My name is (full legal name) KIMBERLY JAMES

I live in (municipality & province) DUFFERIN COUNTY, ONTARIO

and I swear/affirm that the following is true:

1. I am
   ■ a child protection worker employed by (full legal name of children's aid society) DUFFERIN CHILD & FAMILY SERVICES
   (Give occupation or title.) INTAKE WORKER

   □ a peace officer in the province of Ontario, employed in (name of office out of which you work)
   
   
2. I have reasonable and probable grounds to believe and do believe that (child's full legal name) KENNY McQUAID/PROSH is a child in need of protection for the following reasons: (Set out grounds for belief.) Sec 37(2) (B) CFSA - CRUEL/INAPPROPRIATE TREATMENT - 3 YR OLD LOCKED IN ROOM PHYSICALLY CONFINED
   
   
3. I have reasonable and probable grounds to believe and do believe that a course of action less restrictive than the child's removal to a place of safety is not available or will not adequately protect the child, for the following reasons: (Set out grounds for belief.) PARENTS REFUSED ACCESS TO CHILD & HOME, NEGLECT OF BASIC NEEDS - HOUSEHOLD SANITATION CHILD SLEEPING ON TORN MATTRESS - NO BEDDING, ENCRUSTED DIRT, DEBRIS & FOOD WASTE.
   
   (Strike out paragraph 4 if not applicable.)
4. I have reasonable and probable grounds to believe that the child may be found at (Give full municipal address or a precise description of the premises where the child may be located.) LOT 5 CON 4 EHS MONO TOWNSHIP
   
   

My name is (full legal name) KIMBERLY JAMES

I live in (municipality & province) DUFFERIN COUNTY, ONTARIO

and I swear/affirm that the following is true:
Set out the statements of fact in consecutively numbered paragraphs. Where possible, each numbered paragraph should consist of one complete sentence and be limited to a particular statement of fact. If you learned a fact from someone else, you must give that person's name and state that you believe that fact to be true.

TO ALL CHILD PROTECTION WORKERS AND PEACE OFFICERS IN THE PROVINCE OF ONTARIO:

On the basis of an information sworn before me under Part III of the Child an Family Services Act respecting the child named or described at the bottom of this warrant, I am satisfied that there are reasonable and probable grounds to believe:

• that the child is in need of protection; and
• that a course of action less restrictive than the child's removal to a place of safety is not available or will not adequately protect the child.

I THEREFORE AUTHORIZE YOU TO BRING THIS CHILD to a "place of safety" within the meaning of the Child and Family Services Act.

This warrant expires at 5:00 a.m. on November 17, 1999

NOTE: Any changes, alterations or corrections to this form must be initialled by the justice of the peace. It is a criminal offence for any other person to change the wording of this warrant after it has been signed by the justice of the peace.

TO THE RESPONDENTS:
A COURT CASE HAS BEEN STARTED AGAINST YOU IN THIS COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES. THE FIRST COURT DATE IS (date) November 22, 1999 AT 10.00 a.m. or as soon as possible after that time at: address

10 Louisa Street, Orangeville, Ontario, L9W 3P9.

If you have also been served with a notice of motion, there may be an earlier court date and you or your lawyer should come to court for the motion.

IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an answer (Form 10 - a blank copy should be attached), serve a copy on the applicant children's aid society and all other parties and file a copy in the court office with an affidavit of service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER AND ENFORCE IT AGAINST YOU.

WARNING: This case is subject to case management, which means that the case runs on a timetable. That timetable says that the following steps have to be finished by the following number of days from the start of this case:

You should consider getting legal advice about this case right away. If you cannot afford a lawyer, you may be able to get help from your local Legal Aid office. (See your telephone directory under LEGAL AID).

THE CHILD(REN) (List all children in this case.)

