Nova Scotia (Community Services) v. E.M., 2018 NSSC 292

SUPREME COURT OF Nova Scotia FAMILY DIVISION Citation: Nova Scotia (Community Services) v. E.M., 2018 NSSC 292 Date: 2018-11-20 Docket: FTCFSA No.105581 Registry: Halifax Between: Nova Scotia (Community Services) Applicant v. E.M. & R.M Respondent Judge: The Honourable Justice Cindy G. Cormier Heard: November 14, 2018, in Halifax, Nova Scotia Written Release: November 20, 2018 Counsel: Samantha Parris for the Applicant Brendan Martin for the Respondent E.M. Katelyn Viner for the Respondent R.M.

Restriction on Publication Pursuant to subsection 94(1) of the Children and Family Services Act, there is a ban on disclosing 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 pursuant to this Act, or a parent or guardian, a foster parent or a relative of the child. This decision complies with this restriction so that it can be published.

Introduction: [ 1 ] The Minister of Community Services asks for an order for permanent care and custody for three children, a 3 year-old girl, C, an almost 5 year old girl, O, who were both born in Shelburne County, Nova Scotia, and a 6 year old boy, R who was born in Winnipeg, Manitoba. [ 2 ] The children’s mother, Ms. M and the children’s father, Mr. M are the respondents in this proceeding. Mr. M is originally from the Shelburne, Nova Scotia area. Ms.

M is originally from Victoria on Vancouver Island, British Columbia and she is a member of the Tsartlip First Nation, near Brentwood Bay. [ 3 ] In late May 2017 Mi’Kmaw Family and Children’s Services of Nova Scotia served Ms. M and Mr. M with notices of taking into care for the children C, O and R. Ms. M was served at the women’s shelter she had been residing in with her children C, O and R, the Millbrook Healing Centre, Millbrook First Nation, near Indian Brook in the County of Hants, Province of Nova Scotia, and Mr.

M was served in Halifax, Nova Scotia. [ 4 ] The Mi’Kmaw Family and Children’s Services of Nova Scotia Agency prepared a Protection Application and Notice of Hearing seeking an initial interim hearing in the Family Court in Pictou County Nova Scotia in late May 2017. The Application was filed after the amendments to the Children and Family Services Act made by S.N.S. 2015, c. 37 (effective March 1, 2017).

The completion of the interim hearing and the protection hearing took place in the Family Court in Truro, Nova Scotia. [ 5 ] At the outset of their court involvement with the respondents the Mi’Kmaw Family and Children’s Services Agency identified services for the family including but not limited to, legal aid services, culturally appropriate foster home placements for all three children C, O and R, supervised access and transportation to access, counseling for both Mr. M and Ms. M, random drug testing for Mr. M, family support services for both Mr. M and Ms. M, parental capacity assessments for Ms. M and Mr.

M, a sign language interpreter for Ms. M through the Society of Deaf and Hard of Hearing Nova Scotian’s Mainland Office, support through the Court’s Interpreter Services Coordinator, and play therapy for the eldest child R. In addition, the Agency initiated Genograms, Ecomaps and cultural and

history connection tools for the children. [ 6 ] In July 2017, the Mi’Kmaw Family and Children’s Services of Nova Scotia Agency began the process of transferring the family’s files and the children’s files to the Halifax District Office – Child Welfare, as neither parent was living on a first nations reservation, nor had they communicated a plan to live on a reservation in Nova Scotia or elsewhere. [ 7 ] Steps were taken by the Mi’Kmaw Family and Children’s Services of Nova Scotia Agency and the Halifax District Office – Child Welfare, to maintain many of the existing services which had been put in place by the Mi’Kmaw Family and Children’s Services of Nova Scotia Agency including but not limited to: culturally appropriate foster care for the children, assessors initially identified to complete parental capacity assessments including cognitive and mental health assessments, and counseling services for both Mr.

M and Ms. M, and in particular counseling with a therapist who had worked through a sign language interpreter was put in place for Ms. M at her request. The two Agencies worked together to put in place remaining services for the family in the Halifax area where Mr. M and Ms. M had chosen to live. JL was the new long-term worker assigned to the file in Halifax.

Agency Plan for the Children’s Care [ 8 ] An Order to Transfer the matter from the Family Court of Nova Scotia to the Nova Scotia Supreme Court (Family Division), in Halifax Nova Scotia was granted on July 18, 2017. [ 9 ] The formal “Agency Plan for the Children’s Care” was prepared by the Halifax District Office-Child Welfare, in September 2017. The Halifax District Office, Child Welfare undertook to provide services to alleviate the risk of harm to the children.

The services of a child protection social worker, a child in care worker, and a family support worker were put in place first by the Mi’Kmaw Family and Children’s Services of Nova Scotia Agency and then by the Halifax District Office in order to monitor and assist the family and to coordinate other private or community services. [ 10 ] The initial disposition hearing was heard in the Nova Scotia Supreme Court (Family Division) on October 13, 2017.

The identified concerns were the parties’ mental health issues, domestic violence, inadequate parenting skills, and past or more recent parent involvement or children’s exposure to substance abuse by a parent. At the disposition stage the Agency in Halifax Nova Scotia sought a court order for Mr. M and for Ms. M to continue many of the same court ordered services initially identified by the Mi’Kmaw Family and Children’s Services of Nova Scotia Agency at the interim stages of the proceeding. [ 11 ] In July 2018 a revised Agency Plan for the Children’s Care was filed with the Court by the Agency in Halifax.

The Minister of Community Services sought permanent care and custody of C, O and R. The agency argued there were: “outstanding concerns regarding Ms. M’s mental health stability, family skills education and demonstration of family skills education as it pertains to parenting, as well as continued concern regarding inadequate parenting skills”. In assessing Ms. M’s plan, the Minister of Community Services determined that there was insufficient evidence that the services offered to Ms. M and the family had assisted Ms.

M in making the changes necessary to reduce the identified risks to the children C, O and R. [ 12 ] Mr. M was represented by legal counsel but he chose not to put forth a plan for the children and he chose not to participate in the final review hearing. Ms. M. was represented by legal counsel and at the final review hearing she sought the return of all three children, C, O and R, to her care. Ms. M was provided with an interpreter for sign language in English as Ms. M has speech and hearing impairments and primarily uses sign language to communicate with the hearing community.

The child in care business records for the children C, O and R were reviewed. Threshold admissibility of the evidence was found to be in the children’s best interests. The children’s statements are not being considered for the truth of their contents.

Observations of the children’s behaviour, their development and consideration of statements or disclosures made by the children since being placed in care R, born June 02, 2012 and is currently 6 years old R’s experience with access visits [ 13 ] R has regularly experienced mixed emotions when scheduled to attend access visits with his mother and his father. [ 14 ] In July 13, 2017 R’s foster mother was asked to pack snacks and lunch for R as his parents did not have the resources to provide these during their access visits with R. [ 15 ] Counseling services were arranged for R to help him work through any emotional difficulties he was experiencing. [ 16 ] On October 22, 2017 JL the long-term social worker for the family transported R to his access visit with his mother and sisters and a separate visit with his father.

R expressed excitement at visiting his “real mommy”, and indicated he loved her. R also stated his father Mr. M “used to drink all the beer and yell”. R talked about an incident when his father was yelling at his mother and R came out of his room and yelled “stop”. R then disclosed that his father had “hit him in the face”. When asked if he wanted anything about his access visits changed, R stated that he wanted his father “to go away”.

When asked if this meant he did not want to see his father, R indicated he had changed his mind and he did wish to see his father as he would “be sad” if he did not. [ 17 ] On December 28, 2017 R’s foster parent reported he was experiencing ups and downs regarding attending access visits. R presented as excited to see his mother but could not understand why he could not stay overnight with his mom. [ 18 ] In March 2018 R’s foster parent advised that R cries before access visits and indicates he does not wish to go.

It was believed the long travel time for R may have been having an impact on his willingness to attend access.

[ 19 ] In April 2018 R’s foster parent advised that he had been attending access visits without protest but was speaking about his sister O less frequently. The foster mother observed that R speaks positively about his mother but not about his father. The foster mother observed that R calls his father a “drunk”. [ 20 ] In May 2018 R’s foster parent advised that R had stated that Ms. M gives him cereal for snack, and supper and there is not a lot of food in his mother’s home.

The foster mother confirmed she had eliminated lactose from R’s diet at the direction of R’s doctor and she had observed R’s health had improved. The foster mom also reported that R continued to ask her to lie for him to avoid attending access visits. The foster mother indicated that she continued to encourage R to attend all access visits. [ 21 ] In June 2018 R’s foster mother noted that R appeared to be more anxious and that R had reported that his mother gives him a lot to drink during his visits with her.

