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More recent news
Between a Rock and a Hard Place
May 26, 2005
Today Ontario Ombudsman André Marin released his report Between a
Rock and a Hard Place (pdf) to the public.
André Marin
The following quote from the report shows that the
senior Ministry officials are clueless, and suggests a
weak ministry manipulated by the career bureaucracy:
103 How prevalent is this phenomenon? It is
impossible to say precisely. Senior Ministry
officials advised my Office that the Ministry is
unaware of how many children with severe disabilities
are currently in the protection of Children's Aid
Societies either under Temporary Care Agreements or
society or Crown wardship orders because their parents
are unable to provide necessary residential care. The
Ministry advised that it has never investigated the
issue of whether there are Children's Aid Society
files in which protection concerns have been
"manufactured" so that children with severe
disabilities could obtain residential placement.
In response to scandal, Mrs Bountrogianni said:
The report was written in February, it was given to
me in March, and I did indeed immediately act. Those
30 families were given the services they needed,
following the process of the communities solving the
problems and finding the resources for those children,
and they didn't have to go to the courts to give up
custody of their children.
According to Mr Marin, Mrs Bountrogianni lied, or in
his more diplomatic words, failed to appreciate that the
problem exists. The services mentioned were in fact not
delivered.
The Ombudsman deals with families of severely
disabled children. He estimates there are 150 to 200
cases of parents humiliated by being compelled to sign
documents officially abandoning their children. Mother
Tina Grignard reports:
That was the most disgusting lowest point of my
entire life. I so regret going. ... When I walked
in the corridor, there were about 30 people there and
I wanted to die. I work for the Ministry, the rent
geared to income office. I recognized many of our
tenants in that court. It was kind of awkward. This
is a small community ... My CAS worker ... walks in
the door and I clearly heard three different people
say "[the CAS worker]" is here and [she] comes, walks
right over to me and sits beside me and starts
talking. So now its been confirmed that I'm here not
for divorce court but I'm here for Children's Aid. So
I just wanted to die. I was just so embarrassed.
Mrs Grignard's unease is the consequence of the true
reputation of Children's Aid. Not a good experience
indeed. We wonder, will Mr Marin now go on to deal with
the humiliation, and horror, of thousands of parents
who find that their children do not return from school,
or who have their children kidnaped (protected) by armed
policemen invading their home?
Mr Marin identifies the problem that handicapped
children are shoehorned into the child-protection
system, without grasping why child-protection
bureaucrats prefer crown-wardship to in-home assistance
to competent parents. Once a child is a crown-ward, the
bureaucracy presents the legislature with the dilemma of
providing funding, or letting children go without food
and shelter. Since legislators will not take the latter
choice, continued funding is assured. No such assurance
exists when providing in-home assistance.
164 On a final note, I feel the need to point out
that parents have expressed palpable fear of the
consequences of coming forward to my office to
complain. They are concerned that they will be
punished by the bureaucrats that they depend on to
assist them. I intend to monitor the outcome of my
report and vigorously act, if there is any sign of
reprisal against those who have demonstrated the
courage to speak out against this manifestly unfair
situation.
This is the problem Dufferin VOCA, and other CAS
opponents, have faced for years. We have hundreds of
stories of abuse of families in the name of child
protection, yet must remain silent in nearly all cases,
because of the threat of retaliation by Children's Aid.
Unlike Mr Marin, we cannot protect families with the
powers of government.
Mrs Bountrogianni has responded with a press
release in which she promises more money, increasing the bounty on the
heads of Ontario children payable whenever Children's Aid succeeds in
snatching a child. She does offer to repatriate children taken into
custody. Since the laws of Ontario permit publishing family names when
there is no protection involved, we are waiting for the names of
repatriated children.
Addendum: CBC reporter
Jane Hawtin speaks to André Marin and mother
Cyndi Cameron. (mp3) runs 7:36.
Chartier Free on Bail
May 26, 2005
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Thu, May 26, 2005
Mother charged with abduction free on bail
By Sean McKibbon, Ottawa Sun
An Ottawa woman charged with abduction and breach
of probation after allegedly taking her four children
to Sweden was released on bail yesterday.
Marie Emilie Chartier, 35, was released on $400
cash bail and conditions that she reside in Gatineau
with her ex-husband and that he also sign for a $1,000
bond.
She was ordered to have no communication with her
four children, Marie Alexandre, 12, Michael, 8, Aniel,
6, and Mariel Charlotte, 5, and not go within a
kilometre of her kids' school or her mother's house
where the children reside.
Chartier was banned from having any weapons and
given a 10 p.m.-7 a.m. curfew. She was also ordered
to surrender any passports to the court.
Chartier and the children were returned to Canada
on May 16 by Swedish authorities.
INTERPOL ALERT
Police say Chartier approached Swedish officials on
March 31 asking for permission to remain in the
country. She said yesterday following the hearing
that she turned herself in in Sweden after realizing
she would not be granted refugee status there.
Ottawa police sent out an Interpol alert after
Chartier allegedly took the children from their
grandmother's house on March 15.
Star Supports Adoption Disclosure
May 26, 2005
The following article from the Toronto Star. The
Star ordinarily is supportive of the power of government
and social services, so their opposing position in this
article is indicative of a change of opinion.
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May 26, 2005. 01:00 AM
The real shame about adoption
We don't need more sealed files or vetos that
ensure even more secrecy, says Valerie
Hauch
"Unmarried and pregnant — you have sinned.
For shame!'' Such finger-wagging reproofs were not
uncommon for a different generation of women who dared
to have sex outside wedlock and unlucky enough to have
it bear fruit.
