What are the factors used in determining a disposition order granting permanent custody to the Director of Children's Services?

Prince Edward Island, Canada


The following excerpt is from Prince Edward Island (Director of Child Welfare) v. A.H., 2009 PECA 19 (CanLII):

Third, the values and interests affected compel rendering of reasons upon which the court can be accountable for a disposition order granting permanent custody of children to the Director. As McLachlin J. (as she then was) stated in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, at ¶52, where the trial judge mentioned only one of a number of factors to be considered, there was no way of knowing if the trial judge had considered the other applicable factors. In the absence of reasons for the disposition in this case, even in the presence of such serious injuries having been inflicted, it is not safe to assume or infer that it is in the best interests of the children that a disposition of permanent placement that has the effect of forever and completely severing the family be made.

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