The foster mother also reported R had stated “mom’s social worker is mad at her because of her boyfriend T”, who is his new dad. The foster mother indicated she was concerned Ms. M may be directing R to call someone he had not met personally, his father. [ 22 ] On June19, 2017 R’s foster mother expressed concern that Ms. M may still be providing R with milk products. R had stated “I’m sick because mom gave me milk”. [ 23 ] On August 29, 2018 the foster mother reported that it appeared Ms. M had stopped feeding R milk products. R had reported that Ms. M buys him “special milk”.

The foster mother noted that R was becoming increasingly more dysregulated following access visits. She advised that R was lashing out and hitting which he had stopped after initially being placed with them. The foster mother reported that R had been throwing objects out the car window while being transported to an access visit. The foster mother noted that she locks her windows and doors while transporting R. [ 24 ] R’s foster mother advised that R had stated that his mother had a new boyfriend named T, and Ms. M has told him not to tell the foster parent, or case aides or she would get in trouble.

R had stated he would be sad if his mother got into trouble, and particularly sad if she got into trouble because he told the foster mother about her new boyfriend. The foster mother advised that when she indicated to R that he did not need to be sad, R stated he was sad “that he had a new stepdad”. The foster mother asked R who his new stepdad was and R indicated “daddy T”, indicating he had seen pictures of T.

R’s introduction to school and ongoing academic development [ 25 ] After R was placed in the care of the Minister he was registered in day care to help him develop social skills and prepare for primary in September 2017. R’s daycare teachers described R as impulsive and as experiencing difficulties following rules and expectations. R was described as having a short attention span and staff noted that R required close supervision. Staff reported they were concerned about R starting school in September 2017. [ 26 ] On August 17, 2017 SI met with R, R’s foster mother and R’s previous social worker.

The plan for R to attend school in September 2017 was discussed. The school was advised R needed to be closely supervised. SI was advised that R was impulsive, had difficulty focusing on tasks and had run into the road and jumped into a car with a stranger.

SI was further advised that R does not ask about his parents, and does not recognize stranger danger. [ 27 ] On October 13, 2017 R’s foster mother reported R was doing well in school. [ 28 ] On December 28, 2017 R was observed to be progressing with his tutor and getting better with following rules, but requiring reminders and repetition. [ 29 ] In April 2018, EB, R’s new worker, spoke with R’s foster mother who reported that R’s teacher described R as a great student academically but noted it could be difficult to keep R on task.

R’s behaviour in the foster home (developmental delays and behavioural challenges noted) [ 30 ] On July 14, 2017 R’s foster mother indicated R continued to test limits but was doing well in the home. The foster mother indicated R tested boundaries by leaving the property and required close supervision. [ 31 ] On July 17, 2017 R’s foster mother reported that R had not peed in his pants for three weeks and the foster mother was praising R for his efforts.

R’s foster mother reported that R had a habit of taking his sheets off his bed and just sleeping on a bare mattress. [ 32 ] On October 13, 2017 R’s foster parent observed R had the feeding skills of a three or four-year old child. She noted R wet the bed several times and that he continues pulling the sheets off his bed at night and sleeping on a bare mattress. R’s foster mother indicated she had been monitoring R’s liquids.

The foster parent indicated that R does attend cultural activities in the community and he has expressed happiness at having the opportunity to attend the events. [ 33 ] In February 2018 the foster parent noted that behaviours first observed when R was first placed in care appeared to have improved. [ 34 ] April 2018, EB, R’s new worker, spoke with R’s foster mother. R’s foster mother reported that R often wakes during the night and he will wake his foster siblings up as well. [ 35 ] In May 2018 R’s foster mother noted that R had “traits of a toddler” although he was almost six years old.

O’s foster parent described R as having no boundaries, and no concept of safety concerns. The foster parent explained there was an ongoing risk R would just “roam” right out of the home and that R does roam at night. [ 36 ] On June 7, 2018 R’s foster mother reported that R had wet the bed the previous few nights, which was unusual for R at that point in time.

[ 37 ] On August 28, 2018 R’s foster mother reported that R was presenting with challenging behaviour. She noted that R was sick less frequently, most likely due to the change in his diet and that R has a lot of energy. The foster parent indicated that R does not respond to requests or accept redirection. The foster parent noted that R continues to push his boundaries and she must supervise him constantly. She indicated that R has a “big heart” but cannot control his behaviours. R was referred to Dr.

H, a pediatrician. [ 38 ] In August 2018 R’s foster mother explained that R does not understand general safety concerns, and that he requires full supervision and is a flight risk. She described R as very smart and indicated that she must advise him in advance of the consequence for failing to comply with a request to encourage R to comply with general requests. R’s physical health and emotional health [ 39 ] On December 12, 2017 R failed his vision screening by public health. An eye appointment was arranged on December 21, 2017. It was later determined that R has an astigmatism and he required glasses.

R may also need a patch over his eye. [ 40 ] In January 2018 R completed therapy. [ 41 ] In April 2018 R’s foster mother and R’s doctor began to suspect that R’s exposure to dairy products may be weakening his immune system. [ 42 ] In May 2018 R’s foster mother noted R was diagnosed with a “lazy eye” and it would need to be patched at some point. She noted they were focusing on helping R keep his glasses on and improving his day life skills with his improved vision. [ 43 ] On June 14, 2018 R’s foster parent expressed concern that R’s eye glasses had been taken off at Ms.

M’s home during an access visit and had been left there. The foster mother indicated that R should always have his glasses on as he cannot see properly without them. [ 44 ] In August 2018 R was referred to a pediatrician. O born November 29, 2013 and is almost five-years old O’s experience with access [ 45 ] On July 10, 2017 KG the case worker advised that C had settled into her placement and that access had been arranged on Wednesdays and Fridays 10am – 4pm and was fully supported. [ 46 ] KG advised that Ms.

M had been keeping the children’s belongings and had been speaking negatively about the foster parent in the children’s presence. [ 47 ] On August 4, 2017 the foster parent noted that O would sometimes say she missed her mother but did not talk about her father. The foster mother indicated that O displayed significant post-access behaviour including screaming, slapping workers, and having to be carried out of the house. The foster parent noted that visits required redirection for the safety of the children.

In addition, the foster mother indicated there continued to be an issue with the children’s belongings not being returned after visits. [ 48 ] On August 17, 2017 SI transported O to an access visit with her mother. SI noted that the children required redirection for their own safety. SI observed the children were standing on furniture and attempting to pull things off shelves located above their heads. [ 49 ] On September 25, 2017 O’s foster parents reported that O still has disrupted sleep after access visits.

The foster parents indicated they had been packing dinner for the children but it was wasted as the children only wanted to eat junk food while at access visits. [ 50 ] In November 2017 O’s foster parents indicated that O continued to be very upset at the end of her access visits with Ms. M. [ 51 ] On February 7, 2018 O’s foster parent noted that Mr. M had been sending messages to the foster parents through O.

O returned from one visit indicating that her father was not happy that her mother received more pictures than he had received from the foster parent. [ 52 ] In March 2018 O’s foster mother noted that O was very attached to her mother, very rigid in her thinking and very upset when her father cancels access. On April 16, 2018 O’s foster mother advised that O had indicated Ms. M stated O would be home with her soon and would have overnights soon.

[ 53 ] On May 3, 2018 O’s foster mother reported that Ms. M sends the children back to the foster home with sippy cups full of pop and milk and feeds the kids cheese whiz out of a jar as a meal. [ 54 ] On May 3, 2018 the foster parent noted that both O and C had come home from access recently and stated that their mother had told them there was a “bad guy at mommy’s apartment last week”. [ 55 ] On May 26, 2018 concerns were expressed by a case aide, WJ, who had been assisting with transportation to and supervision of Ms. M’s parenting time with the children. The case aide, WJ, advised Ms.

M’s long-term social worker at that time, KL, that Ms. M had met a man online. WJ reported that Ms. M had advised her that the man was from the United States and his name was TJ. WJ advised that Ms. M calls TJ her fiancé. [ 56 ] WJ indicated that Ms. M had stated that TJ planned to move in with Ms. M in the summer. Ms. M had advised her that TJ had a five-year old child who was murdered by TJ’s wife and that TJ was a police officer. WJ indicated that Ms.