Kenneth Darryl McQuaid
Date of Birth: 10/16/96
Age: 3
Gender: Male
Mother's Name: Linda Prosh
Father's Name: Robert McQuaid
Religion: Unknown
Native Status: Unknown

CLAIM BY APPLICANT SOCIETY

1. The applicant children's aid society asks the court to make a finding under Part III of the Child and Family Services Act that the child named in this application
   ■ is/are

   □ continue(s) to be
   in need of protection because:
   (Check applicable box(es). In each checked paragraph, delete those portions of the text that are not relevant.)

   □ the child(ren) has/have suffered physical harm, inflicted by the person having charge of the child(ren) or caused by that person's failure to care and provide for or to supervise and protect the child(ren) adequately [clause 37(2)(a)].

   ■ there is a substantial risk that the child(ren) will suffer physical harm, inflicted by the person having charge of the child or caused by that person's failure to care and provide for or to supervise and protect the child(ren) adequately [clause 37(2)(b)].

   □ the child(ren) has/have been sexually molested or sexually exploited, by the person having charge of the child(ren) or by another person where the person having charge knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child(ren) [clause 37(2)(c)].

   □ there is a substantial risk that the child(ren) will be sexually molested or sexually exploited, by the person having charge of the child(ren) or by another person where the person having charge knows or should know of the possibility of sexual molestation or sexual exploitation and fails to protect the child(ren) [clause 37(2)(d)].

   □ the child(ren) require(s) medical treatment to cure, prevent or alleviate physical harm or suffering and the child(ren)'s parent or the person having charge of the child(ren) does not provide, or refuses or is unavailable or unable to consent to, the treatment [clause 37(2)(e)].

   ■ the child(ren) has/have suffered emotional harm that is demonstrated by severe anxiety, depression, withdrawal or self-destructive or aggressive behaviour, and the child's parent or the person having charge of the child does not provide, or refuses or is unavailable or unable to consent to, services or treatment to remedy or alleviate the harm [clause 37(2)(f)].

   □ there is a substantial risk that the child(ren) will suffer emotional harm that is demonstrated by severe anxiety, depression, withdrawal or self-destructive or aggressive behaviour, and the child(ren)'s parent or the person having charge of the child(ren) does not provide, or refuses tor is unavailable or unable to consent to, services or treatment to prevent the harm [clause 37(2)(g)].

   ■ the child(ren) suffer(s) from a mental, emotional or developmental condition that, if not remedied, could seriously impair the child(ren)'s development and the child(ren)'s parent or the parent having charge of the child(ren) does not provide, or refuses or is unavailable or unable to consent to, treatment to remedy or alleviate the condition [clause 37(2)(h)].

   □ the child(ren) has/have been abandoned [clause 37(2)(i)].

   □ the child(ren)'s parent has died or is unavailable to exercise his or her custodial rights over the child(ren) and has not made adequate provision for the child(ren)'s care and custody [clause 37(2)(i)].

   □ the child(ren) is/are in a residential placement and the child(ren)'s parent refuses or is unable or unwilling to resume the care and custody of the child(ren) [clause 37(2)(i)].

   □ the child(ren) is/are less than twelve years old and has/have killed or seriously injured another person or caused serious damage to another person's property; services or treatment are necessary to prevent a recurrence; and the child(ren)'s parent or the person having charge of the child(ren) does not provide, or refuses or is unavailable or unable to consent to, those services or treatment [clause 32(2)(j)].

   □ the child(ren) is/are less than twelve years old and has/have, on more than one occasion, injured another person or caused loss or damage to another person's property, with the encouragement of the person having charge of the child(ren) or because of that person's failure or inability to supervise the child(ren) adequately [clause 37(2)(k)].

   □ the child(ren)'s parent is unable to care for the child(ren) and the child(ren) is/are brought before the court with the person's consent and, where the child(ren) is/are twelve yers of age or older, with the child(ren)'s consent, to be dealt with under Part II of the Child and Family Services Act [clause 37(2)(l)].
   
