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The Globe and Mail
CHILD PROTECTION
FAILING JEFFREY
As the murder trial of Jeffrey Baldwin's
grandparents moves into its final phase, CHRISTIE BLATCHFORD
looks at the role in the family's life of the Catholic
Children's Aid Society of Toronto. Through exclusive
interviews with some of the key players and access to
documents not part of the criminal trial, a picture emerges
of how the agency failed again and again to protect the
children.
BY CHRISTIE BLATCHFORD
MONDAY, DECEMBER 19, 2005 PAGE A8
If the story of Jeffrey Baldwin is about one thing --
aside from the guilt or innocence of the grandparents
accused of starving him to death -- it is about the
child-welfare agency that was for 36 years intimately
enmeshed with the little boy's family.
It was this agency, the Catholic Children's Aid Society
of Toronto, that consented, fatally as it turns out, to
Jeffrey and his three siblings being placed in the care of
the grandparents.
Through exclusive interviews with some of the key players
and access to documents not part of the criminal trial of
Elva Bottineau and Norman Kidman, The Globe and Mail has
pieced together a harrowing account of how the CCAS failed
to protect the youngsters.
Yet while the trial put Ms. Bottineau and Mr. Kidman
under the microscope before Ontario Superior Court Judge
David Watt, with nothing less than their liberty at stake,
they are the only principals in this tale who have had their
conduct fully scrutinized.
The CCAS is not in any meaningful and public way held to
account for its mistakes in the death of five-year-old
Jeffrey in 2002, or any other. Neither are any of its 52
sister children's aid societies in Ontario, which in fiscal
2004-05 collectively ate up $1.174-billion of taxpayers'
money.
The only body that even critically examines the deaths of
children like Jeffrey is a small, underfunded and woefully
short-staffed arm of the Ontario Coroner's Office -- the
pediatric death review committee -- and it has no power to
enforce change.
Indeed, what the late Ronald Reagan once said about
government appears true of Ontario's children's aid
societies: They are, in the former U.S. president's words,
"like a big baby -- an alimentary canal with a big appetite
at one end and no responsibility at the other."
The CCAS has been involved with Jeffrey's family since
1969, when his maternal grandmother, Ms. Bottineau, gave
birth to her first child, through the fall of this year,
when Jeffrey's surviving brother and two sisters were
abruptly removed and separated from the foster home where
they had lived together for almost three years.
These two events, which bookend all else that happened,
demonstrate such a stark lack of common sense, or street
smarts, that it is as though agency workers were forbidden
to use the tools that ordinary people call upon every day to
make assessments of those they meet: What does Mr. X look
like? What is Ms. Y's background? What have they done in
the past?
The CCAS didn't do even a rudimentary check on the
grandparents and thus missed in its own aged records the
fact that Ms. Bottineau and Mr. Kidman, now 54 and 53
respectively, were both convicted child abusers when the
agency approved them as legal guardians of their daughter
Yvonne's quartet of youngsters in three separate proceedings
over three years ending in 1998.
The agency has explained this failure, in part, by citing
a policy vacuum (there was then no rule to make such checks
in cases where relatives were stepping into the breach) and
by pointing to the confusion caused by the plethora of last
names in the case and no automatic link to old files.
But the agency didn't make this mistake only once.
It made the same mistake at least five times over the
years.
As Yvonne and her husband, Richard Baldwin, kept losing
their children to her mother and Mr. Kidman, so did they
keep on having more -- one who was stillborn in 1999 and
another who was born this past summer and was immediately
seized by the CCAS.
It was a pattern perhaps bred in the bone.
Ms. Bottineau was convicted of assault causing bodily
harm as a teenage mom in the 1970 pneumonia death of her
first baby, Eva, who later was found to have suffered
multiple fractures consistent with battered-child
syndrome.
Undeterred, Ms. Bottineau had another child the next
year, and another the year after that, both by the same
boy-man -- reported in agency files to be a distant cousin
and a heavy-drinking product of the children's aid and
foster systems -- before she took up with Mr. Kidman.
It was these two youngsters who in 1978 Mr. Kidman
seriously assaulted. Late that December, he pleaded guilty
to two counts of assault causing bodily harm for what were
described as extensive beatings. He was fined $150 on each
count.
