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On February 14 2002 in the early hours of the
morning, Children's Aid of Hamilton took three children
from a family. The children were returned to the mother
in six days, but the father is still required to remain
away from the home. This is their story, as written by
the mother, not a professional writer. Every word is
hers, only punctuation has been altered, and surnames
deleted. Dufferin VOCA does not vouch for the accuracy
of the facts presented, but we note the great similarity
to other CAS cases. Also note the fabulous level of
alleged abuse (stabbing, hitting, stepping) against
children without physical injuries. The trick question
below addressed to Tricia's father allowed either a
positive or negative response to be used against the
family. Since we cannot report the names of children in
protection cases, the surname of the family has been
deleted. A social worker, Haley W, gets the initial to
distinguish her from a child with the same given name.
characters
| family: |
| Tricia | mother, wife |
| Dave | father, husband |
| Caitlin | daughter age 9 years |
| Cody | son age 7 years |
| Haley | daughter age 5 years |
| Ryan | brother of Dave |
| Sabatina | friend of Ryan |
| Sheila | mother of Dave |
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| others: |
| Mr Cole | Cody's teacher |
| Dr Kathy Hellner | intern Chedoke |
| Dr Waxman | family physician |
| Dr Peer | pediatrician |
| Dr Hellner | physician |
| Robin Vermeiren | social worker |
| Haley Weber | social worker |
| Mary Meyers | social worker |
| Brenda Bailey | social worker |
| Vicki | foster parent |
| David Hartless | policeman |
| Blake Easto | policeman |
introduction
First, my name is Tricia. My husband's name is Dave.
We have 3 children named Caitlin who is 9, Cody who is 7
and Haley who is 5. It has taken me a long time to
write this letter of complaint. I have gone through
more in the past 3 weeks than I would wish anyone to go
through in a lifetime. Not only have your actions left
me without my husband of 14 1/2 years but also it has
left my children without their father. They have never
been separated from us for more than a day. I have been
left alone to pick up the pieces of the three little
hearts you broke. I shouldn't say alone. One thing I
have realized is what incredible, supportive families my
husband and I have. Unfortunately, my husband cannot be
here, as he should to help our children. The trauma of
first being separated from both of us for six long days
and from their father since February 13/02. I am
writing this in hopes that someone will see what a
horrible mistake has been made.
genesis
First, this all started because we were trying to get
help for our then 6 year old son, Cody. We went to our
family doctor, Dr Waxman, with concerns about Cody. He
was having many behavioural and self-harming problems at
school and home. I had concerns of possible Asperger's
or ODD. He referred us to a paediatrician, Dr Peer.
After talking with him the only help he offered was
Ritalin. We wanted a diagnosis before we would consider
medicating Cody. He said he would have someone from
Chedoke Child and Family Centre contact us. A few weeks
later they called me and we did a Q & A over the phone.
They told me it would be at least Spring until someone
could see Cody. I received allergy forms in the mail
and when I mailed them back I enclosed a letter from
myself and Mr Cole, Cody's teacher stating things were
getting worse and a wait till Spring would be too long.
Soon after we got a call setting up an appointment with
Dr Kathy Hellner, an intern at Chedoke. We had 3
appointments between January 15 and January 29. We told
her about the problems we had with Cody at home and at
school. We filled out some questionnaires and she spent
some one on one time with Cody. Follow up appointments
were made for February 18 and an important school
observation was to take place February 28. These had to
be cancelled because CAS took the kids from their beds
in the middle of the night on February 14 at 12:30 am.
investigation
Tuesday February 5 Caitlin was taken out of class and
interviewed by Robin Vermeiren. At 4 pm Robin Vermeiren
came to our home. I was at piano lessons with Caitlin.
Dave told me that she came to our home and asked where
the children were. He said Caitlin was out with me;
Cody was sleeping on the couch as he had been home sick
that day and Haley was in the dining room watching TV.
Robin told Dave Dr Hellner had called them. She asked
Dave about disciplining the children and Dave stated he
cannot remember when our children had ever been spanked.
