IN THE MATTER of a hearing under THE CHILD v. FAMILY SERVICES ACT, 2014 SKPC 149

IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2014 SKPC 149 Date: July 21, 2014 Location: Moose Jaw _____________________________________________________________________________ Between: IN THE MATTER of a hearing under THE CHILD AND FAMILY SERVICES ACT AND IN THE MATTER OF P.A., born July 3, 1999 Appearing: Jordan Hogeweide For the Ministry of Social Services Unrepresented For the biological parents (not present) The parents and child are identified by initials in order to protect their identities. JUDGMENT M.

GORDON, J [ 1 ] By notice of protection hearing dated June 25, 2013, the Ministry made an application for a long term order with respect to the child P.A., who had been apprehended that day. L.K. and M.K. who had been appointed as persons of sufficient interest under s. 23 of the Act indefinitely were served. On May 20, 2014, the Ministry’s application to terminate their being persons of sufficient interest was granted by the Court. The K. family had consented to this application.

[ 2 ] On July 18, 2013, R.N. and L.N. of Claresholm, Alberta, agreed to be named as persons of sufficient interest for P.A. for an indefinite period of time. On August 6, 2013, Judge Kovatch granted their application. On June 26, 2013, J.A. and H.E., the biological parents of P.A., were served with notice of protection hearing in relation to this application by the N. family. The biological parents were also served with the notice of protection hearing that took place July 15, 2014. They were served on May 28, 2014.

The address for service used was the one located on the Ministry of Social Assistance system ACI. [ 3 ] At the hearing on July 15, 2014, no one appeared in person and there was no one representing any of the parties other than counsel for the Ministry. The sole witness for the Ministry was Tara Jones. [ 4 ] Ms. Jones has been the protection worker for P.A. since May of 2013. She reviewed in a general way the complete file with respect to P.A. Exhibit P-1, a copy of the Registration of Live Birth was entered as an exhibit. Ms.

Jones contacted J.A. about the Court proceedings but did not receive any indication that there would be any interest in participating. Ms. Jones also contacted the father H.E. who is not named on the birth certificate. H.E. seemed surprised that P.A. was his son and certainly did not intend to participate in these proceedings. The biological mother J.A. is a niece to M.K. who had been, for a period of time, appointed along with his wife L.K. as a person of sufficient interest and in whose care P.A. had been. [ 5 ] P.A. did not want to talk to Ms. Jones about his time with the K. family. However, Ms.

Jones noted the K. family moved frequently and were never in one location more than a year. She is aware that the K. family had a struggle with poverty and were often ostracized on a social and economic level by the community. [ 6 ] In February 2013, P.A. came into care due to parent/teen conflict. P.A. came into care under a s. 9 voluntary agreement and another one was also signed and Ms. Jones was preparing a third s. 9 agreement when M.K. was charged with assault. [ 7 ] At this time it was the Ministry’s view it was in the best interests of P.A. to apply for a long term order. Ms.

Jones relates that P.A. does not feel comfortable talking about his time with the K. family. P.A. then was in a foster home at Tugaske for about seven months and then family friends in Alberta, namely L.N. and R.N. applied and were granted person of sufficient interest status. P.A. moved out to Alberta to be with L.N. and R.N. but this did not work out. P.A. became very defiant and involved with drugs and would not follow the rules or go to school and the N. family asked that P.A. be returned to Saskatchewan.

The N. family felt they could not provide and care for him in a way that was consistent with his well-being. No family stepped forward as a resource for P.A. [ 8 ] As a result, he was placed in a peer home in Regina which Ms. Jones said is like a group home with more freedom. The home he is in has young men from 12 to 16 years. It is staffed by professionals but there is a significant amount of freedom. There is the expectation that the individuals will be responsible and gain skills, knowledge and work towards being independent. P.A. has been doing well in this home.

He is following the rules and his drug issue has certainly lessened. School is an unknown quantity at this stage but the plan is he will go to a regular high school in Regina that offers vocational programming as well. The Ministry is prepared to support P.A. and provide support for him. [ 9 ] Ms. Jones has discussed these proceedings and the Ministry’s position with P.A. and he did not voice any concern with it and in fact felt it was a good plan. P.A. does keep in touch with family as well as the K. family through Facebook and other social media.

ISSUE [ 10 ] The first issue to deal with is whether the child is in need of protection at the time he was apprehended. It is evident from Ms. Jones’ evidence that there were significant problems between P.A. and the K. family, especially M.K. In fact, M.K. had assaulted P.A. and entered a guilty plea to the assault. The K. family voluntarily consented to having their status of persons of sufficient interest terminated. [ 11 ] The biological parents have not come forward expressing any interest.

[ 12 ] The N. family who were appointed persons of sufficient interest requested that P.A. be returned to Saskatchewan as they did not feel they could provide the type of care P.A. needed due to his behaviour. Therefore the issue becomes what is the appropriate disposition under s. 37 of the Act ? [ 13 ] The Ministry has requested that under s. 37(3) the child should be placed in the custody of the Ministry until the child attains the age of 18 years. Under s. 37(4) the Court must consider the best interests of the child and may consider the recommendations of the officer.

Throughout The Child and Family Services Act the clear direction to the Court is to promote the well-being of children in need of protection, to offer appropriate services, to maintain support and preserve the family in the least disruptive manner.

Section 4 of the Act enumerates what the Court should take into consideration when determining the best interests of the child. [ 14 ] In this case, Ms. Jones and the Ministry have explored many alternatives for P.A. to facilitate him living with the family and/or family friends. However, this has not worked out. P.A. has been in care for over a year. He just turned 15 years of age. Ms. Jones has discussed this application with P.A. and the plan and future plans for him and she says he is content with the plan.

At no time has he expressed any dissatisfaction or questioned the Ministry’s request for a long term order. Ms. Jones testified that P.A. has no significant physical, mental or emotional needs and is a capable young man. He is behind in school because of refusing to attend school last year and his involvement with drugs when in Alberta. The Ministry plans to provide supports to assist him with school and specifically his reading and writing skills. [ 15 ] I am therefore satisfied under s. 37(3) and (4) of the Act that P.A. is in need of protection.

Because of his age and the efforts made by the Ministry, it does not appear that there is any other option available for him. I find that it is in P.A.’s best interest that he be placed in the custody of the Minister until he attains the age of 18 years. [ 16 ] Under s. 37(5), the Court may impose any terms and conditions or include in any order a provision respecting access. Ms. Jones testified that P.A. does keep in touch, at least via Facebook, with some family members. This is to be encouraged and facilitated by the Ministry assuming these contacts with family members are in P.A.’s best interest.

It is recommended that the Ministry provide support services, tutors or any other assistance that will assist this young man to continue in school, improve his reading skills and achieve success including, but not limited to, acquiring vocational and trade skills. M. Gordon, J