What is the test for placing a child in the care of a social worker?

New Brunswick, Canada


The following excerpt is from New Brunswick (Social Development) v A. C., 2019 CanLII 100562 (NB QB):

The burden of proof on the Minister is to demonstrate that there were reasonable grounds to place the child into protective care. The reasonable grounds standard of proof does not require an assessment of the truthfulness of the facts. Then, the Minister must demonstrate, on a balance of probabilities, that it is not safe to return the child to her parents considering the best interests of the child. In Minister of Social Development v. S.M. and J.C., supra, I stated at para. 26 as follows:

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