She stated that Caitlin had said the same in their
interview. She made and appointment on February 11 at
4:00 pm to talk to the other 2 children. She also
stated Dr Hellner should have informed us and doesn't
know why she didn't.
doctor silenced
I spoke to Dr Hellner in her office about this and she
told me that she had been "strongly recommended" by CAS
not to inform us of their involvement. She told me this
was the first time she had ever been told this. She has
this documented in her files. Monday February 11. I
called Robin V and left a message asking if Dr Hellner
had called her to state she felt there was no reason CAS
needed to be involved. Dr Hellner called us on Friday,
February 8 and spoke to Dave. She apologized to Dave
for calling CAS and explained why she had called and
added that she did not believe there was any abuse going
on based on how she understood the way Cody could
exaggerate and by talking with Dave and I. She stated
she was sorry but she was told not to contact us. She
also said she would gladly find another doctor for Cody
if we felt uncomfortable with her because of this. We
said no, we still wanted to see her. She asked us for
Robin's name and number.
When Robin called me back she said Dr Hellner had not
called her office. She made no mention of the
appointment we had for today but asked if Dave and I
would be home tomorrow at 4:00pm. I said yes, we would
see her then. Tuesday February 12. Robin calls and
cancels 4:00 p.m. appointment and asks if she can
interview kids quickly tomorrow during their lunch. It
would take approximately 10 min per child. Wednesday
February 13, 11:40-1:30. Robin first interviews Cody
for 30 min and then Haley for 30 min.
statements of children
Then she tells Dave and I of the interviews. She says
that Cody said, "Daddy stabbed him with knives and steps
on his legs just to hurt him. He hits Mommy and me and
we both run and hide." We told Robin at this time that
we were seeking help for Cody. How Cody could
misinterpret tickling for being hurt. How that he
seemed very sensitive to touch at times. She said maybe
we should ask before we have contact with him. As far
as the stabbing and running and hiding, his imagination
seemed to be working overtime. The only time he ran and
hid from Daddy was during games of hide and seek. She
then went on to tell us what Haley had said. "Daddy
chases me with knives and then I run and hide under my
bed". We told her again this had never happened, as
Haley had a bunk bed and hiding under it would be
impossible as it sits directly on the floor.
interrogation of parents
She asked us about how we discipline our children and
also asks how we were disciplined as children. We told
her that time out in their room or a corner was what we
did. We also said that Haley and Caitlin only got
punished on rare occasions. Cody was our biggest
discipline problem. We had listened to the advice of
others on maybe two occasions when we were told, "Maybe
all he needs is a swat on the bum". Robin explained
that no more than 3 spanks, open hand and fully clothed
was acceptable. We said he never even got that because
we both disagreed with spanking as a form of punishment.
We said that we were raised with occasional spanking but
we made a conscious decision long before our kids were
born not to use this form of discipline and to find
better ways. She said jokingly that she remembered all
too well when she was raised that hairbrushes and spoons
were her parent's favourites. She also asked what
happened when Dave and I fought. We explained we would
yell at each other but didn't fight very often. She
made the comment that yelling was not against the law.
She suggests that because of the problems we are having
with Cody that maybe it would be helpful for someone to
come in and observe Cody and maybe offer some
suggestions for dealing with him. We explained we had
not yet received a diagnosis for Cody so as of yet we
didn't know what his problems were but we would take any
help offered. She said she was concerned because she
felt we should have received a diagnosis by now. She
also felt that because Dr Hellner had not yet done any
blood work on Cody that maybe we should find a new
doctor. She told us of an organization called
"CONTACT". She also said because of the collaborating
stories of the 2 children, anger management would
probably be suggested for Dave. He said although the
stories were false, he would agree to this. We asked
her "So what now?" She laughed and responded with,
"Don't worry, we're not going to take your children
away. I just have to talk to my supervisor and I will
call you with the information on what we talked about
tomorrow". With that, she left.
what the children really said
When Cody got home from school we asked him about the
knife incident and told him what Robin had us. At first
he laughed as he thought we were joking. When we tell
him we are serious he says repeatedly and upset that he
never said those things. We calmed him down and told
him not to worry, that we believed him. Dave asks Haley
the same and she responded by moving her head side to
side to gesture no.
