FASD & the Justice System

Director v LDS and CCC, 2018 BCPC 61 (Flewelling J)

Presentation hearing with respect to child removed from parents at hospital and into care of paternal grandmother - mother aware of Director’s concern but not that child would be apprehended at birth - removal seems linked to FASD but no evidence that real assessment of functioning was considered before apprehension - mother had support of First Nation, including access to homes where she can live with the child - child returned to mother under supervision of Director and First Nation