But there was much more in the CCAS files, only some of
it made public at trial and virtually none of it used when
it mattered most.
Ms. Bottineau was first diagnosed in a 1970 psychiatric
assessment as a "borderline mental defective" with an IQ of
69, a hostile personality and a sexually provocative manner.
The diagnosis was confirmed nine years later when
psychologist Ruth Bray assessed her again at the request of
a judge.
The judge had asked for the assessment because the couple
still had their three young daughters living with them
--Yvonne, Yvette and Tammy -- though the CCAS had removed
the two children Mr. Kidman assaulted.
The Globe has interviewed one of those two children, the
girl, who is now 34 and living in southern Ontario,
gainfully employed and happily married with two youngsters
of her own.
So uncannily similar was her and her brother's dreadful
childhood to the suffering Jeffrey and his sister would
endure three decades later that it is almost as though the
first two youngsters served as practice children for the
grandparents, providing them with the opportunity to perfect
their maltreatment skills.
What happened to Jeffrey and his sister, who were then
five and six, "is exactly what happened to us'' at the same
age, she said, referring to herself and her now 33-year-old
brother.
As Jeffrey and his sister were locked in a dank and
unheated bedroom, she was kept in a dog cage, sometimes for
weeks at a stretch, and her brother confined to a garbage
can. As Jeffrey and his sister were so desperately thirsty
that they drank from the toilet, so did this woman and her
brother. As Jeffrey and his sister had to stand on a rubber
mat in a corner of the Bottineau-Kidman house that was known
as "the pigs' wall," so, when this woman and her brother
were allowed out, were they made to stand over an air-intake
vent that was between two bedrooms.
"You were always cold," she said, her voice jarringly
mild. "I was always hungry. I drank out of the toilet. It
was exactly the same."
A lengthy affidavit produced at the trial by CCAS worker
Jennifer Maryk, who conducted a review of the agency's
records after Jeffrey's death, confirms much of what this
woman told The Globe about the abuse she and her brother
endured, particularly their state of near-starvation and
their over-sexualized behaviour, complete with the girl's
disclosure to a foster mother that she and her brother "had
been taught to perform sexual acts together."
This was all in the agency's own records. It is
undeniable that in the late 1970s the CCAS recognized -- at
least on paper -- that Ms. Bottineau and Mr. Kidman were
dangerous.
Indeed, the agency maintained for several years "orders
of supervision" on the family and the three young daughters
whom the CCAS left in the home.
Yet within four years of Mr. Kidman's criminal
convictions, the agency was anointing Ms. Bottineau as one
of its own child-care providers.
Ms. Maryk's affidavit shows that by 1983, Ms. Bottineau
"was working as a home child-care provider with the support"
of the CCAS. The woman went from being what a psychologist
described in a report to the agency as "a danger to herself
as well as to others" to so reliable a caregiver that the
CCAS was entrusting her with other people's children.
From April, 1983, through to November, 1984, and perhaps
even through the fall of 1986 and beyond -- it is unclear
from the affidavit how long it went on -- Ms. Bottineau was
being paid by the agency as a "funded daycare provider,"
even despite what appear to be at least two documented
complaints about sexual abuse that were deemed
"unsubstantiated."
The agency declined a request from The Globe to discuss
these issues at this time.
"The CCAS deeply regrets the circumstances that led to
Jeffrey Baldwin's death," reads a statement the agency
provided. "We plan to discuss the substantial changes we
have made to our own operating policies and the sector-wide
reforms under way that will help reduce the risks that such
a tragedy could happen again in the future."
But not now, the agency said. "While the charges against
Elva Bottineau and Norman Kidman are before the courts, the
CCAS has been advised by legal counsel that it should not
comment on these issues before the trial is completed."
The only external review of the CCAS conduct, written by
a consultant named Susan Abell in September of 2004 at the
agency's request, makes no bones about background checks
being a core function of the social worker's job or of the
impact the lack of them had in Jeffrey's case.
"The inability to connect to the past history of the
extended family when the children were referred for
protection services in 1994 meant that the Catholic
Children's Aid Society was a participant in Jeffrey and his
siblings being at risk," Ms. Abell wrote.