forced separation
Wednesday February 13 5:00pm-5:30pm. Robin returns with
Haley Weber. Robin says she just wants to ask Caitlin a
few more questions. At least 30 minutes later they come
downstairs and said now Caitlin's story collaborated
with the other 2. They tell me I should take the kids
to a Woman's Shelter. Dave and I were both shocked to
hear this. I tell them I don't want to take them from
their home. Robin and Haley W state that the other
option was for Dave to leave the house. If he were to
leave now and cooperate that this would fine. We still
couldn't believe that this was happening. Dave then
asks Haley W that if he left right then and cooperated
fully would the kids and I be kept together in the home
and not be separated. She said yes. Dave then
confronted Robin with the question about the knives. He
told her that Cody definitely denied saying he was
stabbed with knives. She then changed her story and
said that only Haley had said that. Dave asked how
could that be when you said that was the story they
collaborated on. She then quickly changed the subject
by asking Dave where would he be staying. He said he
would go to his Mother's house down the street. They
said that was fine and that he should go and get himself
some clothes together and tell the kids he was going to
visit Grandma's for awhile. While Dave said goodbye to
Caitlin he told her that Robin and Haley W said that she
said that Daddy hits Mommy and her. She said, "No, I
didn't say that. They're lying. I didn't say that" and
she started to get upset. Dave told her not to worry,
this was no fault of hers. Everything would be ok. He
then left for his Mom's.
smoking resumes
After he left, Robin and Haley W asked how would I
manage with taking care of the kids. I said that
Sheila, Dave's Mom would be able to come and baby-sit.
They said that Dave's Mom would probably not be the best
option because she was too close to Dave and asked about
my parents. I said that they lived far away but I would
call them. When they left I did call. I explained what
had happened and they said they would leave right away.
I then called my brother-in-law Ryan's girlfriend,
Sabatina, and asked if she would go to the store and buy
me cigarettes and coffee cream. I had just put a pot of
coffee on in anticipation of not sleeping well
considering what had just transpired. I had actually
successfully quit smoking for almost 2 months till this
happened.
surveillance
Sabatina arrived about 20 minutes later. She told me
that Dave and Ryan were getting ready to go to a
downtown Pizza restaurant for a get together they had
had planned for some time now. They were to meet 13
other guys on the second Wednesday of every month. She
said Dave didn't seem to be looking forward to going,
but Ryan persisted saying it would help distract him
from what had just happened. She also said she noticed
a car parked down at the bottom of our court on her way
here. She said it was red with personalized plates. I
told her it sounded like Robin, the CAS workers' car.
We thought this was strange but didn't think much of it.
Sabatina then left. Dave told me later that when he
left to go downtown he was sitting at the stoplight next
to Robin and Haley W and he assumed they were leaving.
interrogation of Caitlin
While I was waiting for my parents to arrive I asked
Caitlin if she could tell me what they had asked her.
She said, "Mommy, they just kept asking me the same
questions over and over and over. I was watching my
clock wondering when it was going to be over. They made
me say things I didn't want to say. They made me lie,
they made me say things." She started getting upset so I
asked her if she would like to write it down if it would
be easier. So she did.
My parents arrived and we talked. I told them I would
tell them more after I put the kids to bed. They got
all their Valentine's ready for the next day, got ready
for bed and went to sleep.
force majeure
About 11:45 I got a phone call from my Mother-in-Law
Sheila saying she just saw a Paddy Wagon and Police
Cruiser go up into my court. I looked out my window and
saw Haley W talking to the officers. While I was on the
phone still, my Brother-in-Law, Ryan decided he was
going to come over and investigate and I could see him
from the window. He said he heard Haley W tell police
that she had reason to believe that Dave had been back
to the house tonight. Ryan immediately spoke up and
said "I'm his brother Ryan and Dave has been with me all
night. He hasn't come back to the house just as you
requested. He is doing exactly what you asked and he
has stayed away". I opened the door and saw the 2
officers (PC David Hartless and PC Blake Easto) and
Robin and Haley W. They came in and the officers stated
"Don't mind us, we're just furniture here" and Robin and
Haley W went to the couch and sat down. They started to
ask my parents some questions, names, DOB etc. Sheila
and Ryan are also at the house now. They ask me if it
is ok to speak in front of my parents. I said yes, I
had told them everything.
trick questions
They asked my parents what they thought about what was
going on. They said it was absolutely ridiculous. They
then asked my Dad what would he do if Dave were to come
to the door right now, what would he do? My Dad said he
would tell him he loved him and give him a hug. He said
he knew his Son-in-Law very well and they were wrong
about him. "So you would let him in?" they asked. "Of
course", my Dad started to say when I intervened and
said, "Dad, don't you see what they are doing? They are
trying to twist your words. They are trying to get you
to say you would let him in when they have told him to
stay away. And he has stayed away. He is doing what
you asked. If they can do this to you, do you see how
they did it to the kids too?". (Sheila had overheard
them asking this and she said it sounded to her they
were just trying to find out what my Dad thought of
Dave). They said that I wasn't taking this seriously.