   

2. The applicant society therefore asks for an order,

   □ that the child(ren) be placed with (name of custodian)
   subject to the supervision of (full legal name of supervising society)
   for a period of __ months, on the terms and conditions set out in the Appendix at the end of this Application form.

   □ that the child(ren) be made (a) ward(s) of (full legal name of supervising society)
   for a period of __ months.

   □ that the child(ren) be made (a) ward(s) of (full legal name of supervising society)
   for a period of __ months and the returned to (name of custodian)
   subject to the supervision of (full legal name of supervising society)
   for a period of __ months, on the terms and conditions set out in the Appendix at the end of this Application form.

   ■ that the child(ren) be made (a) ward(s) of the Crown and placed in the care of (full legal name of caretaker society)
   The Children's Aid Society of the County of Dufferin

   □ that (name of homemaker)
   be authorized to remain on the premises at (address of premises where homemaker is placed)
   until (date)
   or until the person who is entitled to custody of the child(ren) returns to care for the child(ren), whichever is sooner.

   ■ relating to access, the details of which are as follows: (specify details of order to be sought, including any claim for a restraining order under section 80 of the Child and Family Services Act.)
   Supervised Access at the discretion of the C.A.S.

   □ relating to payment of support while the child(ren) is/are in care, the details of which are as follows:

   ■ court costs.

   ■ (Other, specify.)
   Daily living expenses plus related costs for assessments.
   
   

3. To the best knowledge of the applicant society, the parties or the child(ren)
   □ have been

   ■ have not been
   in a court case before relating to the supervision, wardship (guardianship) or custody of or access to the child. (If you checked the first box, attach a summary of court cases - Form 8E.)
   
   
4. the parties
   □ made

   ■ have not made
   a written agreement dealing with any matter involved in this case. (If you checked the first box, give date of agreement and indicate which of its terms are in dispute. Attach an additional page if you need more space.)
   
   
5. The following is a brief statement of the facts upon which the applicant society is relying in this application. (Set out the facts in numbered paragraphs. If you need more space, you may use the other side or attach a page, but you must date and sign each additional page.)

   The society received information on November 15, 1999 that Kenneth McQuaid, child, was being locked in his room and that the house was filthy. A warrant of apprehension was obtained on November 16, 1999 after Robert McQuaid, father, refused to co-operate with the Society. Kenneth McQuaid was brought to a place of safety and is currently in the Society's care as there were immediate concerns of risk of physical harm and Kenneth was demonstrating developmental delays. There was also concern about the lack of supervision and interaction that Kenneth was receiving

APPENDIX

The terms and conditions that the applicant society purposes for the child's supervision are as follows: (Set out terms and conditions in numbered paragraphs.)

1. Linda Prosh and Robert McQuaids visits will be at the discretion of the Society and the Society will supervise these visits to take place at the Society's Office until further assessments are completed.
2. Parents will participate in a parenting capacity assessment completed by Dr Diane Benoit as soon as possible.
3. Kenneth McQuaid requires a full pediatric assessment
4. Parents sign all necessary consents to fullfill the foregoing.

My name is (full legal name) Kim James

I live in (municipality & province) The Town of Orangeville, Ontario

and I swear/affirm that the following is true:

Set out the statements of fact in consecutively numbered paragraphs. Where possible, each numbered paragraph should consist of one complete sentence and be limited to a particular statement of fact. If you learned a fact from someone else, you must give that person's name and state that you believe that fact to be true.

I, Kim James, of the Town of Orangeville in the County of Dufferin, make oath and say:

1. I am employed by Dufferin Children's Aid Society as a Child Protection Intake Worker.

2. Linda Prosh, date of birth December 27, 1954 and Robert McQuaid, date of birth August 5, 1942 are the parents of Kenneth Darryl McQuaid, date of birth October 16, 1996. The reside at RR 5 Orangeville Lot 5 Concession 4 EHS of Mono Township. Kenneth, (Ken) was born in Toronto, Ontario. I requested Ken's birth certificate but was informed by Linda that she was unable to find it. Linda is self employed in computer graphics and animation. Robert is self employed, "Quaid Software Limited".