It was Ms. Abell who identified "at least five different
pivotal points when there was the opportunity to search for
the old records," the latest in 1998 when Jeffrey's little
brother was placed with the grandparents, but that it was
never done.
Even here, though the agency did a "formal home study" on
the grandparents before the little boy was placed with them,
Ms. Abell said, "the report was minimal and doesn't include
a police check."
As far back as 1997, the year before that home study was
done, even Hockey Canada was urging its member minor hockey
associations "to conduct criminal record checks where
possible" and to "thoroughly research individuals who apply
for coaching and other positions." Such checks are now
mandatory across the nation.
The Globe has obtained a copy of Ms. Abell's 37-page
report.
Even this woman, a veteran social worker and the
executive director of the Ottawa CAS before her retirement
two years ago, didn't get to interview the front-line
workers involved in Jeffrey's case "due to legal
implications."
However, it appears unlikely Ms. Abell knew that Ms.
Bottineau was, for that undetermined period in the 1980s, a
CCAS-paid daycare provider.
Certainly, she made no reference to it and doesn't appear
to count it as one of the five points where she says the
agency logically might have checked for the old records.
The terms of her review, she said frankly, were
determined by CCAS senior management, who decided she should
focus on the services provided to Jeffrey's parents during
the period 1994 to 2002.
Ms. Abell concluded that, because Ms. Bottineau went to
the CCAS with concerns about her daughter and son-in-law's
care for their first baby, and kept pestering the agency as
each successive child was born, the CCAS began to see her as
an ally.
"Given the level of her concern for the children," Ms.
Abell wrote, "the role of the grandmother was viewed as a
family strength."
Moreover, Ms. Abell found, "there does not appear to
have been follow-up with the family after the children were
living with the grandparents. With each subsequent
placement, the grandmother applied for custody within weeks
and the case was closed for further service."
Lacklustre background checks and poor investigations are
familiar laments about children's aid agencies.
Though Jeffrey was not "receiving services," as the
jargon of child welfare puts it, when he died on Nov. 30,
2002, he would have been if the CCAS had done minimal checks
-- either of the records it already had or even a simple
criminal-records search.
In the eight years before Jeffrey died, the agency was
involved in much-publicized deaths of two other young
clients -- the April, 1994, murder of baby Sara Podniewicz
by her parents, and the June, 1997, starvation death of
infant Jordan Heikamp. Both died while ostensibly being
monitored by the CCAS.
In those cases, as with this one, it was evident that
CCAS workers failed to properly investigate the caregivers
and to adequately monitor the vulnerable children.
As British Columbia Judge Thomas Gove noted in his famous
1995 review of one little boy's death and the child-welfare
system in that province, "Many other children continue to
die in similar circumstances, yet little seems to
change."
Many of the most significant problems he found in the
death of Matthew Vaudreil centred on poor investigations.
As he noted, "background history . . . does not seem to
be part of an investigation."
All the damning information the CCAS had in what Ms.
Abell described as "child-protection files, court files,
child-in-care files and adoption files" was never once
accessed.
Even without it, the agency was concerned enough about
Jeffrey and his three siblings that four times they held a
"high-risk-case conference."
Yet the only record checks performed were done on the
people who were losing the youngsters -- their parents,
Yvonne Kidman and Richard Baldwin. Not one check was done
on those seeking custody of them -- the grandparents.
Most cruelly, it is debatable what the agency has learned
-- beyond adopting a new policy requiring background checks
on relatives seeking custody -- from its failures in
Jeffrey's death.
The same day the little boy died, his siblings were
retrieved by the CCAS. After a brief stint in emergency
foster care, using what's called a "collateral" agency,
Carpe Diem, the CCAS placed the shattered youngsters in a
permanent foster home so far removed from their experience,
and so preposterously beautiful to their weary eyes, that
Jeffrey's oldest sister believed they had been brought there
merely to have Christmas pictures taken.
There, under the care of a woman named Karen and her
husband and their own two young girls, the siblings
bloomed.
They did so as one would expect in youngsters who had
been grossly traumatized -- in fits and starts. Each child
had different and painful adjustments to make.