M sends TJ pictures of C, O and R and says they are his kids now and she tells C, O, and R they have a new father named T(J). [ 57 ] On May 28, 2018 KB contacted O’s foster mother to inquire about concerns related to the children’s access with Ms. M. O’s foster mother advised that O and C had been returning from access visits stating they had a “new daddy” named T, and he was moving in with them that summer after the children returned to live with mommy. [ 58 ] The foster mother indicated that Ms. M was sending the foster parent emails and using TJ’s last name as her own. The foster mother noted that Ms.

M started signing her name as Ms. J in January 2018, and Ms. M had advised the foster mother that she had a new fiancé named TJ. O and C told the foster mother that their mother had told them to start calling TJ “daddy T”. The foster mother noted that she does not encourage O and C to refer to TJ as “daddy T”. [ 59 ] The foster mother also reported Ms. M had stated that Mr. M drinks alcohol and uses drugs. Ms. M also told the foster mother that her fiancé TJ keeps her happy and she had sent him pictures of O and C. Ms. M spoke to the foster mother about purchasing herself mothers’ day gifts.

The foster mother noted that since the fall of 2017 Ms. M had asked the foster parents to send toothbrushes and food with the children for their access visits with Ms. M. The foster mother also reported that Ms. M told her someone broke into her home. [ 60 ] On May 30, 2018 KB met with O and C. The children advised KB that their family was comprised of their mother Ms. M, their father TJ, and their brother R. KB asked who Mr. M was and the children advised that he is “old daddy, and T is new daddy”. O indicated that her mom told her to call T(

J) daddy, and that she talks to T(

J) during her access visits with Ms. M. O stated “T has no beard like daddy C (foster parent), but hairs on him lips”. O and C both told KB they have seen pictures of T(

J) and Ms. M is moving in with T(

J) in the summer. O indicated T(

J) was a stranger but was her dad. [ 61 ] On June 5, 2018 O’s foster mother reported that Ms. M had emailed her regarding not having received photographs of O and C. Ms. M had stated that she and TJ had ended their relationship. The foster mom noted that Ms. M blamed Mr. M for giving the children pop although Mr. M was not at the access visit that past Sunday. [ 62 ] On June 6, 2018. The foster mother explained that Ms. M had sent her emails indicating she was heartbroken that she had to end her relationship with TJ due to her worker. [ 63 ] In July 2018 the foster mother noted that Ms.

M had been signing her emails as Ms. J again. [ 64 ] On August 24, 2018 O’s foster mother advised that over the weekend O had stated to her foster father that she had “three dads”, “daddy C (foster dad), daddy B (Mr. M), and daddy T (Ms. M’s fiancé TJ). She also reported they had purchased O’s school supplies and O was “a bit upset” as she had understood she would be returning to live with Ms. M before school started. O’s behaviour in the foster home (developmental delays and behavioural challenges noted)

[ 65 ] In May 2017 Millbrook Healing Centre staff observed O may benefit from speech therapy. The issue was raised with Ms. M who stated that she would not consider the service because O does not like strangers. Ms. M later advised she did not think speech language therapy was necessary as O was “just shy”. Ms. M also acknowledged O was still in diapers and she needed a “potty” for O as O does not like the “big toilet”. [ 66 ] The Agency noted O required specialized care to address her speech delay. On July 17, 2017 O’s foster parent indicated that O was working on her speech and it was increasing.

The foster parent also noted that O was a picky eater. [ 67 ] O’s foster mother noted that O would use sign language when she felt she did not communicate effectively. The foster parent observed that O sometimes just looked at a person and was non-responsive. [ 68 ] On August 4, 2017 O’s foster mother reported that O was not potty trained (almost four years old). O had urinated in the potty several times but had not made a bowel movement in the potty. The foster parent reported that O used to scream when she was being bathed but at that point was only screaming when her hair was washed.

The foster parent observed that O did not appear to like to play with other children. [ 69 ] In September 2017 O’s foster parents advised that O was more verbal but O was not speaking clearly. O was placed on a waiting list with Nova Scotia Hearing and Speech. The foster parents indicated that O was becoming more interactive with the people in the foster home. [ 70 ] On July 25, 2018 O’s foster mother described O as a “bit of a hoarder” with food and toys. The foster parent indicated that both O and C sign for one hour per day and O takes longer to learn and will sometimes go on “signing strikes” if she is upset.

The foster mother indicated that she uses incentives to encourage O to sign. The foster mother observed that O had hit C and that O “shuts down” if reprimanded for her behaviour. O’s introduction to school [ 71 ] On July 21, 2017 O’s foster parent reported that O was attending preschool on Tuesdays and Thursdays to help with the development of her speech and language skills and socialization.

The child in care worker noted that a referral was made to Nova Scotia Hearing and Speech but O may require a private speech therapist. [ 72 ] O’s foster mother reported that O loves day care, was starting to play with other children at her day care and had a friend there.

The foster mother remarked that O does not usually engage in imaginative play but she was improving. [ 73 ] In April 2018 O’s foster mother noted that O was making new friends. [ 74 ] The foster mother noted that when O arrived at the foster home she was exhibiting “toddler like behaviours”, O’s speech and socialization was delayed, and she was not meeting her developmental milestones.

The foster parent noted that O was catching up and was almost on par developmentally. [ 75 ] On June 6, 2018 O’s foster mother noted that O’s daycare had sent a note home to the foster home asking “who is T”? as O had stated at daycare that she was getting “a new daddy”. [ 76 ] The foster parent advised that O had participated in a preschool assessment in October 2017 and at that time she was delayed in her development and still wearing diapers. The foster parent noted that she had received O’s final report card and O had progressed significantly.

The foster mother noted that O had attended orientation for grade primary, did very well and was excited to start public school. The foster mother reported that O would be graduating from her day care and the foster mother hoped Ms. M could attend the graduation.

O’s emotional health, and physical health [ 77 ] On July 21, 2017 O’s foster parent reported that O would have days when she would not speak, she presented as depressed, and she would remain in the same spot all day. [ 78 ] In August 2017 SI observed that while she was in the foster home O did not engage with anyone and refused to play with her sister when C approached her. SI noted that O waved goodbye. [ 79 ] On September 18, 2017 O’s foster parent advised that O had started to talk more and had shared stories about a day when Mr. M hurt R. O has also stated “Daddy is no my mommy best friend”.

O disclosed that Mr. M picked R up and threw him on the couch. O has stated “mommy cry, he no our best friend”. O has further stated that “mommy cries and R cries”. [ 80 ] On November 1, 2017 the foster mother reported that O was “tongue tied” and may have to have surgery. O was referred to Dr. R at the Dalhousie University Medical Centre. On November 8, 2017 Ms. M was advised that O’s speech delay may be the result of being “tongue tied” and a medical procedure may address the issue. Ms. M indicated she was fine with O seeing a specialist and undergoing a medical procedure. On January 9, 2018 Mr.

M was advised that O may need surgery as she is tongue-tied. Mr. M stated that they knew O was “tongue tied”. When asked why nothing was done about it Mr. M indicated he believed Ms. M was taking care of it. Mr. M gave permission for surgery if it was required. [ 81 ] On March 28, 2018 O received eye glasses. [ 82 ] In late March 2018 O’s foster parent advised that OK had recommended O participate in play therapy.

The child in care worker EB noted that O’s speech was difficult to understand but that O asks a lot of questions. [ 83 ] On April 1, 2018 O’s foster mother advised that O required scaling on her teeth due to old buildup. [ 84 ] On April 4, 2018 EB contacted Dr. R regarding O’s referral to Dr. R, unfortunately Dr. R’s office did not have a record of having received the referral. O’s foster mother made an appointment with her family doctor to request a new referral for O to Dr. R. [ 85 ] On July 25, 2018 O’s foster mother advised that O would be seen at the IWK Oral Fascial Clinic in the Fall.

O’s foster mother advised that she had been told O should have had her tongue clipped before she was six months of age, ideally in the first week of life, and that the risk of bleeding is significant if the procedure is not completed in an operating room. [ 86 ] In July 2018 O’s foster parent noted that O had been experiencing nosebleeds and both Ms. M and Mr. M confirmed O’s brother, R had experienced nosebleeds at a similar age. [ 87 ] A referral was made for O to attend therapy. C, born October 24, 2015, age 3 years.

C’s experience with access [ 88 ] On July 10, 2017 KG case worker advised that C had settled into her placement with her sister O and was also attending fully supported access on Wednesdays and Fridays 10am – 4pm.

[ 89 ] In August 2017 C’s foster mother reported C would not sleep through the night after access visits. [ 90 ] In September 2017 C’s foster mother reported C was still experiencing sleep disturbances after access visits and required a lot of soothing. She reported that C had been having nightmares off and on. [ 91 ] On November 1, 2017 C’s foster mother reported that Mr. M was telling the children not to listen and not to love the foster parents. [ 92 ] On March 29, 2018 C’s foster mother expressed concern that TJ may have moved in with Ms. M and inquired about whether he would be attending Ms.

