2 case conference was held September 14, 2021. Unfortunately, the matter went unresolved and A.S.L.(1) made clear, her opposition to a TCO. Director’s Position [ 15 ] The Director seeks a finding that the children were and are in need of protection pursuant to

section 40 of the Act . The Twins, now three years of age and P.M.L., now 13 months old, continue to be in need of protection due to ongoing protection concerns related to the parents lack of capacity to meet the children’s needs and ensure their well-being and development needs are met. [ 16 ] The Director remains concerned that A.S.L.(1)’s emotional dysregulation and opposition to those attempting to help her, erodes her ability to care for the children.

The Director is also concerned with the conflict A.S.L.(1) has with the people in her life such as C.R., F.L., A.S.L.’s sister, neighbours, landlord and friends. [ 17 ] Despite significant efforts to work with A.S.L.(1) to address her emotional dysregulation and investment of resources to assist A.S.L.(1) in caring for her children, A.S.L.(1) has consistently shown a pattern of behaviour that was evident at the Twin’s birth, P.M.L.’s birth and continues today. A.S.L.(1)’s Position

[ 18 ] A.S.L.(1) believes that the Director never gave her a fair opportunity to demonstrate that she can meet the complex needs of the children. She was never given the opportunity to have unfettered and independent access to them. Her access to the Twins was either during a pandemic or a controlled stay at BCCH or RIH, or under the supervision and watchful eyes of the Director.

A.S.L.(1) believes that the removal deprived her of the opportunity to be a mother to the Twins and to adapt and learn the day to day needs of her children. [ 19 ] With P.M.L., A.S.L.(1) believes she has been successful in her opportunities to demonstrate her ability to care for him. In this respect, A.S.L.(1) points to the first six months of P.M.L.’s life, while living with her mother, F.L. and having her care of P.M.L. supervised by F.L.

During this time, A.S.L.(1) spent a considerable amount of time caring for P.M.L. independently while her mother was working. [ 20 ] A.S.L.(1) is of the view that her interactions with the Director and its staff are the primary source of conflict. The trauma of giving birth to twins prematurely, the stay at BCCH, the constant scrutiny and supervision of her parenting by the Director have all contributed to her emotional state and instability during this time.

From A.S.L.(1)’s perspective, she has grappled with a constant threat of losing the children, the reality of watching other caregivers bond with the children, and the Director making decisions for the children and overriding her autonomy. A.S.L.(1) believes her emotional regulation stabilizes when these triggers are not present. [ 21 ] While A.S.L.(1) admits to emotional dysregulation, she does not agree with the Director’s assessment of her mental health needs.

A.S.L.(1) acknowledges ongoing issues with anxiety and ADD for which she is treated with follow-ups with a psychiatrist. [ 22 ] In regards to C.R., A.S.L.(1) confirms that she has had no communications with him since the fall of 2021 and has no intention to resume the relationship. She acknowledges that their relationship was toxic and recognizes the impact a continued relationship with C.R. will have on her ability to care for the children. C.R.’s Position [ 23 ] With the assistance of counsel, on February 8, 2022, C.R. consented to the Director’s application for a CCO for the Twins.

The Evidence Social Worker Katy Walls [ 24 ] Social Worker Katy Walls (SW Walls) is a social worker employed by the Director for four years prior to this trial. SW Walls was the parent support worker for A.S.L.(1) from October 2019 to April 2020. [ 25 ] SW Walls testified about the complex medical needs of the Twins while at BCCH; the conflict between A.S.L.(1) and C.R. while at BCCH requiring police involvement; the conflict A.S.L.(1) and C.R. were having with the FP J.D. while at BCCH. [ 26 ] On their return to Kamloops, the Twins remained fragile requiring significant medical support.

Both required respiratory support and were being tube fed. Discharge meetings were held with a RIH social worker, an infant development consultant, social workers with the Director, nurses, a treating paediatrician and FP J.D. It was clear from this meeting that the foster parent will require a lot of support on discharge. Neither parent attended these meetings. This was a decision of the care team as there was tension between the parents and the foster parent that distracted from the overall care of the children.

A.S.L.(1) became increasingly upset as it appeared to her that hospital staff were giving the foster parent preferential treatment instead of assisting her as the parent. This impacted A.S.L.(1)’s participation in the care team. [ 27 ] SW Walls testified that A.S.L.(1)’s relationship with FP J.D. improved over time once A.S.L.(1) got to know her better and was able to trust the foster parent’s care of the Twins.

The same applied to FP L.W. where A.S.L.(1) became more trusting of her over time. [ 28 ] On cross-examination, SW Walls agreed that A.S.L.(1) tends to take time to build trust with new relationships before she is comfortable. Social Worker Alesha Ford [ 29 ] Social Worker Alesha Ford (SW Ford) is employed with the Director and had conduct of the Twins’ file from May to December 2020.

Before taking conduct of the file, SW Ford collaborated with SW Walls and was apprised of the Director’s protection concerns such as the parent’s mental health, parent’s inability to meet complex needs of Twins and the violence and volatility in the relationship between A.S.L.(1) and C.R. [ 30 ] SW Ford testified as to the difficulties she experienced when trying to discuss the needs of the Twins and the protection concerns related to the parents. Often times, A.S.L.(1)’s behaviour would escalate to the point of yelling and swearing.

On occasion this behaviour was exhibited during phone calls where A.S.L.(1) would hang up in anger causing SW Ford to carry on the conversation via text. [ 31 ] SW Ford testified about an incident captured by a visit supervisor where A.S.L.(1) added a vitamin drink called Thrive to A.S.L. (3)’s bottle and was attempting to feed A.S.L.(3) with it. At that time, SW Ford believed that A.S.L.(1) did not consult with the medical team before attempting to feed Thrive to A.S.L.(3). A.S.L.(1) stated at the time that she emailed the doctor about it but had not heard back.

A.S.L.(1) wanted to start adding vitamins to A.S.L.(3)’s diet on this day because she believed it would help A.S.L.(3) gain weight before the next visit in hopes of avoiding future surgeries for A.S.L.(3). SW Ford instructed A.S.L.(1) to not feed A.S.L.(3) any Thrive until a paediatrician is consulted. [ 32 ] In cross-examination, SW Ford’s notes revealed that she had a number of prior conversations with A.S.L.(1) on the use of Thrive and A.S.L.(1)’s request for SW Ford to look into its use for A.S.L.(3). SW Ford advised that she would follow up with Dr. Okano about the matter. SW Ford did speak with Dr.

Okano as she promised and was informed that the use of Thrive will not help A.S.L.(3) gain weight because it did not provide the child with calories however; this information was not shared with A.S.L.(1) prior to this incident.

[ 33 ] From the evidence, I find that all caregivers struggled in different ways with feeding the Twins, specifically, A.S.L.(3). [ 34 ] On July 17, 2020, A.S.L.(1) informed the Director that she is relocating to Prince George or the United States. The move to Prince George never came to fruition however, the move to the United States did. On August 11, 2020, SW Ford received a call from A.S.L.(1) informing her that A.S.L.(1) moved to the United States two-weeks prior.

Prior to moving to the United States, A.S.L.(1) was residing with C.R. on July 3, 2020, as they were on good terms at the time. [ 35 ] SW Ford testified as to the challenge the Director faced in getting A.S.L.(1) to address protection concerns and goals when A.S.L.(1) was not in Kamloops around the children. The Director took steps to refer A.S.L.(1) to resources in the United States and connected her with a counsellor.

At this point the Director knew A.S.L.(1) was staying at a women’s shelter but were concerned with whether A.S.L.(1) was accessing services. [ 36 ] In early September 2020, A.S.L.(1) informed SW Ford via Skype that she was returning to Kamloops as A.S.L.(1) was not doing well in the United States. A.S.L.(1) claimed to have been staying with a man she met online and felt unsafe because the man was a drinker, played with guns and had assaulted her.

It was at this time that A.S.L.(1) also shared that she believed she was pregnant. [ 37 ] On her return to Kamloops in early September 2020, A.S.L.(1) resided with C.R. as she quarantined. From a September 25, 2020 conversation between A.S.L.(1) and SW Ford, A.S.L.(1) shared that she was not certain whether C.R. was the father to the baby she was carrying.