3. This agency received a call on November 15, 1999 from Tina Berryman who is an employee with Molly Maid Cleaning Service. Tina expressed her concerns about the McQuaid/Prosh residence and the welfare of Ken McQuaid. Tina stated that she was to their residence in October of this year and upon entering the home Mr McQuaid stated that he "better let the monster out" and proceeded to Ken's bedroom where Tina observed him unlock the door. Mr McQuaid then proceeded to his office located down the hall. Tina described the residence as a disgrace. Tina stated that Ken's room was torn up, the mattress was on the floor, no toys, no dresser in his bedroom. Tina stated that Ken was dressed in a diaper and a t-shirt. There were 5 or 6 dirty diapers in the bathtub and the bathroom was described as cruddy and dirty. Tina stated that there was mould in the kitchen sink, food encrusted on the counter, dirty dishes. Tina stated that Ken was dirty and barely spoke and followed her around the home while she cleaned. Tina stated that she was there approximately an hour and a half. During this time his father never came out of his office and his mother was not home. Tina stated that every door in the house has a lock on it. The initial information was received by Dawn Franks, Intake Worker with Dufferin Children's Aid Society. I verily believe this to be true.

4. This worker attended the McQuaid/Prosh residence accompanied by P.C. Abrams, Shelburne OPP on November 16, 1999 at approximately 10:35 am. We approached the front entrance way which was blocked by a fallen tree. Mr McQuaid answered the front door and we identified ourselves and requested to come in and speak with him. Mr McQuaid denied us entry, we asked him to step outside which he also declined. Mr McQuaid asked why we were there and I informed him that we had received a call stating that there was a lock on their son's bedroom door. Mr McQuaid the shut the door on us.

5. PC Abrams and this worker returned to the Society office and met with Kim Evans, Program Manager and was advised to make an application for a warrant to apprehend Ken. This worker obtained a Warrant of Apprehension signed by Justice of the Peace Gwen Funston. Please refer to Exhibit "A". This worker contacted Shelburne OPP detachment and spoke with PC Dickson requesting assistance of two officers and informed him that I had a warrant of apprehension. This worker then met PC Dickson and Sergeant Brodhagen at Coffee Time just south of Hockley Valley Road. We then proceeded to the McQuaid/Prosh residence. Mr McQuaid answered the door and was informed that we had a warrant of apprehension and we entered the residence at approximately 6 pm.

6. Ken was in the entrance way when we came into the home. Mr McQuaid led us to the living room which was located down the hall from the front entrance. As I walked down the hall I observed locks on the doors, there were two heating vents without grate coverings, there was a large cement pillar lying on its side. Mr McQuaid sat down on a couch in the dark, put his feet up on the coffee table, folded his arms across his chest and stated that he was not going to answer any of our questions. Mr McQuaid was asked if there was a light for the room and he replied "he broke them all, they don't work". PC Dickson asked "who broke them?", Mr McQuaid responded he did, he did all of this". We inquired as to Linda's whereabouts, she was downstairs and came upstairs asking who we were and why we were there. Linda then stated that she knew who had done this, referring to the individual that had made the report to the Society. This worker clarified to Linda that the referent did not make allegations of physical abuse but the concerns were regarding her son being locked in his bedroom and the dirty state of the home. Linda stated that the doors were locked, referring to this as "a rather elaborate system, there are actually two types of locks to keep Ken out of the rooms". Linda then began to talk abut Ken being destructive and that she does not know how to control him. Linda stated that she ends up putting Ken in his room when he is out of control and that is why his room is a mess. I then asked to see Ken's room and was led down the hall.