M’s access visits with the children. C’s foster mother advised that Ms. M had told the children that overnights would begin soon. [ 93 ] On May 3, 2018 C’s foster parent noted that C experienced sleep disturbances after Ms. M shared information with the children about a “bad guy at mommy’s apartment last week”.

Experience in the foster home [ 94 ] On July 17, 2017 C’s foster mother reported that C was using approximately 40 words and was a good eater. [ 95 ] On September 25, 2017 C’s foster mother reported that her speech was very clear, she was dressing and undressing herself, she was taking her own diaper off and sitting on the potty. [ 96 ] On January 31, 2018 C’s foster mother reported that C was wearing underwear all day, other than at access visits, during naps and overnight. [ 97 ] In March 2018 C’s foster mother reported C was no longer wearing diapers during the day, only at night, that she uses sign language, and C’s speech was developing very well.

Introduction to day care [ 98 ] On March 29, 2018 C’s foster mother reported that C was attending day care twice per week. Physical and mental health [ 99 ] In August 2017 C’s foster mother reported that C was meeting her developmental milestones. [ 100 ] On August 9, 2017 Ms. M advised that C had missed her 18-month immunization shot. [ 101 ] On April 6, 2018 C’s foster mother reported that C would need eye glasses as she had a severe astigmatism.

C may have to be referred to the IWK eye clinic for care with a specialist. [ 102 ] In April 2018 C’s foster mother also advised that nutrition should be prioritized during the children’s access visits as the children had been ill after visits. The foster parent noted that the children arrived home with a 400ml soda pop each in water bottles and O had reported they had pop, chips, cheezies and a piece of bread for lunch during their last access visit. Review hearing considerations [ 103 ] As Justice Jollimore stated at paragraph 9 and 10 in Nova Scotia ( Community Services ) v. R.H ., 2018 NSSC 104 , in a review

hearing, before I make my order, I must consider three things: • if the circumstances have changed since the last disposition order; • if the plan I applied in the previous disposition order is being carried out; and • the least intrusive alternative available to meet the children’s best interests. And further, “because we are at the end of the statutory time limits, I can’t consider whether circumstances are likely to change”. [104] Since the last disposition order was granted by the Honourable J.

Jesudason on August 7, 2018, the children have remained inculturally appropriate foster homes. [105] The children’s access visits with their mother and father continue to require supervision by the Minister’s staff. [106] As in the case of R.H., I must consider the issues identified in the plan in place at last disposition. I must determine whether thefactual basis for the Minister’s claim still exists. The Minister’s claim [107] The Minister claims there is a substantial risk of harm if the children are returned to Ms. M’s care.

Is there sufficient evidence toprove that on the balance of probabilities there is a real chance of physical harm, or emotional harm, or impairment of a child’s mental,or emotional, or overall development due to the parent’s inability or unwillingness to obtain services for the children, or concern aboutthe children being harmed due to neglect by the parent? [108] Specifically, the Minister grounded her claim for permanent care under Section 22(2) of the Children and Family Services Act asfollows: (b) [substantial risk of physical harm inflicted by a parent or caused by the failure of a parent to supervise and protect], (g) [substantial risk of emotional harm and the parent does not provide, refuses or is unavailable or unable to consent to, or to cooperatewith the provision of, services or treatment to alleviate the abuse], (h) [the child suffers from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child’sdevelopment and the parent does not provide, refuses, or is unavailable or unable to consent to, or fails to co-operate with the provisionof, services or treatment to remedy or alleviate the condition], and (k) [there is a substantial risk that the child will experience neglect by a parent, and the parent does not provide, refuses or is unavailableor unable to consent to, or fails to co-operate with the provision of, services or treatment to remedy or alleviate the harm]. [109] Jollimore J, stated at paragraph 22 in Nova Scotia (Community Services) v.

R.H., 2018 NSSC 104: [22] “Substantial risk” is a real chance of danger that’s apparent on the evidence: Children and Family Services Act, R.S.N.S. 1990,c. 5, subsection 22(1). It is the real chance of physical or emotional harm that must be proved to the civil standard. The Ministeris not required to prove that future physical or emotional harm will actually occur: MJB v. Family and Children Services of KingsCounty, 2008 NSCA 64 at paragraph 77, adopting B.S. v.

British Columbia (Director of Child, Family and CommunityServices), (BC CA), at paragraphs 26 to 30. [110] The Minister identified the factual bases for her claim as Ms. M’s unresolved mental or emotional health issues, and herparenting deficits and asks this court to find there is a real chance of physical harm, emotional harm, harm due to a child’s mental,emotional or developmental condition, or harm to a child due to neglect if the children are returned to Ms. M’s care. [111] If the Minister does not establish that there is a real chance of harm, then the children must be returned to Ms.

M. [112] At paragraph 26 in Nova Scotia (Community Services) v. R.H., 2018 NSSC 104 Justice Jollimore reminds me: [26] If the Minister does show there is a real chance of harm, the question is one of the children’s best interests, as between permanentcare (adoption) and a return to Ms. H. A return to Ms. H is the less intrusive option, but I must decide which option is less intrusive andin the children’s best interests. No other options have been put forth by Ms. M or Mr. M. No family or community placements were proposed.

Past history (family file business records have been admitted as evidence in the proceeding by consent of the parties). Ms. M testified at the final hearing and some references are to information she provided while testifying [ 113 ] Ms. M disclosed that her mother and father had a “bad relationship”. Ms. M’s mother left her when she was two years old and Ms. M was raised by her father. Ms. M’s father used to “drink and yell at her”, and he passed away in 2010. Ms. M has indicated she does not have a supportive relationship with her mother. Ms.

M had 4 brothers and 4 sisters and two of her sisters have passed on. [ 114 ] Ms. M’s two eldest children, a daughter S, born in 2003 and a son N, born in 2008 were both removed from Ms. M’s care and placed “with family”. Ms. M indicated that her mother contacted child welfare services to report concerns about Ms. M’s parenting while Ms. M resided in British Columbia. Ms. M has stated that S and N were placed with their respective fathers, S with SS and N with RT. However, Mr. M indicated Ms. M’s two older children, S and N were placed with her father’s sister in British Columbia.

S and N are not subjects in this proceeding. [ 115 ] The Kinosao Sipi Minisowin Child Welfare Agency in Winnipeg, Manitoba was contacted for background information regarding Ms. M’s past child welfare involvement in British Columbia with S and N, and in relation to Ms. M’s and Mr. M’s child welfare involvement in Winnipeg Manitoba with R. Ms. M has reported that she has lived in Victoria, British Columbia, Calgary, Alberta and Winnipeg, Manitoba. [ 116 ] Child welfare authorities from Winnipeg, Manitoba advised local child welfare authorities in Nova Scotia that Ms. M’s son N was removed from her care due to Ms.

M’s heroin use. Other business records maintained by the Minister of Community Services suggest drug abuse and neglect may have been considerations for the removal of both S and N. [ 117 ] Ms. M testified at the hearing in October 2018 and stated that her son’s, N’s, father, RT was incarcerated as he had been extremely abusive toward Ms. M. Ms. M stated that RT forced her to use heroin and he “almost killed her”, that she “almost died”. Ms. M explained that RT tried to choke her. Ms. M stated that RT refused to allow her to leave but she escaped and has not used heroin since that time. Ms.

M has confirmed she was using heroin and was experiencing suicidal ideation around the time N was removed from her care. [ 118 ] Ms. M did not provide very much information about her daughter S’s father, SS. Ms. M initially stated that SS would not speak to her about S. However, Ms. M also indicated that S’s father had spoken to her about S moving to Nova Scotia to live with Ms. M, as S was reportedly living in a shelter and was in crisis. Ms. M subsequently advised the Court that S did not wish to live with Ms.

S and would not be moving to Nova Scotia. [ 119 ] A representative from the Kinosao Sipi Minisowin Child Welfare Agency in Winnipeg, Manitoba indicated that R, who is a subject in this proceeding, was taken from the care of Ms. M and Mr. M, the respondents in this proceeding, due to concerns their Agency had regarding domestic violence between the respondents. The representative from the Winnipeg, Manitoba child welfare Agency advised that R was later returned to Ms. M’s care and the file remained open but the family relocated from Winnipeg, Manitoba without advising the agency in Manitoba.

