What is the current state of the law in BC when it comes to determining whether a person with a disability is a “child” who has to live with the supervision of her mother?

In Shelly v. Shelly, 2004 BCSC 1820, the court considered the case of a 34-year-old who was mildly retarded due to a congenital cerebral defect. This individual had always lived with her mother and required considerable supervision. The court found that she was relatively high functioning; that she was employed as a clerk and worked five days a week. She commuted to work on public transportation and had invested some of her earnings. However, she required help in areas such as health, social relationships and grooming. The court held that the individual in question could not live completely independently and stressed the importance of ensuring that she maintained a high standard of living. For these reasons, the court found her to be a “child.”