7. Ken's room was not locked. There was half of a lock catch located on the door but the hook had been removed from the door frame. The door knob did have a key lock mechanism which Linda stated they did not use. I entered the room and observed a twin size wooden bedframe with the supporting slats exposed, the mattress was on the floor and there was no bedding on the mattress. The bifold door for the closet was folded underneath one end of the mattress. The other end of the mattress was up against the side of a broken crib. There were two metal rods sticking out from the crib, approximately 3 inches in length. There was an electric fan on the crib mattress, the heating vent was stuffed with shredded paper. The closet was empty, there were strips of carpet laying on the floor, there were chords for the window dressing exposed as well as exposed light bulbs on the ceiling. There was a locked trunk in the corner of the room. Linda stated that Ken trashed his room every day. I asked where he slept and she indicated in this room. She stated that she would make up his bed and in the morning this is how she would find it. I asked her what she does when she hears him trashing his room, she replied nothing. I asked if she thought that her son had behavior problems, Linda replied that he was a very strong little boy and very rambunctious but never thought that he had a behaviour problem. I indicated to her that this was not normal behaviour for a child that is being adequately supervised and engaged in stimulating activities. I went on to indicate the safety concerns, to which Linda replied that she had child proof his room as much as she possibly could. I then pointed out the hazards that I had noted as well as the exposed heating vents in the hall way. Linda replied that they knew the vents were there and that they were cautious. I clarified that my concern was regarding an active toddler running down the hallway and stepping into the vent could cut his leg or break it.

8. I asked Linda to show me the rest of the home. All of the doors were locked by either the hook and eye mechanism or key handle locks. The powder room bathroom stank of dirty diapers which were piled in a small waste basket. I then enquired about toilet training. Linda stated that Ken was still in diapers and that he would not sit on the toilet. I asked how many times she has attempted to train him and she stated that she was really busy and had not really given it much of her time. Linda began to talk about how much she and her husband work. I asked where Ken was while they were working and she indicated that he was up stairs and that is why everything was locked, to deny him access. I asked how long Ken would be left alone at a time, Linda was unable to give me an answer. She stated that he is never really alone because Robert and herself are both working in their offices. I indicated that Ken did not have direct access to them and she said that I was right. I observed Mr McQuaid's office and the master bedroom which appeared to be adequately furnished and kept. We went downstairs. A piece of art was suspended above the stair well. Linda indicated that Ken had knocked it off the wall. Linda stated to myself and PC Dickson that Ken is not allowed downstairs unless she is with him. Ken emptied a child's jigsaw on the floor of her office and Linda said, "see, he is always doing stuff like that". I replied that was normal behaviour for a three year old. I then went upstairs and viewed the kitchen.

9. The kitchen was also on the hook and eye lock system. The kitchen was dirty. There was a cooked tv dinner on the table which did not appear to be touched. I asked Linda when Ken last ate. Linda stated that she had made him the tv dinner but that he did not eat it. She stated that he usually throws his food and dinnerware. I again asked when his last meal was. Linda stated that she wasn't sure but thought Bob had fed him lunch but she was not sure of what. Linda stated that she thought that he may have had a muffin, I indicated that I did see a half eaten muffin somewhere in the house and she replied that was Ken's. Linda stated that she had given him cereal in the morning. I asked if the family sits down to eat together and she replied sometimes. I asked what Ken's bedtime was, she replied whenever they were finished working. I asked if he had a bedtime routine. Linda did not respond. I asked what she did to get him ready for bed, Linda replied that she gave him some coco and then put him in his room and shut the door. Linda stated that she likes to take Ken for walks on their property but that she has to carry him back because he won't walk. Linda stated that she tries to take him to the Dufferin Resource Centre once a week and to the park because he likes the swing.

10. I then began to focus on Ken. He was vocal and verbalizing words but much of the time he was mumbling. Ken was not able to communicate to me. He mimicked everything I said and could not answer simple questions such as "what color is this?". Ken was eating an apple and he was spitting chunks out on the floor. He went into the kitchen to obtain another apple. I had to take a knife away from him as he was attempting to cut it. Ken appeared to be healthy. His eyes appeared a little sunken and dark circles were under both eyes. I observed superficial scratch marks around his midriff. Possibly self inflicted. There were no other visible marks on him.