The sister who had been locked away with Jeffrey had to
learn that a toilet was not for drinking from or washing in;
that she did not have to Hoover down everything in sight
because there really was another meal just around the
corner; that she should brush her hair. The little girl
had to learn, in short, that she was a valuable, worthy and
lovable human being.
The older sister, who had been treated relatively well
under the Bottineau-Kidman regime but simultaneously given
far too much responsibility and far too much exposure to
adult anxieties, had to learn that she was a child who was
free to be a child.
Mostly, she had to learn to accept that she could not
have been, should not have been, and would never have been
expected to be Jeffrey's saviour.
Critically, she had to learn that her terrible, corrosive
guilt was misplaced.
The youngest boy, who had been spoiled by Ms. Bottineau
and Mr. Kidman in the ways they believed mattered -- with
material things and overtly preferential treatment -- had to
realize that he was no longer the first among unequals. He
had to pick up after himself, not order about like a servant
any adult female he encountered, and stop whacking and
berating his little sister. He had to understand he was no
longer that precocious creature called "the Prince" by his
grandparents.
These are tough lessons, not learned overnight and
arguably not even in a lifetime.
But the children made significant progress, every bit of
it chronicled in the regular "plans of care" that Carpe Diem
prepared and sent to the CCAS and its lead worker.
The little girl, enrolled by her foster parents in
everything from karate lessons to swimming and Brownies,
gained physical confidence and, with that, began to show the
first tenuous signs of self-acceptance. The elder girl made
friends at school and became popular, did well academically
and began to shed the reserve that was a necessary shield in
her grandparents' house, where Jeffrey was a dirty secret to
be kept from the outside world. The little boy, though
prone to temper tantrums and stubbornness, was learning that
men, especially husbands, need not hit their wives and that
women were not chattel.
It was this youngster who inadvertently precipitated the
crisis that, just before Thanksgiving this year, saw the
children abruptly yanked from the foster home and
separated.
The reason for their removal has been shrouded in
secrecy, but The Globe has interviewed the foster parents at
length and seen documents that appear to support their
version of events.
The foster mother was walking the five children --
Jeffrey's sibs and her own two -- to school. En route, the
little guy suddenly sat down smack in a neighbour's driveway
and refused to move.
"Buster," she said, "if I have to drag you there I will,"
and with that, and a reminder that he would get to play
basketball that day -- his new favourite game -- she scooped
him under one arm and half-carried, half-dragged him the
rest of the way.
"They [the CCAS] say I should have stayed with him," she
said in the recent interview. "But I couldn't leave the
four girls on their own.
"I'm not Betty Crocker," the foster mom said with a
tearful grin of how she handled things that day, "I'm a
normal mom."
The little boy went into his class and promptly reported:
"My mom dragged me here." Teachers and school officials were
well aware that they had the youngsters from a
"high-profile" child-death case in their ranks. They were
on high alert, and called the area children's aid
society.
In short order, social workers descended upon the school,
and all the children -- but for one of the foster mom's own
daughters, who was sick and had gone back home with her
--were privately questioned.
The little boy, finding himself in his rightful place
once again -- the centre of adult attention -- complained
that his foster mom had also thrown his computer away,
tossed his money in the fireplace, locked him in his
room.
Meanwhile, Karen was back at her house, blissfully
unaware of what was coming.
At five to 3, she was back at the school to walk the kids
home. A case manager from Carpe Diem met her there and
said, "There's a problem. There's been an allegation."
Soon, they were all back at her house -- two workers each
from Carpe Diem and the CCAS, a couple of representatives of
the local children's aid, the five children.
The foster mom sent the kids upstairs, knowing it was
futile and that they would hear everything anyway. The
oldest girl, with her learned distrust of social workers,
was already packing.
The questions came hard and fast for Karen. Do you call
the kids names? Yes, she said, if you mean did she tell the
little boy, "You have to pick up your toys; bend at the
waist!" or tell one or another of them, "You can't watch too
much of the idiot box, or you'll become one." Do you send
them to their rooms? Yes, she said, sometimes, but their
doors are open and they each have their own music there and
besides, "How do you punish children who have been through
what they've been through?" Do you yell at them? "I have
five children under the age of 11," the foster mom told
them. "You need to be louder than them."
