By the time a hearing was held in this case, the young child had been in the care of the local Children’s Aid Society — called Family and Children’s Services of the Waterloo Region — for about 19 months, Goodman said.
“In a child protection proceeding, it is appropriate to consider prejudice to the child in the same way that it is appropriate to address the prejudice to the other party that has resulted from the delay,” the judge said.
“The harm that can be presumed from prolonged temporary care is reflected in the time limit prescribed for orders of society wardship under the (Child and Family Services Act) of 12 months for a child less than six years of age. In this case, unfortunately, that time has been exceeded.”
The case involved a mother who appealed an order making her second child, born in 2012, a Crown ward. The child was “apprehended” at birth by Family and Children’s Services and remained in its care, Goodman said. The year before, concerns were raised about the mother’s ability to parent her first child. In 2013, that child was made a Crown ward.
By the time the appeal for the second child rolled around, the child had been in the agency’s care for 971 days, Goodman said.
His comments come on the heels of Justice James Sloan’s critical remarks on March 25 after he heard an appeal of a local Crown wardship case that took four and a half years to settle