11. I consulted with both PC Dickson and Sergeant Brodhagen as to their thoughts about Ken being a child in need of protection. Please see Exhibit "B". Both officers indicated that they would not feel comfortable leaving him in his home due to the lack of supervision and that they had never really seen anything like this before. PC Dickson stated that he would like to photograph this home, I informed him that there was a camera in my car and asked if he would obtain it. I asked Linda if I could use her phone and consulted with my Program Manager, Kim Evans. I relayed my concerns for Ken's personal safety due to the hazards as well as it appeared as though Ken was not adequately supervised and that there was not much interaction between the family members. Ken also appeared to present some developmental delays. I was directed to bring him into care. I began taking pictures of the kitchen, Ken's bedroom and various hazards I had observed in the home. Please see Exhibit "C". I then informed Linda that I would be taking Ken into foster care this evening and requested that she pack some clothes for him as well as any toys or comfort objects that he may have.

12. At some point I had seen Mr McQuaid get up from the living room and walk to his office where he remained behind closed doors for a period of time. He came out and began to dismantle the crib which I had instructed to Linda needed to be done due to the hazard. Linda was obtaining items for Ken. The whole time that we were in their home the parents did not interact with Ken once. Linda changed Ken's diaper and got him dressed in his coat, hat and boots. Linda was crying at this time. Robert did not say goodbye to Ken.

13. Ken was placed at an approved foster home in Dufferin county.

14. On November 17, 1999, I requested that a Parent Infant worker observe Ken in the foster home and provide me with initial observations and assessment. Nina Little Alcorn summarizes in her report that she suspects developmental lags and concerning social and language behaviours. Ken can interact at some level, albeit through toys. Please see Exhibit "D".

15. I spoke with Linda by phone in the morning. Linda stated that she is prepared to do anything that the Society wants and that she will get Robert to cooperate as well. Linda asked if she could visit with Ken. I asked if she would be able to meet with me later in the day and to bring his health card and birth certificate. Appointment set for 4 pm.

16. I attended the foster home for approximately an hour and was left alone with Ken. I observed him to be calm and playing with toys. Ken and I attempted to communicate and once again he mimicked my speech. I was able to redirect his attention and behaviour with ease. When the foster mother returned home we discussed how the evening was. She stated that he was difficult to bath and became upset when they washed his hair. Ken also stripped his bed twice, each time it was remade. His bed and the bedroom were intact in the morning except that his pillows were on the floor. At the time of writing this affidavit Ken's behaviour has been described as well behaved. He has not been out of control, destructive, aggressive, he is following direction and beginning to speak more clearly. Ken is also taking and interest in toilet training as there are other toddlers in the foster home who are in the process of learning.

17. I passed this information on to Linda during our meeting. She seemed surprised that he has not been destructive and she stated that it seemed that he did not miss them. Linda and I talked about her personal history as well as her relationship with Robert and Ken. Linda stated that she and Robert are not very sociable people. Linda stated that she believes Ken was about 16 months when he began to crawl and she was also concerned about his lack of speech. Linda took Ken to Dr Trevor Hunt in Alliston, paediatrician, on two separate occasions to discuss her concerns. The doctor referred Ken to an occupational therapist for the crawling. Ken was also referred for a speech assessment. Linda claims that the next day after visiting the doctor, Ken began to crawl and the second visit he began to speak. Linda did not follow up with her concerns after this. Linda asked if Robert could come for the visit as well, I asked if he wanted to. Linda stated that she would ask him if he wanted to come. Linda informed me that she met Robert at a MENSA meeting. Linda stated that both she and Robert wanted a child.

18. This worker has called both the family doctor and the pediatrician but at the time of writing the affidavit have not been able to speak with them. The Society has made an appointment with Dr Ron Murphy for a complete physical and developmental assessment. This is scheduled for Friday, November 19, 1999. Please see Exhibit "E".