A letter from the local children's aid society received
more than two weeks after the meeting notes the agency had
"verified" certain "protection concerns."
The yelling was deemed "moderate risk of emotional harm;"
the half-dragging of the little boy "moderate risk of
physical harm;" the sending of the youngsters to their rooms
-- the little girl, for instance, would be told to stay in
her room until she brushed her hair, which could take hours
if she got distracted -- was labelled "moderate risk of
cruel and inappropriate treatment."
Despite that, Karen told The Globe, the local agency
concluded the children were not at such risk that they had
to be moved. It was the CCAS from Toronto that made that
call, and so, that very night, Oct. 4, the youngsters left
their foster parents' home forever.
When the children were called downstairs and officially
"told" what they had already overheard, "all five of them
burst into tears." The little boy immediately recanted, said
he'd been lying -- indeed, the Carpe Diem reports of this
year noted that he "has a tendency to lie about anything and
everything" and was bitter about his loss of status -- and
that he didn't want to go. The older girl announced she was
packed. There was a platoon of cars outside the house,
ready to take them away.
"I told them, 'Make us proud,' " the foster mom told The
Globe, weeping.
The three children remain in separate foster homes --
apparently, their therapists believed the sight of one
another was causing them to be "retraumatized," so the
removal provided an opportunity to test that theory -- and
meet once a month for a supervised visit at a neutral
site.
"They kept saying they had to 'err on the side of
caution' because of the 'high-profile nature of the case,' "
the foster mom said.
She remains furious and bewildered. CCAS workers "were
in this house every 30 to 45 days," she said, and knew
first-hand how well the children were doing.
The Carpe Diem reports refer to increasingly warm bonds
the children and foster parents were developing, with
remarks from the children themselves that they wanted to
"grow up in that house and stay there forever," and praise
for the foster parents.
Almost gruff and affectionate, the foster mom was blunt
that she had expectations for the three youngsters, just as
she does for her own two. Where the social workers urged
her to be happy if the threesome merely socialized at
school, for instance, Karen believed they should also do
their homework.
It was a bit of a philosophical divide, with the foster
mom believing the three were capable of greatness, and the
social workers content if they were attending classes.
Karen's own two daughters were devastated by the sudden
removal.
The foster parents had just bought a new van, the better
to transport their brood about. The whole configuration of
the couple's sprawling new house was geared to there always
being five kids there -- bunk beds for two girls in one
room; for two others in another; the boy's awash in
Spiderman paraphernalia; both leaves always in the big
wooden table in the bright kitchen.
As plain, good sense was missing in the beginning, so it
was again at the end.
For years, the Catholic CAS failed to perform what is
surely the most elementary task in child welfare -- that is,
check out the people getting custody of a youngster -- and
ultimately failed to protect Jeffrey and his siblings.
Then, when Jeffrey was long dead, the agency was
hyper-vigilant, and overreacted to the angry allegations of
a furious little boy even though they appear to fly in the
face of evidence singing the praises of the foster home.
These are flip sides of the same coin -- on the one,
extreme institutional sloppiness; on the other, the
harshness of zero tolerance.
The only independent body that reviewed Jeffrey's death
was the pediatric death review committee, originally set up
in 1991 and expanded six years later under Ontario deputy
coroner Dr. Jim Cairns. He decided, after a series of
inquests into the deaths of children being monitored by
children's aid societies, that the committee would review
the deaths of all youngsters who "died with an open CAS
file" within the previous year.
It is possible, even probable, that Dr. Cairns could
decide after Judge Watt's verdict is delivered to hold an
inquest into Jeffrey's death. But just as the review
committee can only make recommendations, not impose them, so
are inquest jury recommendations merely suggestions.
Ontario's Children's Advocate, an agency of the
children's and youth services ministry, cannot investigate
either, and indeed, in a 2003 report called It's Time to
Break the Silence, was pronounced the least powerful and
worst-staffed of the eight child advocate's offices across
Canada.