A.S.L.(1) needed a medical consult to determine how far along the pregnancy was so that she can then narrow down who the father is. [ 38 ] By November of 2020, A.S.L.(1) and C.R. parted ways and with the Director’s support, were accessing the children separately. [ 39 ] In July of 2020, The Director struggled with C.R., particularly around medical advice regarding the Twins, who at this time had very complex needs. SW Ford found that C.R. often did not agree with the medical advice provided, was uncooperative and has his own views about the Twin’s health, prognosis and treatment.

The Director’s strategy was to develop C.R.’s understanding and knowledge of the medical issues that the Twins faced; to help him address his controlling behaviour over A.S.L.(1); to be child centred instead of focusing on conflict with A.S.L.(1); and completion of the “caring dads program”. C.R. did not support the mental health referrals and instead insisted on the use of his pastor however, the pastor had left the country. [ 40 ] The Director’s mental health concerns for C.R. arose in the context of comments he provided during the course of his involvement with the Twins.

C.R. spent a lot of time talking about irrelevant matters, about his disdain for others, that if he was in power, he would cleanse our population and send anyone not of our culture back home; that he has eight children and at other times only four; that he had two older kids that passed away – one overseas; that he thought he had another child in Kamloops. In the end, there was no evidence of any other children, other than the Twins. [ 41 ] SW Ford had conduct of this file until December 2020. At this time, the Director’s protection concerns regarding the Twins remained.

Neither parent had dealt with the Director’s mental health concerns in a meaningful way. A.S.L.(1) continued to struggle with episodes of emotional dysregulation when she heard things she didn’t like or things were not going her way. C.R. continued to disagree with medical professionals on the care of the Twins. The needs of the Twins continued to be complex requiring a considerable amount of medical attention and a significant amount of support from caregivers, social workers, and specialized personal. [ 42 ] After March, 2020, COVID was upon us.

For A.S.L.(1) and C.R., the Director changed in-person visits to virtual visits. This was a significant adjustment for both parents, particularly A.S.L.(1), who was becoming increasingly frustrated with not having any physical contact with the Twins. A.S.L.(1) vented these frustrations openly and honestly with the Director and staff who understood and sympathized however, nothing could be done.

Social Worker Auger [ 43 ] Social Worker Auger (SW Auger) had conduct of A.S.L.(1)’s family service file and served as the team leader in 2019 and 2020. [ 44 ] SW Auger took over conduct of this matter on January 2021 on behalf of the Director. One of the first steps taken by SW Auger was to provide A.S.L.(1) with the most recent family plan. A.S.L.(1) was overwhelmed by the document and passed it off to another Director representative stating it was too much too deal with followed by questions about C.R.’s involvement. At this particular time, A.S.L.(1) and C.R. were at odds.

A.S.L.(1) insisted that she had no intention of co-parenting the Twins with C.R. [ 45 ] When SW Auger became involved, the Director’s protection concerns remained.

A significant volume of material had built up given the complex medical issues with the Twins which included an overall concern with the ability of the parents to care for the children given the mental health concerns for both parents; the volatility and violence in A.S.L.(1)’s relationship with C.R. and other partners; A.S.L.(1)’s ability to recognize the needs of the Twins, and maintaining a child cantered focus. [ 46 ] The Director’s history with A.S.L.(1) goes back to A.S.L.(1)’s childhood. A.S.L.(1) came to Canada from the United States when she was around 9 or 10 years of age.

F.L. entered into a voluntary care agreement due to being overwhelmed at the time. A.S.L.(1) was not attending school, was not listening to her mother and was engaged in criminal activity. The voluntary care agreement ended when A.S.L.(1) turned 19. A.S.L.(1) had given birth to a prior set of twins around this time. These twins were given up for private adoption. [ 47 ] As described in A.S.L.(1)’s application for Persons with Disabilities in 2008 (Ex 5), the diagnosis portion of the application included: adjustment disorder, ODD, ADD, borderline personality disorder, and a mild learning disability.

In the health history

section of the same application, the severity of A.S.L.(1)’s medical conditions included difficulty focusing, poor impulse control; mood lability; everything is taken literally; unable to relax; significant impairment of interpersonal relationships with family, friends and co-workers, and an inability to handle interpersonal conflict. This report was entered as an exhibit in these proceedings however, it was not tendered as an expert medical report. [ 48 ] The interpersonal conflict is evident in the conflict between A.S.L.(1) and F.L., who is supportive but has had to step away on

occasion for her own mental health. A.S.L.(1)’s sister was initially a strong support however this relationship has deteriorated. A.S.L.(1) is adamant that she did not want her sister involved. The interpersonal conflict was on full display at the BCCH, which included RCMP involvement, conflict with C.R. who was upset that A.S.L.(1) was involved with another man then brought this man into see the Twins. A.S.L.(1) alleges that this man raped her. C.R. believed the new man was a drug user.

Other examples of interpersonal conflict for A.S.L. (1) include yelling and swearing at staff in BCCH while holding one of the children, conflict with foster parents, conflict with social workers and support persons, and conflict in all of her relationships. [ 49 ] At one point, after being served with documents from the Director related to the child, P.M.L. and on the eve of a CCO hearing for the Twins, A.S.L.(1), clearly upset with the situation posted on her social media “Oh I wanna blow up a certain building and lock certain people in it”.

At the time, SW Auger understood that A.S.L.(1) had made veiled threats in the past and at the time did not believe there was a need to call the RCMP bomb squad however, violence risk assessment training required SW Auger to treat the threat seriously and she reported it. [ 50 ] From social worker Auger’s experience, dealing with A.S.L.(1) is “like walking on broken glass” as A.S.L.(1) has a very low trigger point when feeling disrespected or wronged and typically exhibits a highly emotional response to a minimal matters such as parking lot disputes; or a neighbour knocking on her door and interrupting A.S.L.(1)’s visit; or her insistence on introducing her newly born child, P.M.L. to a person named Joe, who she believed was the father.

The Director suggested she wait until DNA tests are conducted as there was a possibility that C.R. is the father. A.S.L.(1) responded with yelling and screaming while holding P.M.L. On another occasion, A.S.L.(1) became very agitated and angry with F.L., who was working out of town at the time. A.S.L.(1) demanded that F.L. pick her up after a visit A.S.L.(1) had with the children. This is another incident in which A.S.L.(1) was unable to control her anger and emotional outburst in the presence of a child. [ 51 ] On March 4, 2020, there was an incident between A.S.L.(1) and C.R. involving C.R.’s new girlfriend.

The Incident occurred in a parking lot of Tim Horton’s. A.S.L.(1) observed C.R. and his new girlfriend near Tim Horton’s. A.S.L.(1) called SW Walls about the presence of C.R. and his girlfriend. A.S.L.(1) became angry over the phone with SW Walls and hung up. She then ran across street to confront C.R. and his girlfriend near a bus stop. A.S.L.(1) started to yell and argue with C.R. The parties argued about considering the girlfriend as a support person. In her evidence, A.S.L.(1) testified that she heard the girlfriend say how excited she was about seeing the Twins.

A.S.L.(1) then punched the girlfriend in the face. A.S.L.(1) phoned the police after C.R. pushed A.S.L.(1) to ground breaking her thumb. C.R. also called the police. A.S.L.(1) cancelled a scheduled ICM visit with the children that day. A.S.L.(1) was in a cast for two weeks. [ 52 ] Despite the difficulties faced by the Director in moving things forward for A.S.L.(1), the Director continued to provide feedback, coaching and guidance on mindfulness and controlling emotions through the use of logic when facing difficult situations.

The Director was very concerned with the children being exposed to the conflict and chaos at such a young age. [ 53 ] From SW Auger’s perspective, A.S.L.(1) did have moments of clarity and was cooperative with the Director and its representatives. It was also clear to SW Auger that A.S.L.(1) loves her children dearly, wants to do a good job, and cares for their well- being. SW Auger appreciates the elements of A.S.L.(1)’s traumatic history, her sensitivity to triggers and her past experiences that influence her relationships and reactions when things go sideways.

SW Auger states that even after working with the parents for some time, the Director’s concern with A.S.L.(1)’s behaviour and emotional dysregulation remained, particularly when it occurs in the presence of the children. The Director also recognizes the importance for A.S.L.(1) to unpack her traumatic experiences so that she can move forward in the care of the children. Volatility of A.S.L.(1) and C.R.’s Relationship [ 54 ] The volatility in A.S.L.(1) and C.R.’s relationship is an ongoing concern for the Director. The couple’s relationship swung from supportive to complete disdain and hatred.

