2017 ONCJ 913, 2017 ONCJ 913

ONTARIO COURT OF JUSTICE (Name of Court) 491 Steeles Avenue East, Milton, ON L9T 1Y7 CITATION: Halton Children’s Aid Society v. D.S., 2017 ONCJ 913 DATE: October 24, 2017 COURT FILE # 482-16 WARNING The court hearing this matter directs that the following notice be attached to the file: This is a case under

Part III of the Child and Family Services Act and is subject to one or more of subsections 45(7), 45(8) and 45(9) of the Act. These subsections and subsection 85(3) of the Child and Family Services Act, which deals with the consequences of failure to comply, read as follows: 45.—

(7) ORDER EXCLUDING MEDIA REPRESENTATIVES OR PROHIBITING PUBLICATION — The court may make an order, . . . (

c) prohibiting the publication of a report of the hearing or a specified part of the hearing, where the court is of the opinion that . . . publication of the report, . . ., would cause emotional harm to a child who is a witness at or a participant in the hearing or is the subject of the proceeding.

(8) PROHIBITION: IDENTIFYING CHILD — No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child's parent or foster parent or a member of the child's family.

(9) IDEM: ORDER RE ADULT — The court may make an order prohibiting the publication of information that has the effect of identifying a person charged with an offence under this Part. . . . 85.—

(3) IDEM — A person who contravenes subsection 45(8) or 76(11) (publication of identifying information) or an order prohibiting publication made under clause 45(7)(

c) or subsection 45(9), and a director, officer or employee of a corporation who authorizes, permits or concurs in such a contravention by the corporation, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three years, or to both. Date : October 24, 2017 Applicant(s): Halton CAS Counsel: Diane Skrow Respondent: D.P.S.

Counsel: Susan O’Rourke – enhanced duty counsel Respondent : T.B. - self represented OCL Counsel for the Children: Mark Demeda ENDORSEMENT [ 1 ] This is my endorsement regarding the mother’s motion to change her Monday access to include overnights. The general outline of the access was consented to by the Society and the father. The Society provided a list of 24 conditions that it wanted to apply to the access. Some were agreed to by the mother, some not. The father and the Society objected (separately and for different reasons) to some of the mother’s suggested revisions.

[ 2 ] For oral reasons given during the hearing of the motion, I order as follows: 1. The Monday access visits in the temporary order dated March 6, 2017, as set out in paragraph 1(

a) of the Consent signed by the parties on March 6, 2017, shall be deleted and replaced with the temporary order set out in paragraph 2(4) below. 2. Paragraph 1(

c) of the temporary order dated March 6, 2017, being Society supervision of the visit, shall no longer apply to Monday access visits. 3. Paragraph 1(h), being the Society transporting the children to/from the visit, shall no longer apply to Monday access visits. 4. The Respondent mother, T.B. (the “mother”), shall have an overnight access visit with the children, M. and J.(the “children”), each Monday from 3:20 pm until Tuesday at 9:00 am. These visits will be unsupervised access visits and will be subject to the following terms and conditions: a.

On Monday afternoon, the mother shall pick the children up from school or arrange transportation for them to attend her home. The only persons who will transport the children will be the mother or her father, D.B.. b. On Tuesday morning, the mother shall bring the children to school on time for the start of school. Should the child(ren) be ill or unable to attend school, the mother shall notify the parents of the Respondent father, P.S. (the “father”), and the Society worker immediately prior to the commencement of school.

The mother shall then immediately return the child(ren) to the care of the father or his designate, unless the father consents in writing to the child(ren) remaining with the mother while he is at work. c. In the case of statutory holidays or P.D. Days that fall on a Monday or Tuesday: i. When the Monday is a statutory holiday, the children shall remain in the care of the father until 3:30 p.m. D.B. will then pick the children up. They will remain in the care of the mother until the following day. ii. If the day is a P.D. day, the children will be picked up by D.B. at the father’s parents’ home at 9:00 a.m. iii.

In either event, the mother will ensure that the children are returned to school the following day. d. The mother shall clean and organize her home and shall maintain a hygienic home free of clutter and hazards. e. The worker chosen by the Society shall attend at the mother’s home at least every 30 days to complete a home visit. That visit shall include an interview of the mother and P.C. and a physical check of the home environment. The mother shall permit the Society worker to view all parts of her home.