The Agency in Winnipeg, Manitoba indicated they were unaware Ms. M was pregnant with O in 2013. It appears from O’s and C’s birth certificates that they were both born in Shelburne County, Nova Scotia. Physical and mental health concerns Mr. M [ 120 ] Mr. M participated in a Psychological Assessment on December 19, 2017, December 20, 2017, and January 18, 2018, which was completed by Melissa Gendron, MSc. Psychologist, Candidate Register. Ms. M waived cross examination of Ms. Gendron. Melissa Gendron completed various tests based on information received from Mr.

M, and based on a review of the Agency files in Nova Scotia. [ 121 ] The following is an excerpt of information Ms. Gendron highlighted for Agency case planning purposes: Members of Mr. M’s biological family have a history of depression, bi-polar, speech problems, and possible learning difficulties. Mr. M stated that he was generally not in contact with his biological family, including his siblings; Mr. M had difficulty learning in school; Mr. M was diagnosed with attention-deficit/hyperactivity disorder in childhood (before age 12). However, when assessed by Ms. Gendron, Mr.

M did not endorse enough symptoms to meet the diagnosis; As a teenager, Mr. M was diagnosed with manic-depression after his parents passed on; Mr. M was diagnosed with Hepatitis C in 2006; Mr. M suffered a concussion in August 2017 after he fell down stairs; Mr. M reported experiencing anxiety; Mr. M indicated he was experiencing hearing loss in his right ear which was worsening; Mr. M indicated he was on medical disability insurance;

Mr. M indicated he could rely on his new romantic partner and on Ms. M for support; Mr. M advised he was seeing a counselor through Metro Turning Point, and was engaging in counseling once per week. [ 122 ] Ms. Gendron determined in part that “overall the inattention and hyperactivity endorsed by Mr. M may instead be secondary to anxiousness, depression, trauma, substance use, and / or his learning disability. Or they may present veritable clinical symptoms.” Mr. Gendron went on to state in part: Mr.

M was assessed as meeting the diagnostic criteria for a Learning Disability (dyslexic profile), and was found to struggle with tasks requiring concentration. It was also noted that Mr. M “likely meets” the criteria for Post-Traumatic Stress Disorder, Social Anxiety Disorder, Persistent Depressive Disorder and was likely experiencing a period of Major Depressive Disorder. [ 123 ] Ms. Gendron opined that “given his past and current mental health difficulties, it will be important that Mr. M’s mental health is treated and carefully monitored.

Independently managing his own affairs as well as the children’s may be difficult for Mr. M if his mental health symptoms are not effectively managed.” [ 124 ] Ms.

Gendron explained that significant mental health difficulties can impede parenting in many ways and indicated some risk factors to consider, including but not necessarily limited to the following: - the chronicity and severity of mental health problems; - the availability and adequacy of treatment interventions; - the parents’ willingness to participate in therapy and/or medication regimes; - prognosis for the parent’s mental health problems; - the long-term impact on children. [ 125 ] Ms.

Gendron stated: Regarding anxiety, children of highly anxious parents may attune to their parents’ anxiety and develop their own symptoms. In depression, given low energy levels and depressed affect, responding attentively and consistently to young children can be difficult. Such parents may make tremendous emotional demands on children, and parents may be unable to place limits on their children’s behaviour. Parents may also model negative self-talk and personal attributions of helplessness. Parents may be unmotivated and withdrawn, or so agitated that they provide chaotic and unpredictable homes.

Children who have parents with untreated mental health difficulties, may become overwhelmed in their parent’s struggles, detracting from their ability to invest in more age-appropriate activities. Given their young age, limited resources, and ongoing need for sensitive parenting, children may not cope effectively.

Evidence also suggests that children of parents with untreated mental health difficulties may have challenges developing emotional regulation. … For an individual to meaningfully change their behaviour for the better, they must first recognize the problems at hand, with their emphasis on their role in creating the problems. However, based on his reports of Agency concerns regarding Ms. M, there is concern that Mr. M may not yet recognize the extent to which Ms. M’s difficulties and past behaviours negatively impacted her parenting. … [ 126 ] On December 27, 2017 Ms.

M advised the agency case aide that on Christmas Eve Mr. M “cut himself” several times. Ms. M indicated that Mr. M cut himself twice on one side of his neck, 3 times on the other side and he also cut himself down his sternum and across his forearm. Ms. M indicated that Mr. M sent her pictures and stated that if they could not be together he did not want to live. [ 127 ] The case aide indicated she observed cuts were visible in the photographs sent from Mr. M to Ms. M. The message sent to Ms. M

from Mr. M stated “I am buzzed and just want to die”. “I don’t want to be alive I miss my kids so much”. I try to cute (sic) my throat again but it hurt so I stopped but I am all cute (sic) up mu (sic) chest my throat and my arm.” [ 128 ] Ms. M had responded to Mr. M with “sigh bruce tsk tsk.” And he replied “yup I want to die”. [ 129 ] The agency social worker spoke with Mr. M about his mental health and suggested he see his doctor. Mental health concerns Ms. M [ 130 ] In November 2016 Ms.

M requested mental health follow up, explaining she had suffered from clinical depression and had taken medication in the past and was not on any medication at that time. Ms. M indicated she had no family locally and no support system. Ms. M was taken to the QEII hospital by police for an assessment after she indicated she wanted to take her own life. [ 131 ] Staff from the QEII determined Ms. M did not require mental health support at that time as they assessed Ms. M’s presentation as situational. Mr. M stated that Ms.

M had “fallen into a depression” due to the death of her father the previous year and the recent death of her best friend who “committed suicide” the previous week. Oddly, Ms. M had advised the agency her father passed away in 2010 and not “the previous year”. [ 132 ] Ms. M confirmed she would not take medication due to the fact her friend took her own life by taking too much medication. Ms. M was referred to Dartmouth Community Mental Health Services. [ 133 ] In November 2016 Dr. G, Ms. M’s family doctor, was consulted by child welfare services. Dr. G indicated that Ms.

M had met with her and discussed issues related to her finances, having no help at home, and feeling depressed. Dr. G indicated that she spoke with Ms. M about medication but Ms. M did not wish to take medication. Dr. G indicated she had not met with Ms. M in a couple of months. [ 134 ] On June 2, 2017 initial contact was made by Mi’Kmaw Family and Children’s Services of Nova Scotia, with assessors in an effort to retain them to complete psychosocial assessments and parental capacity assessments. [ 135 ] On September 26, 2017 Melissa Gendron, MSc.

Psychologist, Candidate Register advised that her office was not equipped to conduct a cognitive assessment on Ms. M as they did not have experience working with clients with hearing impairment. [ 136 ] On October 4, 2017 Ms. Gendron advised that neither she nor the NS Association of Psychology were able to locate a Psychologist who was experienced in working with clients with hearing loss. [ 137 ] On December 13, 2017 the Halifax District Office – Child Welfare identified that Olga Komissarova would be completing the Parental Capacity Assessment in relation to Ms.

M. [ 138 ] The children’s worker SI, the family’s long-term worker JL and the family support worker DJ met with Olga Komissarova. [ 139 ] A follow up meeting was scheduled on December 20, 2017 with Ms. Komissarova. Ms. M, the interpreter NT, Ms. M’s support person BM, and JL the long-term worker met with Ms. Komissarova. Ms. M was scheduled to begin the assessment on January 8, 2018 and a further appointment was scheduled February 26, 2018. [ 140 ] Olga Komissarova Registered Psychologist completed the Parental Capacity Assessment on Ms. M. Ms. Komissarova she relied

on information in the children’s child in care files (to December 13, 2017), home observations of the children R, C and O in Ms. M’s home, and a collateral telephone interview with SK, C and O’s foster mother, R’s foster mother and R’s teacher, to form the basis of her report. Ms. Komissarova also met with Ms. M on several occasions. [ 141 ] Some of the concerns Ms. Komissarova observed were: - O did not listen to what her mother was communicating to her and when Ms. M attempted to put O in time out on the sofa O screamed “no” and stamped her feet. - Ms.

M indicated that the children did not use sign language before, but R had learned some words as their support worker BM taught him. - Ms. Komissarova determined that the children displayed “disorganized behavior”. For example, O threw a ball at R, O and C hid under the carpet. [ 142 ] Other observations included: - Ms. M reported trying to spend one on one time with the children as she observed they were more patient when they were engaged with her. - The children appeared to be very attached to their mother and C wanted to be held all the time. - Ms.

M used discipline techniques to calm the children down and redirect them. [ 143 ] Ms. Komissarova spoke with O and C’s foster mother on March 14, 2018. The foster mother reported: - O was withdrawn, cried a lot and spent time sitting next to C when she came into care; - O became quite upset when access visits were not occurring for a period of weeks; - O made progress with cooperative play; - O would make up fantasy type stories about her time with her mother; - O cried for three days when Mr. M failed to attend her birthday access visit with the cake as arranged in advance; - O cries when she recalls how Mr.