A.S.L.(1) strongly believes C.R.’s time with the children be supervised. From C.R.’s perspective, A.S.L.(1) should have no contact with the Twins. [ 55 ] In October 2021, A.S.L.(3) had cream in her vagina and A.S.L.(1) believed it was evidence that C.R. inappropriately touched the child. A.S.L.(1) asked A.S.L.(3) if her daddy hurt her down there. The allegation was deemed unsubstantiated by a Doctor assessing the child as the cream turned out to be diaper cream. From the Director’s internal review, it appeared that the cream was applied by a visit supervisor and not C.R.

C.R. assumed A.S.L.(1) made the report and called the Director to state that A.S.L.(1) needs a psychiatric assessment and cites these allegations as examples of A.S.L.(1)’s mental health issues. [ 56 ] In July of 2019, the conflict between A.S.L.(1) and C.R. was on full display at BCCH where the Twins were sent after birth. C.R., on one occasion made a threat in the presence of nursing staff and sated the “ministry is planning on removing his children and when they do, he will come to the hospital with a gun and shoot the place up”.

When asked by nursing staff if he was making a threat, C.R. responded with “no, this is a declaration of war”. C.R. was arrested, then released on protective terms prohibiting him from going to BCCH. In the same month, A.S.L.(1), while staying at BCCH spent time away from the hospital with an individual named S. (or possibly S.) who messaged A.S.L.(1) with concern that A.S.L.(1) would be alleging sexual impropriety against him and that he was ready to produce video showing her consent to the sexual acts the two engaged in.

A.S.L.(1) did not recall the images and video being taken and believed she may have been drugged. She did acknowledge spending a few days with S. in Surrey and had taken S. to BCCH on several occasions to visit the Twins. C.R. was very upset at the time because he believed he was the father and alleges that S. is a drug user. A.S.L.(1) alleges that S. drugged and sexually assaulted her in his home while S.’s daughter downstairs watching television.

Social Worker Mary Moss [ 57 ] Social Worker Mary Moss’s (SW Moss) time on this matter commenced November 2021 with conduct of P.M.L.’s file and A.S.L.(1)’s parent support file. The question of who P.M.L.’s father is remained a question. It is either C.R. or the man in the United States that A.S.L.(1) claims, sexually assaulted her. The Director continues to take steps to determine who P.M.L.’s father is. [ 58 ] A.S.L.(1)’s visits with P.M.L. were occurring at her residence in Kamloops under the Director’s supervision. Access to the Twins was reduced to one day per week including a weekly video call.

[ 59 ] SW Moss believes A.S.L.(1) stopped attending programs at the Tree in December 2021 and at the time, was unsure whether A.S.L.(1) was engaging in programs for her mental health and parenting, which from the Director’s perspective were fundamental in moving things forward for A.S.L.(1) and the children. Protection Concerns re A.S.L.(1) [ 60 ] SW Moss confirmed that when she became involved, the Director’s protection concerns were the parent’s mental health, A.S.L. (1)’s emotional stability, and the parenting capacity of both parents. [ 61 ] SW Moss continued to experience heightened conflict with A.S.L.(1).

This is evident in communications where A.S.L.(1), when upset engages in furious texting. A.S.L.(1) struggles to control herself when asked to return P.M.L. From SW Moss’s experience with A.S.L.(1), she is difficult to keep in contact with, she is unable to stay engaged when having hard discussions about the children and in SW Moss’s opinion, is unable to put the needs of the children ahead of her own needs. The relationship was one where A.S.L.(1) either fights with the Director or walks away.

The underlying concern is whether A.S.L.(1) will meet the children’s needs when she gets so emotionally dysregulated. [ 62 ] When discussing A.S.L.(1)’s parenting skills, SW Moss found difficulty getting her to understand the specific needs of children. [ 63 ] SW Moss also testified as to A.S.L.(1)’s impulsivity when discussing the children, the protection concerns and the steps A.S.L. (1) needs to take to address the concerns.

At times, A.S.L.(1) goes into fight mode refusing to listen to information provided or she leaves. [ 64 ] SW Moss was involved with or aware of this file before she had conduct of it and believes the Director’s concerns continued to be the same throughout. At one point, A.S.L.(1) refused to speak with SW Moss and therefore there was little to no progress with meeting the children’s needs. In December of 2021, SW Moss met w A.S.L.(1) and her support person. A.S.L.(1) wanted to talk about C.R., which SW Moss explained to A.S.L.(1), she was unable to do for privacy reasons.

A.S.L.(1) became upset and left the meeting. When SW Moss would call, A.S.L.(1) would hang up or tell direct SW Moss to talk to her lawyer. SW Moss testified that it was difficult for the Director to get to the root of issue and provide supports to A.S.L.(1) in these circumstances. It was an incomplete file making the path to resolution of issues almost impossible. For SW Moss it is like solving a problem with only half the information. [ 65 ] SW Moss also testified to the disorganization of A.S.L.(1) during visits with the children.

When FP J.D. drops P.M.L. off for a visit, to those observing, it seemed like A.S.L.(1) was just getting out of bed. Other observations included an instance where A.S.L.(1) puts A.S.L.(2) down to sleep without feeding him. As well, social workers found that A.S.L.(1) had nothing organized in terms of activities with the children while there. Director staff would see A.S.L.(2) watching television while P.M.L. was laying still and not being stimulated or A.S.L.(2) would be left to flip a lid for hours at a time without being offered anything else. The children’s sleep

schedule was communicated to A.S.L.(1) and posted as a list on the fridge, but not followed. A.S.L.(1)’s residence had things spread out all over floor. At one point, visit supervisor Marsh had to clear a path on the floor to allow A.S.L.(2) room to move around. There is tension in the visits, because conflict arises when visit supervisors attempt to give direction to A.S.L.(1). [ 66 ] SW Moss identified the following steps she had taken to help A.S.L.(1) address the Director’s concerns: a.

Tried to encourage A.S.L.(1) to continue to participate in services with the Tree who assists mothers struggling with addictions. b. Encourage programs directed at addressing her mental health such as DBT (Dialectical Behaviour Therapy) as it works towards a diagnosis however, A.S.L.(1) did not consent to the program. In SW Moss view, if a client isn’t moving in the right direction, this limits the work of a therapist. The DBT program did not require a referral from the Director and is available at the Tree through an open self enrol system.

From SW Moss’s understanding, all that was required is for A.S.L.(1) is to make the request to Angela at the Tree and it would have started. SW Moss does not believe this work has started and does not believe A.S.L.(1) is attending services at the Tree. [ 67 ] According to SW Moss, A.S.L.(1) has a lot of conflict in her life and tends to get impatient with others at the Tree, particularly Ms. Aspenal, who is helping A.S.L.(1). A.S.L.(1) acknowledges that conflict but also appreciates that Ms. Aspenal is helping with resolving past conflict, her mental health and support as A.S.L.(1) attends court. I note that Ms.

Aspenal has been a support for A.S.L.(1) in the court room during these proceedings. If there is conflict, it is the kind that is found in the normal course between counsellor and client as they work through life’s difficulties. [ 68 ] SW Moss confirms that it was obvious to the Director that it takes a while to form a relationship with A.S.L.(1) and to gain her trust. This is evident with FPs L.W. and J.D. where A.S.L.(1)’s initial reaction is hesitation then over time evolves in to more open communications. From SW Moss observations, this same dynamic applied to A.S.L.(1)’s relationship with social workers.

At times, she gets along with social workers, at other times she is at odds. SW Moss believes she was able to have good communications with A.S.L. (1) over time and attributes this to the provision of emotional support to A.S.L.(1) during communications.

A.S.L.(1) would call SW Moss on occasion for support during child visitations and from SW Moss perspective, these conversations went well. [ 69 ] When P.M.L. was born after A.S.L.(1) returned to Canada from United States, there were many social workers involved given the level of conflict between A.S.L.(1) and C.R. requiring a significant effort to maintain communication between parents, social workers, staff, foster parents, and medical professionals. [ 70 ] Presently, P.M.L. resides with FP J.D. when not with A.S.L.(1). Prior to this, P.M.L. lived full time with A.S.L.(1) and F.L.