I wasn't taking the threat of Dave seriously. I again
stated he was no threat to us but we were still doing
everything they asked. He was asked to stay away and he
did.
I had my parents come down. My Dad said how come if
Dave is abusing the family we never had any bruises or
marks. He said they frequently came down in the summer
when the kids were always in their bathing suits and
never a mark on them. CAS said that depends on how hard
and where they were hit. My Dad said, then take Tricia
upstairs and check her. The bruises could have healed
by now. That doesn't mean she doesn't get hurt. The
CAS asked me if Sheila had been back to the house after
they left. I said no she had not. (The only person at
the house other than my parents after they left was
Sabatina. She was driving Sheila's van when she came
but looks nothing like her. Sabatina stands 5'1" and
weighs 100lbs, has light brown pulled back hair and
wears glasses. Sheila is 5'7" and has almost black
hair. I don't know if they thought I was lying when I
said Sheila had not been there, maybe they mistook one
for the other?? If Sheila had been there I would have
said so because it was only Dave that couldn't be
there).
Social workers smile
One thing that really bothered me was when I was talking
to Haley W; I would be in the middle of a sentence and
she would look away towards Robin and start talking to
her with her hand partially covering her mouth. It was
as if nothing I had to say was important to them. She
kept smiling in a way that made me feel at the time that
in some way she was enjoying this. During all this they
kept leaving to go outside to make phone calls.
Actual seizure
It was after this last phone call they informed me they
would immediately be taking the kids. That I would
offer them no protection. My parents asked if they
could take them to a hotel for the night. This was
refused. I told them no way were they taking my kids.
My kids are my heart and soul, were there no other
options? (We had many other family members who would
have taken the kids that night. Why was that never
considered?). An officer leaned over and said he was
sorry, he knew this was hard but I had to comply or I
would be taken into custody.
At this point I had to do the hardest thing I have ever
done in my life. I had to go wake my children in the
middle of the night to be taken away by strangers. I
was also told they would probably be separated since it
was an emergency and nobody would have room for three
kids. I had to tell them that everything was going to
be ok. But I knew it wasn't. These kids have never
been in the care of strangers. Nobody has ever taken
care of them but family. As I got them and their stuff
ready I told them one thing I surely knew. I told them
how much Daddy & I loved them and we would be fighting
for them and thinking of them every second they were
away.
Officers disgusted
After they drove off, I remained outside, still stunned
at what had just taken place. Apparently I wasn't the
only one. The officer in the cruiser came back to talk
to me with a cigarette in hand and tears welling up in
his eyes. I am so sorry he said. I'm just "sickened"
by what I just witnessed in there. I'm so sorry. What
you should do is get a lawyer and have him subpoena the
other officer and myself to court. That way not only
would they have their notes to what just happened but we
would be able to give their personal opinions as well.
He said he hoped he would never have to go through
anything like this again, once was enough.
foster care
Today I am back at the same point I was earlier that
evening. My Husband, their Father is not here but so
much has changed since that night. My children were
traumatized for 6 long days needlessly. Haley and Cody
were placed together; Caitlin somewhere else. They
missed their Valentine's Day parties at school. My Son
had to celebrate his 7th birthday with a very unkind
Foster Parent named Vicki. I am still waiting for
answers concerning what happened to him when he was
gone. He still comes out with things when something
triggers a memory. He told me of how he had an accident
in his pants and was crying when Vicki made him wash his
underwear by hand. I didn't know why the school called
me and told me he kept writing the word "ASS" on a paper
one day till Cody told me how Vicki kept telling him he
had better learn to wipe his ass. How if he had any
more accidents he was going to have to go to another
home without his Sister. Cody told me he was afraid to
go to the bathroom because that meant he would have to
leave his Sister, Haley. Cody sat in front of Sheila
and I one day telling us how when they went to
McDonald's for Cody's birthday they were told they had
better eat all their food because they "paid good money
for it". Cody told us Vicki had told him on several
occasions when he was acting up "I can see why your
Daddy hurts you". Haley spoke right up when he said
this and said she had also heard Vicki say this to Cody.