M hurt R; - O needs to have her frenula clipped as this will be helpful to her and provide her with self-confidence when communicating. - C cried for eight days and did not want to be held or bathed when first placed in foster care; - C began to make some progress, she started to open-up, she increased her vocabulary and started to act “normally”, until O was placed in the home. C then started saying “me do”; - C is a typical child.

There is little evidence of trauma; - C is very attached, if O cries, C may cry as well; - C had night terrors for approximately four weeks; - C stopped napping and would cry for lengthy periods; - C would sleep twelve hours;

- C and O sleep better if they share a room. [ 144 ] Ms. Komissarova spoke with R’s foster mother and his homeroom teacher - R was described as doing well in school and in the foster home; - R reportedly does well academically but exhibits symptoms of impulsivity and inattention. [ 145 ] After completing her interviews, observations and reviewing the children’s files Ms. Komissarova recommended C and O be returned to Ms. M’s care. Ms. Komissarova noted Ms. M should continue to receive “support to facilitate C and O’s healthy physical and social-emotional development”. [ 146 ] Ms.

Komissarova recommended R’s reunification with his mother be gradual. She recommended first increasing his one on one time with his mother and then increasing his overall time with his mother and sisters. [ 147 ] Ms. Komissarova recommended Ms. M complete 12 sessions of Dialectical Behaviour Therapy learning DBT skills, including relaxation and mindfulness, emotional regulation, interpersonal effectiveness and distress tolerance. [ 148 ] In the spring of 2018 Ms. M advised her new long-term worker she did not wish to continue attending therapy with RS. On May 14, 2018 Ms. M’s counselor RS, contacted Ms.

M’s social worker indicating she was not aware the counselling sessions would be coming to an end. [ 149 ] Ms. M’s social worker indicated that Ms. M had stated she did not wish to continue counseling. Ms. M’s counselor stated that Ms. M had engaged in counseling and RS believed they had covered everything. The worker noted that Ms. M had indicated she had talked about everything she needed to talk about in counseling and she did not like it when her counselor continued to recommend she attend parenting courses. However, Ms.

M had indicated she wanted to participate in parenting sessions at the Mi’kmaw Friendship Centre. [ 150 ] On September 20, 2018 Ms. M did not answer her door when child welfare workers and support persons arrived for a scheduled meeting and those in attendance became concerned about Ms. M’s mental wellbeing. BM, Ms. M’s support person from the Society of Deaf and Hard of Hearing (SDHH) disclosed that in July “2017”, after Ms. M and Mr. M separated, Ms. M tried to hurt herself. This information is at odds with most reports on file which suggest Ms. M and Mr.

M ended their relationship in the summer of 2016, reunited around December 2016 but separated a final time in early 2017 when Ms. M and the children moved to a women’s shelter in January 2017. [ 151 ] The evidence from BM suggests it is more likely than not that Ms. M and Mr. M reunited after Ms. M moved into her own housing in the early summer of 2017 and they separated again in the late mid to late summer of 2017 and may have finally decided to end discussions about reconciliation nearer the end of 2017. The evidence suggests Ms. M started a “romantic online relationship” with TJ in or around September 2017.

Ms. M’s history of conflict, emotional abuse, and unstable intimate relationships [ 152 ] As noted above, Ms. M had difficulties in her relationships with the fathers’ of both her older children S and N. In addition, before Ms. M, Mr. M and R, moved to Nova Scotia in November 2013, their son R was taken from their care by a child protection agency in Winnipeg, Manitoba. One of the issues of concern was reported to be domestic violence in Ms. M’s relationship with Mr. M. [ 153 ] When Ms. M and Mr.

M were initially interviewed by the local child welfare agency in early 2014 they claimed R had been taken into care by the Agency in Winnipeg Manitoba due to Ms. M’s previous history regarding her two older children S and N. There is no evidence before the court to indicate the parties disclosed to the local agency in Nova Scotia the concerns the Agency in Manitoba had regarding their history of domestic violence while R was residing with them in Manitoba. Ms. M and Mr. M advised the local agency in Nova Scotia that their file in Winnipeg, Manitoba was closed before they relocated to Nova Scotia.

This information is at odds with the information provided by the Agency in Winnipeg, Manitoba and I find their file was open when they left Manitoba.

[ 154 ] On November 9, 2016 concerns were raised about a domestic dispute between Ms. M. and Mr. M. At that time the parties were reportedly not residing together, as they had separated in the summer of 2016. Dr. G, Ms. M’s family physician was contacted for information about Ms. M and advised she had no concerns with respect to Ms. M’s ability to protect her children. [ 155 ] The dispute between Mr. M and Ms. M was reportedly in relation to Ms. M not properly maintaining her home for the children. The concern was substantiated by the Agency and Ms. M was directed to clean her home.

Arrangements were made for the children to stay with Mr. M at his home until Ms. M addressed the outstanding concerns. Initially C and O returned to live with Ms. M and R remained with Mr. M. Ms. M and all three children eventually moved back in with Mr. M in or around late November or in December 2016. [ 156 ] On December 19, 2016 Dr. G contacted the Agency to advise that on December 15, 2016 Ms. M had disclosed to her that Mr. M uses “crack” in the presence of the children and that he is emotionally and verbally abusive towards her. Dr. G indicated that she provided Ms.

M with information regarding a local women’s shelter, Bryony House. The Agency attended the parties’ home to investigate the matter of Mr. M’s drug use. Mr. M denied the use of any hard drugs. [ 157 ] On January 10, 2017 referral information was received from a staff person at Bryony House. The referral source indicated that a friend of Ms. M’s had contacted Bryony House and had alleged Ms. M remained in an abusive relationship and Mr. M was using “crack”. The referral source expressed concern that Ms.

M was deaf, may be cognitively delayed and may not be able to get to a women’s shelter on her own. [ 158 ] Child protection workers visited Mr. M’s home. Ms. M confirmed Mr. M was “using drugs”. Mr. M once again denied using “hard drugs”. Workers asked Mr. M to leave his home for the evening so that arrangements could be made to find a place for Ms. M and the children to go. The family obtained a placement at Third Place Women’s Shelter in Truro Nova Scotia. [ 159 ] Ms. M stated she had caught Mr. M smoking crack a month previously, that he spends money on drugs, that she and Mr.

M had been “fighting”, and at times he would not let her leave the home. Ms. M. disclosed that Mr. M controls the money and tells her what to do. She also noted she had concerns with the way Mr. M punishes the children. [ 160 ] Ms. M described Mr. M as “rough” around R. Ms. M indicated that R had told her that Mr. M pushes him, slaps him and spanks him. Ms. M also noted that R has stated that Mr. M “drinks and drinks until he sleeps”. Ms. M acknowledged the situation was not safe for her and the children and stated she would like to move to Calgary, Alberta with the children. Ms. M also indicated that Mr.

M was having an affair with another woman. [ 161 ] I have considered the hearsay evidence of R as relayed by Ms. M in January 2017 and I find that in the context of the parties’ conflict, Mr. M’s alleged infidelity and the parties’ separation, that I can place little to no weight on the comments Ms. M attributes to R in that instance. I do not find the reports to be trustworthy under the circumstances or to provide sufficient detail to allow me to consider what if any risk there may be to R based on R’s statements. In addition, it is not necessary for me to consider what R said to Ms.

M as he has made disclosures to others about Mr. M’s behaviour and I will be considering R’s statements in those instances. [ 162 ] On January 16, 2017 Ms. M indicated she had known Mr. M for seven years and he always went back to using drugs. She stated that she did not trust him. [ 163 ] On January 19, 2017 Ms. M was reminded she needed to contact the housing authority and that she was on a waitlist for a women’s shelter, Bryony House in Halifax, Nova Scotia. Ms.

M was also provided with the public housing page for Nova Scotia public housing. [ 164 ] On January 26, 2017 Third Place Women’s shelter staff in Truro Nova Scotia indicated they were assisting Ms. M connect with Bryony House in Halifax, Nova Scotia and helping Ms. M while she considers other housing options in Halifax, Nova Scotia. They indicated they had assisted Ms. M in contacting legal aid services. [ 165 ] On January 31, 2017 test results were received by the Agency from Mr. M’s physician indicating the results were negative for

Mr. M’s use of controlled substances except for cannabinoids. [ 166 ] In May 2017, Ms. M advised a child protection social worker from Mi’Kmaw Family and Children’s Services of Nova Scotia about her background, including how her eldest children S and N were taken into care. Ms. M acknowledged she had been involved in an on and off again relationship with Mr. M for seven years. Ms. M indicated they had separated twice and most recently they had separated in June 2016, reunited in December 2016 and separated again in January 2017. Ms. M indicated that she loved Mr.