P.M.L. went into foster care after F.L. lost her rental property due to a sale of the property. At the time, the Director believed F.L. would be instrumental in supervising A.S.L.(1)’s care of P.M.L. and relied on F.L. to be present and available to calm A.S.L.(1) down when she gets emotionally dysregulated. The Director did not think P.M.L. would be protected enough if left alone with A.S.L.(1), particularly when things are not going her way. As SW Moss states in evidence, the Director could not leave a child in the care of a parent who gets so emotionally dysregulated.

The Director put a lot of effort into providing A.S.L.(1) with access and supports to assist in P.M.L.’s care. [ 71 ] With A.S.L.(1)’s care of all the children, the Director observed that a lot of her attention goes to A.S.L.(3), while A.S.L.(2) laid

on the floor. Typically, while in A.S.L.(1)’s care, the children would arrive at 8:30 a.m. then have breakfast at 10 or 11 which threw off their sleep schedule. The children received breakfast but no lunch. The Director appreciates that caring for three kids is a handful for anyone and that A.S.L.(1) is trying however, there is a lot of missing pieces for the children on a day to day. The Director observed this with two supervisors providing encouragement. [ 72 ] From the Director’s observations, when A.S.L.(1) gets overwhelmed, she asks for the children to be picked up early.

As well, it was noted by visit supervisors that A.S.L.(1) would often end visits early.

A.S.L.(1) has requested extended visits and opportunities to care for all three which has been accommodated on a few occasions however, the Director would like to see A.S.L.(1) demonstrate that she can consistently get through an 8-4 visits without cutting them short before extending any time with the children, particularly overnight. [ 73 ] The overriding concern of the Director is how will the children be protected if no supervision is present or a person is not present and available to assist when A.S.L.(1) gets emotionally dysregulated. [ 74 ] A.S.L.(1) was not happy with the change in her visitations with the children.

She went from 24/7 access to two visits per week. The visitation change was the result of a report for Jenny Egyed, who observed the visitation

schedule was too exhausting for the children. [ 75 ] SW Moss stated in evidence that there have been a lot of social workers assigned to this file because of the high conflict between parents and the amount of effort required to keep communications open to ensure services can be provided. This matter was and is an all- consuming file for the Director and its staff. Given this, the Director felt it was best to have two social workers assigned. This occurred around the time when A.S.L.(1) returned from the United States, pregnant. [ 76 ] A parenting capacity assessment with A.S.L.(1) is underway.

The Director will need to find someone to carry out the assessment, then approach A.S.L.(1) and her counsel to obtain consent. This assessment will shed light on A.S.L.(1)’s capacity to parent and will give clarity to her challenges to address. Parenting capacity assessments are very uncommon as the cost is high is therefore, a last resort. Social Worker Lauren Hoffman [ 77 ] Social worker Hoffman (SW Hoffman) commenced her work on this file in November 2021.

At this time the Director’s plan remained a CCO and to begin exploring suitable homes and placements for the children. [ 78 ] The Director’s concern if the children returned to both parents was exposure to conflict between the parents. Both parents held strong beliefs that the Twins are more at risk with the other parent and at times did not follow the Director recommendations. [ 79 ] It was clear to SW Hoffman that both parents struggled with emotional dysregulation. SW Hoffman spent a lot of time working with C.R. and raised concerns about C.R.’s untreated mental health.

When SW Hoffman was present to observe C.R.’s care of the Twins, C.R. is preoccupied with venting his frustrations. He tends to raise his tone of voice or use vulgar language. He tends to be distracted by his phone and gets caught up googling. Meanwhile he is missing cues from his children. A.S.L.(2) goes for bottle that was empty. C.R. recognizes that A.S.L.(2) needs a drink, then C.R. gets distracted with other things. Meanwhile, 25 minutes has passed and still no bottle for A.S.L.(2). A.S.L.(3) is on swing in front of C.R. however, C.R. is not engaged.

On one occasion, A.S.L.(3) bumped into C.R. causing C.R. to react loudly. Bottom line, C.R. is missing cues of the children because he is not paying attention. He is on his phone instead. [ 80 ] In July 2021, SW Hoffman was working with C.R. and encouraged him to engage with mental health supports to no avail. In November 2021, C.R. became increasingly harsh with A.S.L.(3) in his parenting style. This information came from supervised visit reports for the period October – November, 2021 and was occurring at each visit.

At the time, C.R. said he was stressed from court and from being triggered about allegations of sex abuse against A.S.L.(3). Visits were scaled back and with supervision leading to improvement however, C.R. continued to use a raised voice when speaking to A.S.L.(3), which at times, started the adults in the room. [ 81 ] As court proceeded, C.R. had a few sessions with a counsellor however, C.R. is not comfortable in a group setting and prefers one on one counselling. Unfortunately, there was a wait list for this.

From the Director’s experience, when C.R. is in a group counselling session, C.R. tends to be disruptive and will monopolize the time. [ 82 ] Ms. Egyed’s Report recommended less visits between parent and child and with supervision. SW Hoffman informed C.R. of this in writing on November 18, 2021. C.R. was opposed to this and with Ms. Egyed’s report. He thinks she is biased, lacks qualifications and didn’t spend enough time with him. He thinks the abusive relationship with A.S.L.(1) was overlooked.

C.R. took the time to point out that because of the angle of camera, social workers did not see A.S.L.(3)’s look, which is a look that she shares with her mother, and if the social worker seen it, she would understand. [ 83 ] During visits with C.R., A.S.L.(3) was observed reaching for knives in the home on two to three occasions. One such observation was from visit supervisor, Trudy Marsh who observed A.S.L.(3) holding a butcher knife in her hand.

From social worker and visit supervisor observations of C.R.’s care of the Twins, he lacks attention and is not proactive in ensuring the environment is safe for the children. [ 84 ] SW Hoffman was involved in decisions regarding A.S.L.(1) and her time with the children. A.S.L.(1)’s time was scaled back to one day per week (used to be two days per week). This decision was based on Ms. Egyed’s report who determined that the present visit and medical schedules was both exhausting and disruptive for the children and recommended less visits and that visits be supervised going forward.

At the same time, the Director had a growing concern with the parent’s failure to reach goals that they had hoped to achieve at this point. [ 85 ] Prior to the visit change, C.R. enjoyed more unsupervised parenting time than A.S.L.(1). The difference being C.R.’s perseverance and willingness to continue. With A.S.L.(1), some visits ended early or were cancelled depending on what was going on at the time.

[ 86 ] It was also observed that C.R. was more punitive in his actions with the Twins. There were no observations of or information about A.S.L.(1) being aggressive or punitive with the Twins. [ 87 ] From SW Hoffman’s perspective, the best interest of the children is to proceed with a CCO. Social Worker Mike Moss [ 88 ] Social worker Mike Moss (SW M. Moss) is an ICS employee and has been a family support worker for 12 years. He assists families with parenting, mental health and other issues that arise out of their relationship with children. In February 2020, SW M.

Moss began meeting weekly with C.R. individually and in a group setting. At times, SW Moss observed that C.R. tended to be distracted at these sessions and tended to be playing games on his phone. [ 89 ] SW M. Moss believes C.R. has an A-typical consequence based parenting style similar to the way C.R. claims to have been raised. In total, SW M. Moss provided 76 hours of direct service to C.R.

More time was required because they were only able to get through half of the material due to C.R.’s tendency to debate and question the relevance of the material provided. [ 90 ] For C.R., the Director recommend that he continue with parenting programs and that he seek counselling. The counselling was directed at C.R.’s mental health and anger management. Anger management was an issue identified by a visit supervisor and was discussed with C.R. including the effect it had on the Twins. C.R. was informed and educated on the complex and individualized needs of the Twins.

While C.R. agreed with the complex needs, he did not agree with the individual needs of each child. C.R. tended to use his upbringing as a reference point in his own parenting. He was resistant to working with all care team providers and at times disagreed with recommendations of the care team such as the need for glasses or hearing aids for the children. [ 91 ] From SW M. Moss’s experience in working with C.R., C.R. rarely agreed with materials and recommendations provided to assist in his care of the Twins. C.R. felt that he didn’t need to do follow through as he disagreed with the need.