Should the home visit not take place within the 30 days due to the mother’s failure to fully cooperate with it, the Society may move to suspend unsupervised access visits until such time as the home visit takes place. f. Further, P.C. may not be present during any access visits unless he consents to and participates in an interview by the Society to determine whether it is safe and in the children’s best interests that he be present for access visits. If the Society has any concerns with regard to Mr.

P.C.’s presence at any access visits following that interview, it may move to restrict his participation in those visits. g. During the access visits, the mother shall allow the Society worker to attend at her home for scheduled and unscheduled visits, during which the mother shall permit the Society worker access to herself, her home and the children.

h. The mother and children shall remain in the Halton Region unless pre-approved in writing by the father and the Society worker. The sole exception will be that the mother may take the children to Mississauga to have dinner in the home of her parents, Mr. and Ms. B., if: i. Mr. and Ms. B. allow the Society to inspect their home on one occasion before any visits take place, and ii. the condition of the home on that inspection is satisfactory to the Society. In that event, such visits may take place. i. The mother shall not use any physical discipline with the children. j.

The mother shall not expose the children to any adult conflict, or permit the children to be exposed to adult conflict. k. The mother shall not discuss sexual abuse allegations with the children or in the children’s presence. l. The mother shall not discuss any of the court proceedings or other administrative proceedings with the children or in the children’s presence. This includes the ongoing proceedings in the Ontario Court of Justice, Superior Court of Justice and Small Claims Court, as well as any matters before the Child and Family Services Review Board and Human Rights Tribunal (if applicable). m.

The mother shall not discuss the Society or any of its staff with the children or in the children’s presence. The mother will discourage such discussions, if raised by the children. n. The mother shall not make negative comments about the father and/or his older children, N. and T., to the children or in the children’s presence. The mother will discourage such discussions, if raised by the children. o. The mother shall provide dinner for the children each Monday, and breakfast for the children each Tuesday. The mother shall also provide a lunch for the children to take to school each Tuesday. p.

The mother shall take the children to their scheduled extra-curricular activities on Monday evenings. The father shall not

schedule any such activities during the mother’s access time. Should the children be unable to attend, the mother shall advise the father and the Society worker. The mother will provide the father and the Society with copies of any registration forms and schedules for any activities in which she has registered the children during her access time. q. Should the children need emergency medical care during an access visit, the mother shall contact the father and the Society immediately. r. The mother shall not

schedule or take the children to any medical, dental, counseling, therapy or other similar appointments, unless pre-approved in writing by the father and the Society worker, except for emergency medical care referred to above. s. The mother is entitled to all medical records of the children and to speak to any treating professionals who wish to speak to her, without the advance consent of the father. It is up to the professional to decide whether they wish to speak to the mother. t. The mother shall follow safe-sleeping rules, including: i. Each child shall sleep in his/her own bed in his/her own bedroom;

ii. The mother shall not co-sleep with either child; iii. Each child’s bed shall have appropriate and clean bedding on the bed; and iv. The mother shall follow the children’s regular bedtime routine (i.e. tooth brushing, bathing, bedtime story), including their bedtime, in accordance with their

schedule in the father’s home. The father shall advise the mother of the children’s bedtime prior to the first overnight visit. u. The mother shall not be intoxicated during any access visits, nor shall she be under the influence of any non-prescribed substances during such visits. v. The mother shall consent to random drug and alcohol screening during access visits, as requested by the Society. w. P.C. shall not be alone with or in a caregiving role with the children, and shall not engage in any direct caregiving of the children (i.e. bathing, dressing, night-time routines).

Subject to the terms of sub-paragraph f above, nothing in this term prohibits P.C. from cooking dinner while the children are in the care of the mother. x.

The mother shall update the father and the Society worker in writing of any issues or concerns that may arise during the access visits. [ 3 ] The Society’s request for the following proposed access term is dismissed without prejudice to the right of the Society to request it again based upon evidence and on notice to P.C. and the parties: The mother shall provide the Society with evidence that P.C. is stable in the form of a current report from a qualified professional at Halton Healthcare (Oakville Trafalgar Memorial Hospital) or Halton Family Services.

Alternatively, the Society will accept P.C.’s signed Consent to permit the Society worker to verify such information directly with his doctor and/or therapist. The mother shall sign and shall not revoke consents for information sharing amongst involved professionals, as deemed necessary by the Society. October 24, 2017 Justice Marvin Kurz