The Ontario ombudsman, André Marin, appeared this
month before the standing committee on social policy -- the
group reviewing proposed new child-welfare legislation -- to
beg that his office be given power to probe complaints
against children's aid societies.
In addition, he told The Globe in an interview, he has
personally lobbied Premier Dalton McGuinty and the new Child
and Youth Minister Mary Anne Chambers to push for
independent oversight for the agencies.
"It's hard to find a champion," Mr. Marin said, because
"oversight means accountability."
His counterparts in other provinces, Mr. Marin said, can
probe complaints against a child-protection agency.
But while his office has investigative tools he calls
robust -- the ability to subpoena witnesses, hold hearings,
even send people to jail for non-co-operation -- he is
precluded from probing complaints involving children's aid
societies and long-term-care institutions for the
elderly.
The bill revising the Child and Family Services Act has
gone to second reading at the legislature, but though Mr.
Marin said it would take only "a 10-word line" added to the
bill to give his office the necessary authority, "there have
been no changes" thus far.
"It's just a crying shame that children are not entitled
to the same oversight" as the Ontarian who is denied a
driver's licence, Mr. Marin said. "If you're after a
licence and you don't get it, you can complain to me."
As Judge Gove wrote a decade ago in his searing
indictment of the B.C. child-welfare system, "Child
protection has, for as long as anyone can remember, been
conducted in secrecy, with at least the perception that
social workers are not accountable."
There remains no champion for independent investigations
of children's aid societies, or for all those children who
do not die but are merely injured and who suffer
unnoticed.
There is none at all for the little boy who was once --
in the relatively glorious months before he was removed from
his parents' sometimes violent and always erratic care and
placed in the far more dangerous home of his grandparents --
called Jiffy Pop for his popcorn hair.
Did Elva Bottineau and Norman Kidman kill Jeffrey
Baldwin? Will they be found guilty of murder? At the
least, their feet have been put to the fire. They have been
called to account. In the matter of dead children in this
province, that's as good as it gets. The buck stops with
the alleged killers, not with those who arguably placed the
victim in their sights.
Long-term solutions
Change legislation so the independent Ontario ombudsman
can probe complaints about children's aid societies.
Better fund the pediatric death review committee, and
change the definition of "an open CAS file" to include those
children who die within two years of receiving services from
a CAS and any other case it deems fit.
Better fund the office of the Children's Advocate so it
can reach vulnerable children, such as those in foster care,
to inform them of their rights to complain.
Remove the investigative function from CAS social workers
and have agencies hire instead former police officers,
coroners, public-health nurses -- anyone who "thinks dirty"
and doesn't take at face value what prospective caregivers
say -- as investigators.
- Christie Blatchford
Troubling history
Jeffrey Baldwin's death was the third
high-profile case in less than a decade of a child dying
while being monitored by the Toronto Catholic Children's Aid
Society (CCAS).
Sara Podniewicz, six months
Died April 25, 1994
Parents convicted of second-degree murder. Expert
evidence at trial showed that before she died of
pneumonia,Sara suffered multiple fractures to her ribs, arms
and a leg as well as internal bleeding in the chest cavity
and spinal cord. Jury heard the CCAS case worker relied on
information given by the parents and recommended the agency
end its involvement with the family.
Jordan Heikamp, five weeks
Died June 23, 1997
Died of chronic starvation while in care of his
19-year-old mother, who had no home, no money and no job. A
coroner's inquest, which ruled the death a homicide, heard
that the case worker assigned to Jordan saw him only twice,
the last time about two weeks before his death.
Inquest issued 44 recommendations, including a call for
child-protection workers to focus on their young charges and
not the parents or families.
Jeffrey Baldwin, 5 years
Died Nov. 30, 2002
Died of septic shock and pneumonia brought on by chronic
starvation. Placed by the CCAS in the care of his
grandparents, Elva Bottineau and Norman Kidman, both
previously convicted of child abuse.
They are now charged with first-degree murder.
cblatchford@globeandmail.ca
Source:
website of the Globe and Mail
Jeffrey's killers get no parole for 20
years
'They are the antithesis of nurturing grandparents'
Peter Brieger
National Post
Saturday, June 10, 2006
The murder of five-year-old Jeffrey Baldwin shocked
Toronto and those responsible must pay, a judge said
yesterday as he jailed the boy's grandparents for at least
two decades.