From Director and visit supervisor observations, C.R. struggled with caring for both Twins at same time. [ 92 ] From SW M. Moss’s perspective, if no CCO is ordered, the Director would have a significant concern with whether the children’s health and needs will be met in C.R.’s care. C.R.’s inability to work with others and his lack of engaging with mental health professionals and supports is the basis of the Director’s concern. Foster Parent J.D. [ 93 ] FP J.D.’s care of the Twins began August 27, 2019, shortly after their birth and while they were attending BCCH.

The Twins were in FP J.D.’s care for approximately one year. Prior to this, FP J.D. received seven years of MCFD training. Since being trained, she fostered six children over seven years and provided additional respite care to 25 children ranging in age from birth to four years. [ 94 ] FP J.D. met the Twins at BCCH in August 27, 2019. Neither parent was present at the time. FP J.D. was briefed by social workers and medical staff of the extremely complicated medical issues of the Twins and the long-term effects on them from being born so premature.

A.S.L.(2) had cranial stenosis, both had brain bleeds, both were intubated. Both children were on high flow C-Pap; A.S.L. (3) was at risk of cerebral palsy; A.S.L.(2) failed a hearing test. He had eye problems that required surgery. Hearing and vision were two major concerns for A.S.L.(2). From FP J.D.’s observations, the Twins time at BCCH was intensive, serious and significant. [ 95 ] At BCCH, FP J.D. first met A.S.L.(1) in the downstairs lobby with a social worker. A.S.L.(1) was very upset with changes to a surgery date. Social worker Janice calmed A.S.L.(1) and tried to introduce FP J.D.

A.S.L.(1) responded by putting a hand up towards FP J.D. saying “I’m not doing this right now” and walked away. FP J.D. did not perceive this as a threat and never took it this way. It was more along the lines of “I’m not having this conversation right now”. [ 96 ] On another occasion at BCCH, A.S.L.(1) questioned FP J.D.’s presence and stated her disagreement with a foster parent being there. A nurse took A.S.L.(2) and FP J.D. approached A.S.L.(3) and placed her hand on A.S.L.(3)’s tummy to comfort her. A.S.L.(1) abruptly said “don’t touch her” causing FP J.D. to back-off.

FP J.D. tried again to make conversation but A.S.L.(1) was having none of it and asked FP J.D. to leave at which time, FP J.D. reminded A.S.L.(1) that she was told ahead of time that FP J.D. would be present. The attending nurse motioned to FP J.D. that it was time to go as things were getting elevated. [ 97 ] At one point BCCH arranged for security to be present at the front desk and near the Twins room.

As well, security was escorting FP J.D. in and out of the hospital and to her car. [ 98 ] On reflection, FP J.D. understands A.S.L.(1) was under a lot of stress at the time and did not want a lot of communication with a foster parent. [ 99 ] In the beginning, FP J.D. was driving down the coast weekly, staying overnight then returning to Kamloops the next day. This continued for a five to six week period until the Twins were transferred to RIH. [ 100 ] A.S.L.(1) started having visits at the Ministry office about a week after Twins were discharged from RIH. These interactions were courteous and short.

FP J.D. briefed the parents on what to expect during their visit and how to work through complications such as the rate of feed if A.S.L.(3) would not take a bottle. A.S.L.(1) took feedback and instruction. [ 101 ] By November 2019, the Twins were discharged into FP J.D.’s care. A.S.L.(3) was discharged without oxygen and had a feeding tube. Medical supplies and training was provided. A.S.L.(2) was gurgling when being fed. Both Twins were diagnosed with chronic lung disease at birth. Things were more stressful as flu season was approaching. FP J.D. worked to reduce stress on the Twins and kept them inside.

After four days and nights of caring for the Twins on her own, respite was arranged to assist. The Twins needed to be monitored 24 hours a day. This routine continued to the end of March 2020 when the Twins started sleeping on their own. [ 102 ] Over time, FP J.D.’s relationship with A.S.L.(1) became more courteous and respectful. A.S.L.(1) became more comfortable with

the arrangement and was able to relax. During this time, FP J.D. observed A.S.L.(1)’s care of the Twins to be caring and loving. A.S.L. (1) was wanting more time. There was a few times FP J.D. felt the Twins were not dressed properly on pick-up however, the main concern for the Twins was feeding which was improving including A.S.L.(1)’s ability to administer that feeding.

From FP J.D.’s observations, the Twins were happy and content when she picked them up from A.S.L.(1). [ 103 ] By July 30, 2020, FP J.D. was informed by the Director of A.S.L.(1)’s decision to move to the United States, shortly after in- person visits started. FP J.D. understood A.S.L.(1) was leaving because she needed a break and needed time to be away from town. FP J.D. was not informed about a return date and was told at a later date that visits with A.S.L.(1) and Twins will start in mid-August.

FP J.D. did see it as unusual for a mother to leave the country for an undetermined time while her children were in the Ministry’s care. [ 104 ] By July 30, 2020, A.S.L.(2) began showing a high gag reflex when solid food was introduced. A.S.L.(2) was having trouble swallowing chunks and was at times exhibited a gag reflex to the point of choking. A.S.L.(2) had to continue being fed pureed food, only thicker. Choking became a real concern. [ 105 ] A.S.L.(3) had issues gaining weight requiring a G- tube. A.S.L.(1) was interested in discussing strategies when feeding A.S.L.(3).

This was good news as FP J.D. had her own struggles with feeding A.S.L.(3). Feeding started with a syringe then bottle. Her gag reflex was high and sensitive. Everything had to be slow, gentle and coaxing. A high level of patience was required. [ 106 ] FP J.D. is aware that the Director is seeking CCO and that she was approached by the Director to consider caring for the Twins long term. FP J.D. declined the request for personal reasons. [ 107 ] FP J.D.’s term as a foster parent of the Twins came to an end in August 2020, at which time, the new foster parent became L.W.

Foster Parent L.W. [ 108 ] FP L.W. provided foster care for the Twins beginning in 2019. In the beginning, she provided relief and helped FP J.D. during the night so that she can get sleep. This continued until the Twins slept through the night at around nine months of age. In August 2020, FP L.W. took over as the full time foster parent. FP L.W. completed safe baby training twice; was a registered nurse in the past with 14 years as a neo-natal nurse. The Twins were her first placement as a foster parent. [ 109 ] A.S.L.(3) was walking and crawling and meeting her milestones. A.S.L.(2) could not sit up.

FP L.W. first met A.S.L.(1) in her capacity as relief foster parent then as the full time foster parent. In the beginning, A.S.L.(1) wouldn’t talk to FP L.W. and went through a period where A.S.L.(1) wouldn’t have anything to do with her however, over time, A.S.L.(1) started coming around. [ 110 ] FP L.W. took the Twins to their monthly medical appointments. The parents would alternate in their attendance. FP L.W. recalls one physio and speech appointment in March not going well as C.R. kept interrupting. In regard to A.S.L.(1), FP L.W. states these appointments went well.

A.S.L.(1) was engaged and asking questions and at times came up with helpful suggestions that FP L.W. agreed with. [ 111 ] On one occasion while picking up the Twins at C.R.’s residence, FP L.W. observed an overwhelming smell of cannabis coming from the Twins’ clothing. This was reported to social workers. [ 112 ] It was after May 2021, when FP L.W. observed that A.S.L.(3) was displaying disruptive behaviour and quarried whether this was the result of a lack of sleep or hunger. She also noted that A.S.L.(3) was exhausted by Thursday of each week.

It would take the weekend to settle A.S.L.(3) who, at the time, needed a continued routine. At this time, A.S.L.(3) was beginning to cry in her sleep. From FP L.W.’s perspective, the current visitation

schedule was causing a disruption for the Twins. [ 113 ] From FP L.W.’s observations of A.S.L.(1) and the Twins, she tended to focus on A.S.L.(3) more than A.S.L.(2), as A.S.L.(3) was more responsive. FP L.W. seen A.S.L.(1) apply interruption techniques which from FP L.W.’s perspective is from A.S.L.(1) attending therapy and assessment sessions. In terms of visits, FP L.W. confirms that A.S.L.(1) cancelled several visits because she was not feeling well. [ 114 ] From FP L.W.’s observation of C.R.’s care of the Twins, C.R. doesn’t play with the Twins too much.