19. Linda and Ken had a scheduled visit for Thursday, November 18, 1999 at 1:30 pm. I observed their visit for one hour at the Society office. Linda was seated on the couch in the room when I brought Ken in. Linda said "hi Ken" while sitting down. Ken said "hi mom" and sat in a chair opposite her. Linda asked Ken for a kiss. He got up, walked around the table and stood beside her. He leaned towards her but did not kiss her. Linda stated that he has never kissed her. Ken then said "that's not a kiss" and Linda kissed him saying "that's a kiss". Ken did not engage his mother as a playmate. The level of interaction was through the toys and not personal. There was distance between their interaction. Linda did attempt to hold him on her lap once, Ken did not respond but rather sat there for a very short period of time. Linda left the room at one point in the visit. Ken followed her to the door. When she shut the door he reached for the handle and made a small cry sound and then went for the toys. When Linda came back into the room Ken was seated on the couch and he did not get up and greet her. Linda took him to change his diaper and he went without any fuss. Ken found markers and paper. Linda did not want him to have the markers and said that she would draw him a picture. Ken tried to take the marker that Linda was using and they were engaged in a tug of war over the marker, Linda remarking that she was drawing Ken a picture. Ken became frustrated with this an threw the markers at Linda. Linda stated to me that she does not like Ken to have markers and I replied that she should take them away from him and put them away, Linda did so. At the end of the visit we walked out to the waiting area where the foster dad was. Ken approached the foster dad and was directed to say good bye to his mother. Linda asked for a good bye kiss. Once again, Ken went over to his mother, leaned close to her, did not kiss her but she kissed him. Robert did not attend for the visit.

20. During the visit Linda inquired as to how Ken was behaving at the foster home. I told her that he was doing very well. She asked how bed time was. I informed her that last night he went to bed around 8:30 pm without any problems and slept the whole night through, room and bed in tact. Linda appeared to be surprised. She asked if he was throwing his food and utensils at meal times, I said that they did not mention that this was happening. Linda stated that she was surprised to hear this. She then asked if there has been any form of disruptive behaviour I replied not that I am aware of. Linda then said, maybe he thinks there is something wrong with us. Linda then asked Ken if he wanted to go home. Ken did not reply. I asked Linda how they celebrated his 3rd birthday. Linda stated that they didn't do anything. I asked if they had a cake for him, she replied no and stated that they are not really big on "that sort of thing". I asked Linda what they got him for his birthday and she said nothing because she buys him things all the time. I asked what sort of things she buys, she replied clothes. Linda stated that she would only buy toys from the dollar store for him because he is so destructive. Linda stated that they might do something for him when he gets older.

21. I spoke with the foster mother on the morning of November 19, 1999 and she informed me that Ken had a good day with them. He took a bath with their toddler and played with bath tub toys. He was in bed by 8 pm without incident and slept through the night. His bed and room intact. The foster mother stated that since he has arrived, "he hasn't broken a single thing, not even dumped a cereal bowl. He picked up the baby's soother this morning and said, oh, back in baby's mouth. This is Ken's baby".

22. My assessment of Ken McQuaid, age 3 years is as follows: Ken is a child in need of protection as there is substantial risk that he will suffer physical harm caused by his parent's failure to care and provide for or supervise and protect him adequately. Ken has been physically confined to his room for unknown periods of time and his movements/access has been restricted to a bleak, unstimulating environment. The area that Ken has access to present hazardous conditions and the household sanitation poses neglectful conditions and as a result there is a high potential for injury, harm or illness to Ken. His parents excecise little supervision over him. They are locked in their offices and therefore may be unable to access Ken's play area quickly if necessary. Linda and Robert do not demonstrate sufficient qualities/abilities for child care. Their inability to demonstrate bonding or nurturing characteristics are presenting serious risk to Ken's well-being.