Justice David Watt said Elva Bottineau cannot apply for
parole from her life sentence for at least 22 years.
Her common-law husband, Norman Kidman, must stay behind
bars at least 20 years.
The sentences prompted whispers of "yes, yes," in a
packed downtown courtroom. Judge Watt said autopsy photos
of the emaciated boy, who passed away shortly before his
sixth birthday, resembled a famine victim or "a person with
full-blown AIDS."
"I'm very happy with the result and now maybe [Jeffrey]
can rest in peace," said Crown prosecutor Beverley
Richards.
In his ruling, the judge expressed disbelief at the
couple's treatment of their grandson and a granddaughter,
both of whom lived in a spartan, unheated room that smelled
of feces with a urine-soaked mattress on the floor.
"They are the antithesis of nurturing grandparents," he
said. "The inhumanity of this crime shocked the
community."
"Those who committed it must pay a very steep price,"
Judge Watt said.
The pair also received eight years each for unlawfully
confining one of Jeffrey's sisters, who cannot be named.
The petite grandmother, wearing an oversized green
sweatshirt, stared straight ahead before slumping back into
her chair after the judge delivered his sentence. Kidman,
dressed in the blue Metro Housing work jumpsuit he wears at
every court appearance, showed little emotion.
The judge's harshly worded sentence -- and stiff parole
restrictions -- were justified given the nature of Jeffrey's
death more than three years ago, said Paul Culver, head of
the Toronto region Crown attorney's office.
"It was a great judicial reaction, a great investigation,
and a great prosecution," he told reporters outside the
downtown courthouse. "Jeffrey was totally ignored during
his life, but he certainly wasn't after his death."
Susan Dmitriadis, Jeffrey's paternal grandmother,
tearfully accepted the sentence.
"It's not going to bring Jeffrey back," she told
reporters. "But they didn't get away with it and I'm
thankful for that."
In April, Bottineau and Kidman, who are both 54, were
found guilty of second-degree murder in their grandson's
horrific death. (Second-degree murder carries a life
sentence with parole eligibility set between 10 and 25
years.)
Police investigators described it as one of the worst
child-abuse cases they've ever seen. Jeffrey weighed just
22 pounds when he died, less than half the average weight of
a boy his age. His body covered with sores and bruises,
Jeffrey died of septic shock brought on by severe
malnutrition.
Mike Davis, a former police investigator who worked the
Baldwin case, called for a public inquiry to probe the
Catholic Children's Aid Society, which let the couple adopt
their grandchildren even though both had abused children in
the past.
In 1970, an 18-year-old Bottineau plead guilty to assault
causing bodily harm in the death of her first child.
The retired police officer criticized the agency's "lack
of co-operation" during his investigation, adding that a
scheduled coroner's inquest into the matter is not
sufficient.
"This is not the only case where there have been issues
with the CCAS," he said. "I'm very disappointed with
them."
Mary McConville, executive director of the Toronto
Catholic Children's Aid Society, rejected suggestions the
agency did not co-operate with investigators. Since the
Baldwin case, numerous controls have been tightened for all
child protection agencies, including mandatory background
checks on people who take children into their care, she
said.
At a hearing last month, Nick Xynnis, Elva Bottineau's
lawyer, said her abusive childhood and feeble intellect --
she has been diagnosed borderline mentally retarded --
should earn a 12- to 14-year term of parole
ineligibility.
Because Kidman played almost no role in raising the
children, he deserved less than the average 15-year parole
ineligibility period for child-abuse crimes, his lawyer
argued.
"Mr. Justice Watt's judgment speaks for itself," Mr.
Xynnis said yesterday. "My client is obviously disappointed
and my instructions are to appeal both the conviction and
the sentence."
Rejecting the defence arguments, Judge Watt noted the
pair showed a "complete and boundless abdication of
responsibility."
Not only did they willingly adopt their four
grandchildren, the couple showed no interest in the boy's
condition when paramedics arrived at their east-end home on
Nov. 30, 2002, and tried to resuscitate Jeffrey, he
said.