M and found it “heard to say no to him”, and she might want to reunite with Mr. M “if things were different”. Ms. M stated that she believed Mr. M had been “clean” since January 2017. [ 167 ] Ms. M stated that R told her he does not want to live with her and Mr. M due to the ongoing fighting. Ms. M indicated that Mr. M yells and swears in the presence of the children and Mr. M had “cheated” on her on three occasions in the past. Ms. M stated that Mr. M thought she cheated on him but she indicated she was “raped” by Mr. M’s uncle two years previously (Mr. M had previously reported that he and Ms.

M separated in the summer of 2016 after his uncle reportedly raped Ms. M). Ms. M indicated she was interested in meeting with a personal counselor as she had in the past but she would need a sign language interpreter to assist with the counseling process. [ 168 ] Ms. M advised that R had witnessed Mr. M “passed out” from drinking and R had stated that he “cried and cried trying to wake him (Mr.

M) up because he was hungry. However, R reported that Mr. M did not wake up. [ 169 ] Ms. M indicated that Mr. M would tell R that she did not love him. [ 170 ] Ms. M indicated that Mr. M wanted to move back in with her but Ms. M referenced a document that had been provided to her by the Halifax District Office indicating the Agency may act in a more intrusive way if she reconciled with Mr. M. Ms. M indicated she did want the children to see Mr. M and that it would not be necessary to have a worker present for any parenting time Mr. M had with the children. Ms. M again stated that she believed Mr.

M had been clean since January 2017. [ 171 ] Ms. M indicated there were no formal custody arrangements in place. Ms. M was encouraged to go to family court to address the issue of Mr. M’s parenting time with the children. [ 172 ] In May 2017 Mr. M said he would reunite with Ms. M if she “smartens up”, and by that he indicated he meant that if Ms. M stopped “lying”, and was not “on the internet 12 hours per day”. Mr. M indicated that Ms. M was sexually assaulted by his uncle and that Ms. M does not think he believes her. Mr. M believes Ms.

M is afraid to pursue charges. [ 173 ] The Mi’kmaw intake social worker met with Ms. M who indicated that Mr. M is “mean” and “cheats on me”, and she did not want to be around Mr. M. Ms. M indicated she wanted to move to Ontario. [ 174 ] On May 29, 2019 (sic 2017) Ms. M stated in an email to the intake social worker from Mi’kmaw Family and Children’s Services of Nova Scotia: I know about B (Mr.

M) he hurt me lots whole years and I was thinkin about retraining (sic) order on him cuz I don’t want around him that he hurt me lots and cheat on me and he force me drugs but start clean off and I don’t trust B (Mr.

M) he have been hurt me lots whole years I deserve that without him im feel hurt lots from him he keep yak yell at me and cheat on me too much im done so can you let me know if it ok I can go get retraining order on B (Mr. M) ?? (my emphasis) [ 175 ] On May 29, 2017 Mr. M indicated he would be seeking full custody of his children and that he would supervise Ms. M’s access with the children. He indicated he was not a “druggie or an alcoholic”. Mr. M indicated he was upset with Ms. M for losing the children. [ 176 ] After the children were taken into care Mr. M contacted Ms.

M and suggested the girls, C and O live with Ms. M, and R live with him. Ms. M stated that R disclosed he did not want to live with Mr. M. Ms. M indicated she would not agree with Mr. M’s proposed plan and she wanted to move with all three children to Ontario. Ms. M left a further email indicating she was very sad, that Mr. M

needed to stop “cheat on me so much” and that she “want away from him sure”. [ 177 ] On May 30, 2017 Ms. M sent the following email: …and im concerned about kids with B (Mr.

M) that he was at the door and R shock and he asking me mommy who that ? and I said ohh umm that ur daddy he come visit you guys mommy have to go and daddy visit here with you and kids were upset and cried for me and they said I want you mommy with terrible cried and said mommy don’t leave me take me with you mommy make me cried so kids are uncomfortable to see B (Mr.

M) make me feel bad for kids [ 178 ] On May 31, 2017 Mr. M expressed concern that R had asked him if he was drunk when he saw R at the mall. R had signed the word “beer” in sign language. Mr. M indicated he would seek full custody of his children until Ms. M “could get her stuff together”. [ 179 ] On May 31, 2017 Ms. M emailed the intake social worker with Mi’Kmaw Family and Children’s Services of Nova Scotia: “B (Mr.

M) blame me and insult me and keep yell at me that I have anxiety depression by that and I always want to get help but im being stuck and now I have 2 girls would help me and I was bored lots and internet keep me company that I need to talk to them by B (Mr.

M) hurt me to got me anxiety depression that why but im feel bad right now but I just want help by me friend online keep me company let you know Im not let me kids with him cuz he might take kids money for brooze and drugs I don’t trust him he did whole years since kids born and take kids money for brooze and drugs it got me worry for my kids and kids are important to me not his … not want R with drunk and drugs not safe for him being with him got me worry and it hard for me to get eat tho [ 180 ] Once again, I have considered the hearsay evidence of R as relayed by Ms.

M in May 2017 and I find that in the context of the parties’ conflict, Mr. M’s alleged series of infidelities and the parties ongoing separation and dispute over the children, that I can place little to no weight on the comments Ms. M attributes to R in the above noted instances. I do not find the reports to be sufficiently trustworthy and I do not find it is necessary for me to admit the evidence of R’s comments as relayed by Ms. M in order to determine risk to C, O or R. [ 181 ] On July 11, 2017 Ms. M advised her family skills worker AK, that she was no longer interested in reuniting with Mr. M.

On July 28, 2017 Ms. M indicated that Mr. M continued to contact her and he wanted to reunite with her. Ms. M indicated she did not want her children to be with Mr. M because he had kicked and pushed R in the past. Further she stated that he smokes crack cocaine and abuses alcohol. Ms. M indicated she had been clean for 20 years. [ 182 ] In August 2017 Ms. M inquired about whether it would be ok to have Mr. M attend at her apartment to assist her with setting up some furniture. The Agency indicated that it was their position that Ms. M and Mr. M should not be together in the presence of the children. Ms.

M was advised that the Agency could not prevent her from having contact with Mr. M without the children present. The Agency worker explained that Ms. M would have to make the decision. Given the report from BM that Ms. M tried to hurt herself in July 2017 when Ms. M and Mr. M reportedly separated, it is more than likely the case that Ms. M and Mr. M had some type of ongoing relationship after Ms. M left the Millbrook Healing Centre to live in her own home at the beginning of June 2017, and into July 2017 or later. [ 183 ] In September 2017 Ms. M indicated that Mr.

M continued to text her indicating he had changed and was looking for a job. [ 184 ] On December 7, 2017 the social worker JL spoke with Ms. M about comments made by R, including comments about Mr. M yelling at Ms. M, and Mr. M throwing R on the couch. Ms. M indicated she felt R was afraid of Mr. M as R had been exposed to a lot of negative things that Mr. M had done. Ms. M once again noted that R would state that Mr. M told him she did not love him. Ms. M indicated Mr. M would state “the kids are fucking stupid”. Mr.

M later denied the allegations. [ 185 ] I have considered the hearsay evidence of R as relayed by Ms. M in December 2017 and once again I find that in the context of the parties’ conflict, Mr. M’s alleged series of infidelities and the parties ongoing separation and dispute over the children, that I can

place little to no weight on the comments Ms. M attributes to R in those instances. I do not find the reports to be trustworthy. In addition, I do not find it is necessary for me to consider the out of court statements made by R to Ms. M to determine the risk associated with Mr. M’s ongoing verbal abuse and possible physical abuse in the home, as Mr. M has admitted to being verbally abusive in the home and information regarding Mr. M’s relationship with R has been provided by others. [ 186 ] On December 7, 2017 the family support worker DJ met with Ms. M. Ms. M indicated that Mr.

M had given her $30 for milk and snacks for the children. The family support worker spoke with Ms. M about domestic violence, and specifically about “10 warning signs of abuse in an abusive relationship, 10 signs you are in an abusive relationship, and reasons why abused women stay in abusive relationships”. [ 187 ] While participating in a Psychological Assessment in December 2017 and in early January 2018 Mr. M advised Ms. Gendron that he and Ms. M often argued about household responsibilities. - Mr. M acknowledged being verbally abusive toward Ms. M but stated he was never physically abusive. - Mr.