23. I make these statements with no improper intent.

My name is (full legal name) Robert McQuaid

I live in (municipality & province) Township of Mono, County of Dufferin

and I swear/affirm that the following is true:

Set out the statements of fact in consecutively numbered paragraphs. Where possible, each numbered paragraph should consist of one complete sentence and be limited to a particular statement of fact. If you learned a fact from someone else, you must give that person's name and state that you believe that fact to be true.

1. I have had the opportunity to review the affidavit and attached materials of Kim James sworn November 19, 1999.

2. I am the natural father of the child Kenneth McQuaid born October 16, 1999 and my wife Linda Prosh is the natural mother of the child.

3. Linda and I have been active and loving involved parents of Kenneth. I confirm that there are locks on the doors in the home in order to ensure that Kenneth does not injure himself in any of the rooms on furniture etc. Kenneth has become increasingly destructive and our method of dealing with this has been to restrict his access to some of the common areas, unless he is immediately supervised by my wife or me. There is also a lock on his bedroom door, which we do on occasion use to give Kenneth a time out when he is behaving inappropriately.

4. Kenneth is well groomed, dressed, fed and loved. Kenneth's family physician, Dr Ross in Tottenham can attest to the fact that there has never been occasion when Kenneth has been treated for any injury. He is not malnourished or otherwise neglected. In fact, my concern until Kenneth was two years old was that he had never had so much as a cold and I believed he needed exposure to some colds in order to develop his immune resistance more effectively.

5. I have an involved relationship in Kenneth's life. I will take him for a walk daily on our property of 67 acres. He is deeply bonded to me and does voluntarily come to me for affection and attention. I am an active participant in feeding him, clothing and changing him.

6. The Police allege in their notes that I was in an almost catatonic state. I have a strong belief in my right to counsel, particularly in light of the allegations being laid against me by the CAS and the Police. I felt it in my best interest to be non-communicative. I did not believe I had any reason to address the allegations of the CAS because I know Kenneth is well cared for and loved.

7. My wife Linda does take him to the Resource Centre in Orangeville to give Kenneth the opportunity to interact with other children. The worker there, Debbie, could attest to this fact.

8. The housekeeper, Tina Berryman, had been in attendance at our home on one occasion. I confirm that our home could be cleaner, but the home does not pose a risk to Kenneth.

9. The cement pillars that the officer referred to had been the legs of a glass table. I had removed the glass from the table top some months ago and stored it in a locked room because of my concern that Kenneth might hurt himself on the glass if it fell. The cement pillars had been used to block him from crawling behind the wall unit in the living room. I was worried that he would access the plugs and electrical cords. The pillars were recently set on their sides because Kenneth had threatened to knock them over and again I was concerned for his safety.

10. Linda and I had decided to place Kenneth in day care because we believed he needs greater exposure to other children at this stage in his life and being in the country does not afford him the opportunity to play with many other kids. Linda began looking in late summer and had difficulty finding a day care that was not full with the return to school coming soon.

11. I confirm that we had the diapers in the tub in the spare bathroom. We keep them there at a maximum for three days. We then gather them and take them to the barn. I share the changing of the diapers. I take Kenneth two to three times a week in to Orangeville with me to run errands. I believe he should be exposed to other people and I am taking this opportunity.

12. We take him on weekend outings every other weekend to places such as the hiking area at Mono Cliffs, Belwood Lake, the Orangeville Conservation Area.

13. Kenneth has a huge number of Lego toys, dolls, cars and trucks. We do not spend a great deal of money on his toys, but he does have a number of them. They are not stored in his bedroom. We like to supervise him when he plays.

14. When the cleaning ladies are in the home, I generally try to get out of their way and go into my work room. Kenneth enjoys the company and I leave him following the cleaners around. Paulette generally comes and I have known Paulette for approximately 10 years and I know her well enough to feel comfortable leaving Kenneth out with her. I have never had any complaints that Kenneth interferes with their work.

15. I do call Kenneth the Ken Monster. It is a term of endearment to me and if Tina Berryman took it amiss, then I cannot be responsible for that. Linda and I have both nicknamed him that.