He reacts more to A.S.L.(3) and raises his voice to her when she is messing with things, rather than coaxing her. From FP L.W.’s experience, A.S.L.(3) reacts better when coaxed. To his credit, C.R. never cancelled a visit. Jenny Egyed [ 115 ] Jenny Egyed is currently the Director of Operations for Child Mental Health. Ms. Egyed holds a Bachelor of Psychology from University of British Columbia, a Master’s Degree in counselling from University of Victoria, and a certificate related to child abuse from the Justice Institute of British Columbia. Ms.

Egyed is licenced as a registered clinical counsellor with at least 20 years’ experience in the field and has worked on hundreds of cases. In these proceedings, Ms. Egyed was qualified as an expert in child and youth mental health. [ 116 ] Ms. Egyed was asked to observe C.R.’s care of the Twins then provide recommendations for treatment. [ 117 ] In Ms.

Egyed’s opinion, C.R. believed that his relationship with his father was a negative however, C.R. turns this experience into a positive by saying it made him stronger, thereby justifying the acts of his father and that C.R. has little tolerance for criticism about how he was parented or his own parenting styles. [ 118 ] Ms. Egyed also opined that C.R. has esteem sensitivity in that he wasn’t good enough and that he had to behave a certain way in order to achieve certain things. This leads to feelings that he is inadequate causing C.R. to shut down.

This shows up in his interactions with the Twins and with professionals working with him. It is difficult for C.R. to admit mistakes causing him to be defensive about his parenting style and choices.

[ 119 ] With A.S.L.(3), C.R.’s actions and expectations are incongruent with what a two and a half year old child is thinking. C.R. needs A.S.L.(3) to be intelligent and conquer the world so that he can feel good about being a parent. [ 120 ] A.S.L.(3) is stressed if she isn’t satisfying C.R. Praise for being correct and a disapproving NO if wrong. She is receiving disapproving negative messages from a parent which puts A.S.L.(3) in a state of prolonged stress, which affects normal brain development.

This was observed consistently with C.R. where his sudden disapproving reaction to A.S.L.(3), who then shuts down her play and moves on to something else because of stress. Ms. Egyed sees C.R. repeating disapproving ways he learned as a child in his relationship with his parents. [ 121 ] Ms. Egyed opined that the older the Twins get, the more expectation C.R. will have of them to meet his expectations and ideals. This causes children to become aggressive and oppositional. Ms.

Egyed worries about how C.R. will respond when no one is around to observe. [ 122 ] With A.S.L.(2), similar behaviour was present but much more muted. A.S.L.(2) is delayed so C.R. has lower expectations which is a good thing but C.R. is still observed to engage with him in his own intrusive way. During visits, C.R.’s focus is always on A.S.L.(3), while A.S.L.(2) lays on floor. [ 123 ] Ms. Egyed identified the following concerns should the children be placed in C.R.’s care: - C.R.’s baseline level of regulation is very low. He is quite dysregulated and grandiose in his thinking. He is very reactive.

He says offensive and violent things around children and women such as “they just need to get laid and they are not happy sexually so they have power and control to compensate.” He talks about slapping people or punching people. He wont be able to sensor that around children as they get older. These are indicators of mental health issues and a need for treatment. [ 124 ] Ms. Egyed supports the Director’s CCO application for the Twins as it relates to C.R. [ 125 ] While Ms.

Egyed has had no contact with A.S.L.(1), she questions how the children would be impacted when their parent’s interactions are as problematic and volatile as C.R. and A.S.L.(1)’s. A.S.L.(1) [ 126 ] A.S.L.(1) is 27 years of age, is the biological mother of all the children and currently resides in Kamloops at a residence provided by the Elizabeth Fry Society (E-Fry). Her income is from persons with disability and she sells [omitted for publication] for additional income. She retains approximately $1,308 per month after rent. [ 127 ] A.S.L.(1) sought the assistance of E-Fry to help with her care of her children.

E-Fry provided support through individual and group discussions on wellness, mental health and peer support. A.S.L.(1) attended scheduled weekly meetings to discuss Director concerns and expectations and develop strategies on how A.S.L.(1) can deal with the Director representatives in a calm way. A.S.L.(1) found the sessions helpful in relieving the stress she was experiencing with Director representatives. [ 128 ] With the support of E-Fry, A.S.L.(1) believes she has learned to regulate her stress and to deal with triggers from her past while growing up and the fear of the same happening to her own children.

On one occasion, A.S.L.(3) hurt her finger on a bottle warmer. This was a bit of a trigger for A.S.L.(1) as it occurred under A.S.L.(1)’s watch. A.S.L.(1) believes her mom failed at raising her and points to the time when her mom dropped A.S.L.(1) off at her grandfathers at the age of three only to be abused by him. A.S.L.(1) is also triggered when she hears one of the children say “mommy’s house is not fun”. She feels like a failure. [ 129 ] A.S.L.(1) recalls going into labour with the Twins on [omitted for publication]. The Twins were only 21.5 weeks along.

She recalls the doctor citing high stress as the reason. A.S.L.(1) recalls being sent to Vancouver on May 7th because of her decision to not terminate her pregnancy as was being suggested. A.S.L.(1) recalls doctors concerned that either her or the Twins may parish if she chose not to terminate. A.S.L.(1) recalls this being a very difficult choice to make. Ultimately, she chose to have the Twins by emergency C- section. A.S.L.(3) was 1.2 pounds and A.S.L.(2) 1.3 pounds at birth. The Twins were very small requiring modified medical equipment to treat.

She recalls her emotions being all over the place and slept very little. A.S.L.(1) testified that she just wanted to stand and stare at them all day and every day. At one point, A.S.L.(1) recalls being told to leave the hospital room to get something to eat. On one occasion, A.S.L.(1) had left the hospital then received a call from hospital that A.S.L.(3)’s heart may be stopping. A.S.L.(1) recalls returning to the room to see eight people surrounding the child. A.S.L.(1) describes her time at BCCH as a nightmare however, she believes it was all worth it as the Twins are alive today.

A.S.L.(1) states that she was with the Twins daily and was able to hold them. She recalls struggling with seeing all the nurses required to move the Twins and their equipment from one location to another. Outburst at the Hospital [ 130 ] A.S.L.(1) did not want C.R. present at BCCH. He said he was the father, so A.S.L.(1) felt she got stuck with him there. She recalls hospital staff feeling unsafe in C.R.’s presence. She recalled difficulty in having conversations with hospital staff because C.R. was being obstructive.

A.S.L.(1) asked staff to speak with her directly. [ 131 ] A.S.L.(1) recalls hospital security being called many times and admits snapping at a nurse on one occasion when she observed the nurse move one of the babies without supporting the baby’s head at which time, A.S.L.(1) stated “u better watch your back” and left. [ 132 ] Near the end of July 2019, A.S.L.(1) recalls sitting on a bench with C.R. up the street from McDonald House when a police car approached from a distance. Both officers walked towards C.R. and informed him of an allegation that C.R. threatened to blow up the ward.

C.R. was kicked off the premises after this and he was detained for weekend before returning to Kamloops. [ 133 ] During A.S.L.(1)’s testimony, she made it very clear that she did not want anything to do with C.R. and did not want to answer questions related to him. She does not think it is in the Twins’ best interest for C.R. to see them. A.S.L.(1) feels threatened by C.R. and is adamant that C.R. is not an ex-partner and that they were never in a relationship and when asked to describe the relationship, A.S.L.(1)

states “we had kids together” and that C.R. is simply “a sperm donor”. [ 134 ] A.S.L.(1) recalls feeling threatened by the presence of a foster parent at BCCH because it told her that she was no longer the mother of her children. A.S.L.(1) denies threatening FP J.D. and believes hospital staff may have misinterpreted her tone as a threat.

A.S.L.(1) believes she was intentionally kept from the Twins so that the foster parent could bond with the children. [ 135 ] Things at RIH were more strict as A.S.L.(1)’s time with the Twins was limited to three hours and not daily like she was enjoying while the Twins were in BCCH.

A.S.L.(1) recalled feeling angry at the time because she felt she would not be there if something bad happened to the Twins while she was absent. [ 136 ] After discharge, A.S.L.(1) recalls her visits with the Twins occurring one and a half hours in duration, sometimes after C.R. and always under the watchful eyes of others. [ 137 ] When the pandemic hit, in-person visits with the Twins ended and moved to video calls with the Twins in FP J.D.’s presence. Some visits were cancelled, as according to A.S.L.(1), FP J.D. either forgot about the visit or that A.S.L.(1) did not go through the proper channels.