M indicated he would “get upset with Ms. M, as she was always on the internet and not helping him with daily responsibilities”. - Mr. M indicated he became more verbally abusive toward the end of their relationship and their relationship ended after Ms. M was sexually abused by his uncle in the summer of 2016. [ 188 ] Mr. M explained that when police responded to a domestic dispute in November 2016, he had been yelling at Ms. M to clean her house. Ms. M and Mr. M had been living separately at that time. [ 189 ] On March 2, 2018 Ms.

M forwarded text messages to the assigned family support worker, DJ, including the following: Hi there, im not happy with her and cant do that push me so hard that enough right now seem jesse and olga And other person think obessing on me being with B (Mr.

M) as I don’t want B (Mr.

M) and he bug me and talk to me and he saw me as I don’t see him and ENOUGH ALL OF YOU THINK ABOUT ME AND B (Mr.

M) AS I DONT WANT ANY B (Mr.

M) NO MORE AS HE IS NO LONGER!! It makes me upset with them s push me so hard I want B (Mr.

M) umm no I don’t want B (Mr.

M) that enough make me upset!!! Im finished text my lawyer already im not impressed with olga as she is no longer to me as wrong about me and B (Mr.

M) and obessing me “I want B (Mr.

M) back” but no I don’t want B (Mr.

M) no more no longer THAT ENOUGH OF THAT! END OF IT! I was cried and confused and hurt inside at home ! Feel like push so hard to pressure me and haul me down and they obressing me with him as they need to stop obsession me make me total upse!! He have girlfriend and he bug me and worker let us contact talk not my fault?worker fault talk start it not me why bring it up to me for that not fair for that as he saw me as I didn’t see him he always happy see me as im shock that all sigh im not impressed for this and not happy with them!! Olga said this to me when I talk to you or anyone else if you guys hear and shock “B (Mr. M)?” Seem obisverly want B (Mr.

M) and I don’t want B (Mr.

M) no more as she keep push so hard on me I want B (Mr.

M) and I want to with B (Mr.

M) and im not and not happy with her by yesterday ! Im finish text my lawyer already im not impressed and not happy about that ! I don’t want B (Mr.

M) as they stop obsession about me and B (Mr.

M) as he have new girlfriend and olga need enough said to me I want to be with B (Mr.

M) make me upset as I don’t want B (Mr.

M) no longer!! [ 190 ] On March 29, 2018 The foster mother advised the child in care worker that Mr. M’s involvement with the children had increased

as Ms. M’s relationship with her new partner, TJ appeared to have become more serious. The foster mother was under the impression that TJ had moved into Ms. M’s home and she wondered if he would be present during Ms. M’s supervised parenting time with the children. The foster mother noted that Ms. M had advised her that she believed overnight access visits would soon begin. [ 191 ] In April 23, 2018 Ms. M advised her long-term social worker that her home had recently been broken into, a door had been kicked in. Ms.

M indicated she was unsure who had broken in but she had notified her landlord and she stated that the locks had been changed. It is unclear why the locks would be changed if the door was kicked in by an unknown person? [ 192 ] On May 26, 2018 concerns were expressed by a case aide who had been assisting with transportation to and supervision of Ms. M’s parenting time with the children. The case aide, WJ advised KL, Ms. M’s long-term worker that Ms. M had met a man online. WJ reported that Ms. M had advised her that the man was from the United States and his name was TJ. WJ advised that Ms.

M referred to TJ as her fiancé. [ 193 ] WJ indicated that Ms. M had stated TJ planned to move in with Ms. M in the summer. Ms. M advised WJ that TJ had a five-year old child who was murdered by TJ’s wife and he was a police officer. WJ indicated that Ms. M sent TJ pictures of C, O and R and Ms. M stated they are his kids now and she tells C, O, and R they have a new father named T(J). [ 194 ] On June 4, 2018 Ms. M’s counselor, RS advised KL that Ms. M had spoken about TJ since the beginning of their counseling sessions (August or September 2017). RS stated that she had spoken with Ms.

M at length and repeatedly about safety related to online dating and how “People are not always who they seem to be”. [ 195 ] RS indicated that she believed Ms. M showed insight regarding online dating and indicated to RS that she had no intention of meeting TJ. RS advised she had been very clear with Ms. M in explaining the safety concerns and Ms. M advised her she would ensure the children were settled before she ever met TJ. RS observed that Ms. M spoke about TJ openly and based on their discussions Ms.

M and TJ “would break up and then go back out frequently”. [ 196 ] On June 4, 2018 the long-term worker, KL asked Ms. M about her involvement in a new relationship. Ms. M indicated “I am engaged and I am in a happy relationship”. KL asked why Ms. M had not advised her of the relationship and Ms. M indicated that “it was between her and her fiancé, TJ”. Ms. M indicated she had met TJ over the internet, but had never seen his face or video chatted. Ms. M indicated that TJ had told her his video camera was broken and he would surprise her when he “moves here”. KL advised Ms. M she was concerned Ms.

M had not mentioned TJ as part of her plan to care for the children, and concerned Ms. M would get engaged to TJ and allow him to move into her home without meeting him in person first. [ 197 ] Ms. M responded with “well Mr. M has a girlfriend”. Ms. M was advised that the plan to monitor and assess a transition of the children back into her home would be put on hold until the Agency had further information about TJ. Ms. M responded by stating “I am in a happy relationship and I am helping TJ.

TJ’s ex-wife murdered their child, so I feel bad for him and I am helping him”. [ 198 ] KL indicated that on Facebook there is a profile of TJ with her and the children in the profile picture. Ms. M stated “fine, I will break up with T, go ruin my happiness”. [ 199 ] On June 6, 2018 WJ, the access facilitator, confirmed she had been assisting with transportation for R and supervising some access visits for C, O and R since September 2017. WJ indicated she first heard about TJ in February 2018. WJ indicated Ms. M told her she planned on having TJ move in with her and the children. [ 200 ] WJ indicated that Ms.

M had stated that TJ had been scheduled to come to NS several weeks earlier but had broken his ribs and could not travel to Nova Scotia for several weeks. Ms. M stated that her children could be TJ’s step children. Ms. M indicated she was sad for TJ and sent him pictures of her children, C, O and R. [ 201 ] On June 6, 2018 KL contacted C and O’s foster mother. FM advised KL that since KL had met with Ms. M to discuss Ms. M’s involvement with TJ, that Ms. M’s emails to the foster mother were somewhat negative. The foster mother explained that Ms. M was trying to determine who told KL about TJ.

[ 202 ] The foster mother confirmed that Ms. M had started signing her emails with TJ’s last name. As noted previously, the foster mother indicated that in February 2018 O’s daycare had sent a message to the foster parent asking “Who is T?” The FM explained that O was talking to day care staff about T(

J) at daycare and stated “I am getting a new daddy”. (paragraph 75) [ 203 ] On June 7, 2018 WJ indicated that Ms. M had told the children she “broke up” with TJ and that R presented as sad. WJ noted that Ms. M told R that the worker had been “mean” to her, and R later asked WJ whether she had been “mean” to his mother. [ 204 ] On June 12, 2018 Ms. M advised KL that she had ended her relationship with TJ. KL asked Ms.

M if she understood the Agency’s concern about her talking to the children about TJ and planning to introduce him into the children’s lives without having met him and determined conclusively whether he was likely to be a positive addition to their lives. Ms. M indicated “why do you keep talking about T. I want to put it all behind me. I haven’t been able to eat or drink or sleep. I’m upset about it and want to move on”. [ 205 ] KL advised Ms. M that if TJ was part of her plan that Ms. M would have to advise the Agency. Ms. M indicated she was happier with TJ than with Mr. M. Ms. M indicated that Mr.

M had asked her if she wanted to reconcile with him and she had told him no. [ 206 ] KL advised Ms. M she would need to demonstrate she could use good judgment in relation to the children. [ 207 ] On June 21, 2018 WJ reported that while Ms. M carried R to WJ’s car, Ms. M told WJ she had reunited with TJ, and she video chats with TJ. WJ understood Ms. M to say that she and the children had video chatted with TJ during their visit that day. Ms. M stated the children had missed TJ. Ms. M told WJ she intended to tell BM before telling KL as she was afraid her social worker would be angry with her.

WJ indicated that she asked Ms. M if the children knew TJ and Ms. M stated “yes, from before”. KL indicated to WJ that it may be important to arrange for an interpreter to attend the children’s access visits. On June 25, 2018 Ms. M expressed that she did not want to have an interpreter attend her access visits with the children. KL confirmed an interpreter would attend the access visits. [ 208 ] On Ju

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