In fact, Bottineau berated firefighters for making too
much noise and turning on lights in the house while Kidman
remarked on his grandson's lack of toilet training, Judge
Watt said.
In her diary, Bottineau warned that Jeffrey and his
sister would be on their own if anything happened to her or
Kidman because the children "were raised to be little pigs
and can't behave themselves," the trial heard.
Jeffrey's grandparents beat him and his sister with a
spoon and called them names, including "f---ers" and
"bitch."
Judge Watt said the grandmother treated the pair's two
siblings well by comparison -- differential treatment that
he said suggested Bottineau "may not be very bright," but
knew what she was doing.
Source:
www.canada.com/ nationalpost/ news/ story.html ?id=
9614d35f-fe4e-4883-a80f-25ed298705cb &k=52198
Children's Aid is powerful enough to
routinely rebuff requests for information from parents, here
they succeeded even in stonewalling an investigation by the
police.
June 9, 2006
Absence Of Emotion
All these years later, Mike Davis is still haunted by the
memory of the death of Jeffrey Baldwin.
Davis was a cop in 2002, the lead investigator on the
case of the five-year-old boy who would come to be the
unfortunate poster child for child abuse in Toronto.
His grandparents, Elva Bottineau and Norman Kidman, were
sentenced to life in prison for the crimes, and won’t be
eligible for parole for more than 20 years.
Even four years later, Davis can’t comprehend the
cruelty of the couple, who he interviewed after their
arrests for the terrible crime.
“They didn't say anything at all,” he remembers.
“I sat with them and I went through each and every picture
of little Jeffrey. And there was absolutely no emotion
whatsoever from either, either Ms. Bottineau nor Mr.
Kidman. None whatsoever.”
Davis remains incensed that the Catholic Children’s Aid
Society placed the little boy with the pair, even though
they had previous records for abusing children.
“This is something that was contained within their
files,” he charges. “Criminal convictions. Convicted
child abusers.
"And absolutely nobody from the Catholic Children's Aid
Society looked into their files to see and do any background
checks on these parents before they were given
custody.”
The society's Mary McConville takes issue with that
statement.
“I absolutely disagree with Mike Davis'
characterization of this agency's conduct with respect to
the investigation and our cooperation during the
trial.”
Davis’ response?
“At the outset, you had a social worker that was in
charge of this case and I ... tried to make some inroads to
interview this person and at no time did she ever come
forward.
"She obtained counsel. And from that point on I never
had the opportunity nor was I afforded the opportunity to
interview this person, with the exception that I was to give
an undertaking that she would not be charged with a criminal
offence.
“Which was absurd because I could not give that
undertaking due to the fact that I had absolutely no idea
what she was going to say.”
The coroner has pledged to look into this case further
with an inquest pending.
Source:
pulse 24 website
Comment: This ends the punitive
phase of this case.
In foster care, the foster parents are hired contractors
with no authority over the children. The social worker
retains control over medical care, school enrollment,
moving, vacations, and just about everything else except
routine food, clothing and shelter.
But when things go wrong, the social worker never takes
responsibility for her ward. The foster parents make
convenient, and credible, scapegoats. In the Jeffrey
Baldwin case, the incompetent foster parents have been put
away for good. The responsible social worker has not even
been named in the press, and will receive no punishment, not
even a reprimand.
Now that the criminal process is complete, there may be a
coroner's inquest into the death of Jeffrey Baldwin. In the
few other foster deaths that have been the subject of an
inquest, the jury has been under the control of social
services. In the case of Jordan Heikamp, who starved to
death in CCAS custody, the coroner's jury returned 44
recommendations, all suggesting more money and power for
Children's Aid. This case will be no different.
A blog has appeared called jeffreyslawnow by
Amanda Reed. Look at the last quarter of her first
page for her agenda. Most of the
suggestions amount to giving more power to Children's
Aid, and merger of CCAS and CAS. How much of this is
Amanda's conscience, and how much is part of a power
struggle within social services?
Children's Aid will acquire yet more powers, and possibly
one arm of social services will cannibalize another as a
result of the Jeffrey Baldwin tragedy. The next time they
need more money and power, will they let another child
die?
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