What is the test for a temporary placement order?
Ontario, Canada
The following excerpt is from C.A.S. v. J.M, 2021 ONSC 1716 (CanLII):
Under the legislation, there is a two part-test that the society must meet on a temporary care hearing: (a) At a temporary care and custody hearing, the onus is on the society to establish, on credible and trustworthy evidence, that there are reasonable grounds to believe that there is a real possibility that if a child is returned to the respondents, it is more probable than not that he or she will suffer harm. (b) Further, the onus is on the society to establish that the child cannot be adequately protected by terms of conditions of an interim supervision order. Simply stated, this is a two-part test that the society has to meet. See Children’s Aid Society of Ottawa v. L. (M.), 2017 ONSC 2284, at para. 39. See also C.A.S. of Ottawa-Carleton v. T., 2000 CanLII 21157, at paras. 6-10. Least disruptive placement
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