Cody told me one night he had to eat supper in his room
and another night he couldn't sleep because his "hungry
tummy" was keeping him awake because he was sent to bed
without supper. Since Cody has been back home he can
barely make it through the morning at school before
being sent home. He says he's trying his best but he
misses Daddy so much, he can't stand it. My Daughter
Haley tells me how Vicki would let her go to the
neighbour's "all by herself". She is only 5 years old.
She tells me how when she was lying in bed at night
crying because she missed me and Daddy so much, she was
told to be quiet or she would wake the baby. She told
me she wet the bed on several occasions. She had not
been wetting the bed for a long time before February 13.
Now she has to wear diapers to bed every night. She now
spends all her free time drawing pictures for me to send
to Daddy.
reunion
On their first night home I had to go to bed early. You
see they were so afraid to leave my side; they had to
sleep with me. As soon as I turned out the lights Haley
began sobbing loudly that she was afraid of the dark.
She never was before. She still wakes up crying in the
night from nightmares. Caitlin hasn't felt like herself
since she came back either. Everyday she complains of
stomach aches and headaches. This is a complaint she
never had before. The other day on our way to her piano
lesson she asked me why did the CAS tell her they were
going to make her life happier and safer "Why did they
have to ruin it? It was perfect before they came along.
I hate them". When interviewing Caitlin the CAS asked
her if she had one wish what would it be. She said she
didn't know. They other day I saw her writing the
answer down to that question in her journal. If she
could only have one wish in the whole universe, it would
be to have her Dad back.
lies and broken promises
Why, when the kids were away, did Brenda Bailey tell me
on the phone one day that Caitlin was great and asking
when could she be enrolled in her new school? Brenda
asked me to explain this. I said I know my daughter and
she would never say that. I asked Caitlin one day after
she was home about what Brenda had said. Turns out I
was right. She never said that. She never even asked
about school even though she was missing it. The day
after the kids were taken Brenda informed me that when
the police were there the night before, I could have
said I had changed my mind and was now going to a
Woman's Shelter and I would have been allowed to go. I
stated that was my right to information, why wasn't I
told this? She stated I already was. I explained that
when this option was given we also were given the option
of Dave leaving and staying away and we chose that
option, feeling it was better for the children to stay
in their home. We did as they said and the kids were
taken anyway. Why would I feel that taking them to a
Woman's Shelter now would be acceptable? Why wouldn't
they tell me I could still do this, this was my right to
information. She stated, "Mrs (Tricia), you are an
intelligent woman, you should have known this". I told
her had I known this, "I would have been out the door in
a second if that meant I could stay with my children".
I felt at this point they had already made up their
minds. Brenda also asked me if there was anything I
could say that would change what was happening. "If you
want me to say your allegations are true, I won't. If
you want me to say my husband is some kind of monster,
he's not. I would do anything to get my kids back, but
I won't lie. What you are accusing us of isn't true".
My Mother-in-Law, Sheila spoke to Mary Meyers today.
She was told the kids were taken away that night because
Dave had been back to the house. She also told her
police response time had been six hours. My question is
when did they think Dave returned to the house? Six
hours prior to the police coming, Dave had already left
for downtown. There is only one way in and out of
Limeridge Court where we live. Robin and Haley W should
have known he had not come back since Sheila told me she
saw them (Robin & Haley W) returning to the court
shortly after they left the first time.
interrogation methods
One thing I have done is let my kids dictate when they
want to talk about all this. I have let them all talk
about it in their own way whenever they want to. The
one question they keep asking me is why the whole time
when they were being questioned weren't they allowed to
fully answer the questions. Why weren't they allowed to
tell them the whole story and cut off mid sentence, they
ask? Why were the answers my husband and I gave during
our interview taken out of context and again only
partial statements recorded?
summary
The bottom line is many mistakes were made here. Robin
and Haley W made reference to the two CAS cases that had
gone so wrong in Toronto and London. Is this why they
employed such over zealous methods with us? Many
questions remain unanswered and Dave has still not been
able to see his kids even though he constantly calls to
request visitation, his calls still remain unanswered.
When did this stop becoming "In the best interest of the
children" as they so often said. All this has done is
brought irreparable harm to my family. All I can hope
is that someone will read this who can make Caitlin's
wish of having her Daddy back come true.
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