Virtual visits were difficult because the Twins did not focus on screen. Virtual visits continued into June. [ 138 ] In regards to A.S.L.(3) and the G-tube for feeding, A.S.L.(1) recalls being involved in the discussion with medical staff who were to perform the surgery. The concern was whether A.S.L.(3) was getting enough calories. A.S.L.(1) wanted the G- tube out because she felt it was unnecessary so she did not consent to the surgery. A.S.L.(1) did not want another surgery to traumatize A.S.L.(3). As things turned out, there was a one-month wait list for the surgery.

This gave A.S.L.(3) time to progress, which she did, then there was no more talk of surgery. A.S.L.(1) also chose to not consent to surgery on A.S.L.(2)’s skull. The idea was to break A.S.L.(2)’s skull and reshape it so that it would look more normal. A.S.L.(1)’s rational for refusing consent at that time, was that she was also told by the same doctor that the surgery could be done later in A.S.L.(2)’s life with the same result. [ 139 ] On June 2, 2020, the Director became very concerned after learning from a visit supervisor that A.S.L.(1) had given A.S.L.

(3) Thrive. A.S.L.(1) had experience using Thrive for her own personal health and felt it would be a good supplement for A.S.L.(3) to avoid surgery. Prior to giving A.S.L.

(3) Thrive, A.S.L.(1) emailed the treating doctor about providing Thrive to A.S.L.(3) but never got an answer back. The visit supervisor discussed the need for A.S.L.(1) to get prior approval. This was reported to the Director who followed up with the doctor who then advised that Thrive was not going to be a problem. As it turned out, the Director did not share this information with A.S.L.(1).

This was all an attempt by A.S.L.(1) to increase the calorie intake for A.S.L.(3) so that she can avoid surgery. [ 140 ] In July 2020, A.S.L.(1) recalls being served with the Director’s CCO application after a visit with the Twins. She ripped up the documents and tossed them in the garbage, then walked away. In the beginning, A.S.L.(1) states she understood why the Director and doctors were concerned, however as the Twins got older, A.S.L.(1) disagreed with the level of involvement of the Director in her care of them.

From A.S.L.(1)’s perspective, she struggled with balancing the time and work spent by all involved to ensure A.S.L.(1) is caring for the Twins and understands their medical needs, only to have them removed. This was very conflicting to A.S.L.(1). [ 141 ] On July 25, 2020, A.S.L.(1) decided to travel to the United States to visit family and was happy to have gone as it allowed to her to spend time with her grandmother before she passed. A.S.L.(1) recalled it was a painful decision to travel to the United States while her children were struggling and in the Director’s care.

She advised SW Ford that she would be back in two weeks. A.S.L.(1) returned to Kamloops on September 9, 2020. [ 142 ] On her return, A.S.L.(1) was informed about the foster parent change from FP J.D. to FP L.W.. A.S.L.(1) states she likes FP L.W. as she is a retired nurse and the children loved her. Pregnant with P.M.L. [ 143 ] Before leaving the United States, A.S.L.(1) learned that she was pregnant again. She was afraid to tell the Director out of fear this would cause the Director to take the Twins away. P.M.L.

Removal [ 144 ] Not long after P.M.L.’s birth, A.S.L.(1) was told that P.M.L. would be removed and in foster care. She recalls asking why and was told that with the Twins in care, she may not know how to care for an additional baby. [ 145 ] P.M.L. was normal at birth and under the supervision of the Director, was discharged to the care of F.L. A.S.L.(1) was residing with F.L. at the time. This arrangement allowed the Director to place P.M.L. with family instead of a foster parent. This arrangement continued for six months. During this time, A.S.L.(1) cared for P.M.L. all the time.

She was putting him to bed, feeding, bathing, changing and cleaning up after him. A.S.L.(1) also brought P.M.L. to his appointments. At times, A.S.L.(1) was left alone with P.M.L. for five-hour stretches and on occasion overnight. Based on her time with P.M.L. at this time, A.S.L.(1) believed she was and is capable of caring for P.M.L. [ 146 ] Now with three children, A.S.L.(1)’s visits with the Twins was at six hours and she was instructed by medical staff not to do any heavy lifting for six weeks.

A.S.L.(1) says she pushed it by looking after the Twins and P.M.L. at this time. [ 147 ] At the same time, A.S.L.(1) was attending the Tree for counselling. She did this to get out of her Mom’s house with P.M.L. and on her own. She recalls being told to keep P.M.L. awake during visit supervision to allow supervisors to observe. She slept when P.M.L. slept. She recalls the occasional random after hours’ visits by Director staff requesting to see P.M.L.

This was becoming a concern for F.L.’s mother who worked from home and on occasion had clients attend at her home. [ 148 ] From A.S.L.(1)’s perspective, she cared for P.M.L. 24-7 during the first six months of his life while living with her mother, F.L. Despite having a toxic relationship with her mother, all was put aside so that she could care for P.M.L. She loved every moment of

caring for P.M.L. [ 149 ] In the fall of 2021, F.L. was served with an eviction notice. A.S.L.(1) moved her stuff out on November 27. Admittedly, A.S.L. (1) states she and her mother do better when not living together. Unfortunately, A.S.L.(1)’s time with P.M.L. went from every day to three days per week, which in A.S.L.(1)’s words – “tore her apart” and left her questioning what else she can do. [ 150 ] Unfortunately, A.S.L.(1) does not have a positive relationship with the Director. She disliked having to visit the children at the Director’s office and under their watchful eyes.

A.S.L.(1) continued with visits at the Director’s office and appreciated the work of visit supervisor Steel, who was a positive as A.S.L.(1) appreciated having someone around who was “not judging or twisting it”. A.S.L.(1) maintained her relationship with Ms. Steel beyond Ms. Steel’s time as a visit supervisor. A.S.L.(1) believes at times she was getting conflicting information from the Director and certain visit supervisors leading to further frustration.

The supervisors A.S.L.(1) appreciated were the ones that allowed her to parent. [ 151 ] A.S.L.(1) does not like her parenting to be supervised as it feels like her every move is being watched and feels afraid and nervous when parenting her children. She is afraid to use the word “time out”. She finds it difficult to be an active parent. She is afraid to ask for advice from supervisor out of fear the interaction turns into a failure on her part. She finds herself working hard to feed the children so that the Director will not think that she is not feeding kids enough.

A.S.L.(1) does struggle with caring for all three children, all young and all at different stages of development. [ 152 ] The Director raises the issue of conflict in A.S.L.(1)’s life as a contributing factor to A.S.L.(1)’s inability to parent. In August of 2019, the Director learned of an apparent landlord dispute involving A.S.L.(1). A.S.L.(1) states that the dispute originated with a friend who came over because he needed my help with his laundry. A.S.L.(1) knew the individual was a meth user and instructed him not to bring meth in her house.

As A.S.L.(1) was doing the laundry, she noticed a meth pipe in the cigarette pack and gave it to the individual, then called C.R. as she became afraid. A.S.L.(1) also called the police to report a person in possession of drugs. At some point, the landlord attended and started going through A.S.L.(1)’s fridge and accused A.S.L.(1) of stealing food from the landlord. A.S.L.(1) recalls that her fridge was full at the time because she allowed a friend to store food there temporarily. The landlord reacted by restricting A.S.L. (1)’s living space and locking her out of her bedroom.

A.S.L.(1) then called the police to so that she could have access to her space and things. [ 153 ] A.S.L.(1) is mindful of the Director’s concerns with whether she is able to maintain a child centred focus while parenting. A.S.L. (1) disputes this and states that she has been focused on her children through three years of court proceedings so that she can be a parent to her children. A.S.L.(1) acknowledges that she does not prioritize time with each child and can understand why the Director thinks this. A.S.L.(2) is autistic and A.S.L.(1) wants him to be comfortable.

She focuses a lot of time on A.S.L.(3) because she is active and is concerned that she may harm her younger brother P.M.L. [ 154 ] As for the conflict with C.R., A.S.L.(1) is adamant about not wanting anything to do with him as he treated her poorly and in A.S.L.(1)’s opinion, his behaviour was the major cause to the Twins being born premature. She says that C.R. never let her have a say and at one point tried to convince A.S.L.(1) to stop fighting for the Twins. A.S.L.(1) alleges that C.R. believes that the only reason A.S.L.(1) was getting access to the Twins was because he was fighting for the kids.

A.S.L.(1) does not see a future with C.R. She looks back on her time with C.R. as a negative. He was manipulative and mentally abusive. He said disturbing things to hospital staff at RIH and BCCH, which was very disturbing and problematic as it tended to define her time with the Twins. Mental Health Concern – Emotional Dysregulation [ 155 ] A.S.L.(1) disagrees with the Director’s characterization of her emotional responses. A.S.L.(1) admits to being frustrated when told she can’t see her children.

A.S.L.(1) believes she is at a position now in her life where she is able to calm herself down and that counselling has helped in this regard. [ 156 ] A.S.L.(1) testified about hearing the keyboard clicks when she did something wrong during a supervised visit, that was very troubling. She believes directions from Director staff has not been consistent. Being told one thing by an MCFD supervisor then told something different from an ICS supervisor.

A.S.L.(1) knows the Director staff have conversations about the children but feels she is only involved in 20% of the decision making for the children. [ 157 ] A.S.L.(1) understands she gets into fight mode when frustrated and has been taking medication to help with her ADD and anxiety. She sees a counsellor at the Tree weekly who helps her deal with past trauma and the struggles she is encountering with the children, the Director and court. A.S.L.(1) states that she has been attending the Tree for two years.

The Tree provides women’s supportive housing along with counselling and directions to get parents prepared for doing things on our own. Group meetings are every Friday three times per month. [ 158 ] A.S.L.(1) completed the Stepping Stones program in 2021 and graduated from this program. A.S.L.(1) states she is seeing a psychiatrist monthly. The psychiatrist proposed upping A.S.L.(1)’s medication which was done however, sleepiness was a side effect so the recommendation was to take the medication at night. A.S.L.(1) does not know whether this information is being shared with the Director.

A.S.L.(1) continues to see a psychiatrist and continues to adjust medication levels to help A.S.L.(1) overcome the little things, like getting overwhelmed while shopping. [ 159 ] A.S.L.(1) acknowledges that she was told by the Director to take parenting education programs. At the Tree, A.S.L.(1) states that she paid out of her own funds to take the Parenting After Separation course. She also completed the Nobody is Perfect program – a group for moms who have struggles and can speak with other moms.

In this group, A.S.L.(1) is able to talk about her frustrations like not being able to see her children or with experiencing her daughter refer to her as aunty. The Nobody’s Perfect course occurred over a six week period by Zoom with classes occurring each Tuesday. [ 160 ] The Director wanted A.S.L.(1) to take Circle of Security and Parenting Attachment with Kids course. A.S.L.(1) says she did not follow up with these courses as she was told that if she had a family support worker, she did not have to take courses.

[ 161 ] A.S.L.(1) has a support worker who was present when all three children were with her. This support worker wanted a meeting with all parties to avoid getting told different things. One of the struggles A.S.L.(1) is facing is the unwillingness or discomfort her support network is having with the Director’s involvement as A.S.L.(1) tries to address protection concerns.

These include other mothers in her support group, her own mother, The Tree, and E- Fry. [ 162 ] If the children are placed in her care, A.S.L.(1) states she has reliable ways to get to Vancouver and is contemplating moving to the Lower Mainland in the future. A.S.L.(1) would like to get a job down the road, when time permits and wants to experience picking up the children from school. [ 163 ] She believes other moms in the building will help with the day-to-day and can assist when needed.

If ill, A.S.L.(1) will seek the assistance of a family member although, A.S.L.(1) is adamant that she will not call upon C.R. for assistance. [ 164 ] Housing is an issue for A.S.L.(1). If she has a child with her at least 40% of the time, she would be eligible for assistance from BC Housing. Finding a new place has been a struggle. E-Fry is assisting A.S.L.(1) with finding a new place. [ 165 ] A.S.L.(1) states that she is protective when it comes to her children and feels like she has had no say regarding the Twins since they were born.

A.S.L.(1) acknowledges being in fight or defence mode since the Twins and P.M.L. were removed from her care shortly after their birth. [ 166 ] A.S.L.(1) questions how she is able to develop a support system when all of her time with the children is supervised and scheduled, making it difficult for the extended family to establish a relationship. [ 167 ] A.S.L.(1) states generally that all the women in her family have to live separate out of conflict with F.L. She believes her sister had a hatred with their mother as she did not raise her, the grandparents did.

At the same time, A.S.L.(1) states that things with her sister have improved as of late and the two were able to have a respectful conversation last Easter. [ 168 ] There is an ebb and flow to the conflict between A.S.L.(1) and F.L. On one occasion, A.S.L.(1) became upset with F.L. for having a male friend overnight. A.S.L.(1) states she only knew the man’s name but little else so A.S.L.(1) threw the man’s belongings outside as he was not supposed to be in F.L.’s house and told him to “get the hell away from my son”. F.L. became understandably upset as it was her house.

From A.S.L.(1)’s perspective, F.L. let a complete stranger around P.M.L., which for A.S.L.(1) was a trigger from what F.L. did to her in the past. A.S.L.(1) then decided to pack up P.M.L. and brought him to where A.S.L.(1) was residing. After getting P.M.L. settled, A.S.L.(1) states she went next door to neighbour to vent and had a drink of alcohol. The Director sees this as A.S.L.(1) is in another apartment drinking alcohol with the door closed and leaving P.M.L. unattended. A.S.L.(1) states she had the baby monitor on and was checking on P.M.L. every five minutes.

P.M.L. slept the entire time. [ 169 ] A.S.L.(1) conflicted with a neighbour at a shared residence for mothers. It was with a new mom who moved in and was someone A.S.L.(1) knew previously. The conflict was over the new mom smoking cannabis in her room which A.S.L.(1) states made the common hallway smell like cannabis. Eventually, this new mom was evicted. After the new mom left, A.S.L.(1) alleges that the new mom stole a wax warmer from A.S.L.(1)’s room. The item had sentimental value as it is the last thing A.S.L.(1)’s father bought for A.S.L.(1) before he died. A.S.L.(1) called the police who investigated.

A.S.L.(1) believes the new mom lied and somehow either came back after eviction or before she left, and wrote with a black sharpie in big words on A.S.L.(1)’s door “bye bye bitch”. A.S.L.(1) states that she threatened to beat up the new mom if she didn’t return the warmer. This was a threat done over text to a group chat which of course got A.S.L.(1) in trouble as the group and context is for support.

A.S.L.(1) acknowledges her error in sending the threat to the group chat and instead should have messaged the new mom directly. [ 170 ] On September 1, 2020, during a Skype call with a representative of the Director, A.S.L.(1) advised that she was staying at a women’s shelter in Omaha. She stated that a friend she knew and trusted grabbed her from the grandmother’s place, took her in for a little bit, then sexually assaulted her while he was intoxicated. A.S.L.(1) recalls running to a neighbours, who provided the number for the shelter.

A.S.L.(1) believed she was going to die and that she would not see her children again. A.S.L.(1) states that this was the first and only time she had sex with this man. She claims the man drank a lot and would play with his guns. She recalls him having a shotgun loaded and not on safety. A.S.L.(1) also recalls other loaded guns in and around the residence. She recalls a few nights where she was woken up to him inside her and holding a knife to her throat. A.S.L.(1) believes the sexual assaults by this man occurred around August 5 to 7, shortly after her arrival at his home.

A.S.L.(1) states that she didn’t want to say anything because she does not want to look at her child and say he is a rape baby because he is not. A.S.L.(1) says it was not her intention to get pregnant. [ 171 ] I will note that A.S.L.(1) did attend court throughout these proceedings however she was late on occasion (November 10, 2021) and on several occasions, walked out of the court room several times without returning. Through submissions of her counsel, I understand the few times A.S.L.(1) left the courtroom was when she became overwhelmed by some of the Director’s evidence.

Hearsay Evidence [ 172 ] Counsel for A.S.L.(1) raises the issue of hearsay in addressing the Director’s evidence adduced in this trial, which include third party observations and the introduction of reports without calling the author of those reports to testify. In this respect, pursuant to section 68(2) of the Act , while some evidence of the social workers at times contained accounts of others, I find this evidence sufficiently reliable. As well, I find that the reports referred to in this decision to be relevant and of sufficient weight to be considered in the context that I have referred to

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