In fact, moral denunciation of perceived wanton
behaviour has been such a powerful force in society
that it lingers today in the debate about whether to
pass the provincial government's adoption disclosure
bill.
Ontario's Privacy Commissioner Anne Cavoukian says
it will be an invasion of privacy for women who gave
up babies if identifying information is released
— their lives would be ruined.
But the government's proposed bill already carries
a stringent "no contact'' veto that could be levied by
the birth parent or adoptee.
In any event, to assume that adult adoptees are
going to swoop down on their biological parents and
admonish them for proceeding with adoptions, or make
judgments of a moral nature, is absurd. What they
want is information, knowledge, to find the missing
pieces of the biological puzzle that is part of
discovering self.
What adoptees are up against is the same sort of
patronizing attitude that governments and society have
taken for generations toward the voiceless person in
the adoption equation: "Only we know what's best for
this child and what's best is that the child know as
little as possible."
To assume that the release of a birth name and
other pieces of information is going to have such
dramatic effect on a birth parent's life is to ensure
that ancient, unjust, hypocritical mores endure. That
is the real shame.
Most reasonable people today would not look down on
any woman who gave up her child for adoption.
The women who fear trauma in meeting the adult
version of the baby they gave up — and some who
became pregnant from rape or other awful situations
have just cause — would not have to meet them,
if they asserted a veto. To go farther with the veto,
however, punishes the adoptee, who has the right to
basic information that is part of his or her
identity.
It is ironic that the societal system that
contributed to the very trauma that unmarried pregnant
women endured, in being pressured to give up their
children, was so successful that even today those
women fear what others would think of them if it were
known they had an out-of-wedlock child.
The hospitals that used to encourage these young
women to "forget'' about the children they carried for
nine months often advised them not to even look at
their babies after birth.
I know, because I was one of those babies. My
unmarried biological mother gave birth in Toronto in
the 1950s but she didn't take the advice a nurse gave
her. She took a look. And she decided not to put me
up for adoption right away. She hoped, by placing me
in private foster home, that she and my biological
father could work things out.
Although they would go on to marry and stayed
together for 20 years, they decided when I was
2 1/2 years old to put me up for
adoption.
It's a decision I respect, considering the
circumstances and times. But it never meant I didn't
want to meet them.
Many adoptees — and having met many over the
years I've concluded it has nothing to do with whether
their lives with their adoptive parents were happy or
not —just want to know about their
roots.
They want to meet someone else with their nose,
their penchant for drawing, their inexplicable love of
water (once you meet a biological relative you become
aware of the amazing possibilities that much more than
hair colour is inherited.)
I don't believe any adoptee should expect
involvement in a biological relative's life. But it
can be serendipitous when it happens.
That said, adoptees should be prepared for the fact
that they may find people they don't like. If you
can't ready yourself for any possibility, don't go
looking.
In my case, it was easy to search. When I was
adopted, the birth certificates still included the
birth name (which in my case was my biological
father's). I had the added advantage of having been
baptized in Quebec (my mother is French Canadian).
Quebec baptismal certificates included the parents'
occupations. That made tracking down my biological
father and sending him a letter (when I became an
adult) fairly easy.
We've never met; his choice, his right. My choice
and my right was to ask.
There was surprise on his side at being found, but
no expression of trauma. However, I suspect if he'd
been allowed a veto to me getting any identifying
information — this is what Cavoukian is
proposing — he would have used it.
And what a shame that would have been.
I might not have found my biological mother,
cousins, both my biological father's brothers and
other relatives, many of whom have become very dear
and enriched my life.
I might never have found out my great-grandfather
on one side was a poor immigrant from Spain who became
a wealthy merchant in Newfoundland. The house he
built is now a heritage home and bed-and-breakfast in
St. John's.
I might not have learned that his daughter
apparently dated one Chester Crosbie, father of former
MP John, or that the Newfoundland family, at some
point, was rumoured to have been involved in certain
tradings of alcoholic substances back in the days when
such dealings were, well, illegal, b'y.
I wouldn't have known about another relative who
was considered a bit of a rebel in her day because she
didn't want to get married, loved to sing and had a
stunning voice and was paid to use it at weddings and
other events. Eventually a man came along who caught
her fancy or she wouldn't have ended up as my
grandmother.
I'd never have gasped when I saw the picture of a
great-aunt who looks uncannily like my
daughter.
These are the stories of family. Everyone has
them. Except adoptees.
We don't need more sealed files and hidden records
or vetos that ensure even more secrecy.
We need openness, tolerance and a break with any
mentality that smears "shame' 'on everyone involved in
an unplanned pregnancy.
Knowing our personal histories adds colour to our
lives and makes us aware that we are not islands and
alone, but part of an incredible, ongoing continuum of
generations.
Valerie Hauch is a Toronto Star writer
and editor.
VandenElsen Living Will
May 26, 2005
Carline
VandenElsen has left a living will. Authorities have
limited their embarrassment by refusing media access to
Carline. According to André Lefebvre, she is in
solitary confinement and limited to one visitor per week,
who can visit her only behind glass through a telephone
connection.
Ombudsman Ignores Ongoing Cases
May 25, 2005
Dr Dolores A Sicheri reports that the investigation by
Ontario Ombudsman André Marin is turning into a whitewash. She says:
The Ombudsman has had hundreds of calls regarding
this investigation. Cathy Penshold from the
Ombudsman's Office had told several parents that Mr.
Marin is only to investigate seven cases of his own
choosing.
The parents who rights were already terminated for
access to services, are out of luck. These parents
were looking for some justice. He is going to limit
his investigation to those whose rights are presently
being threatened.
Cases where children have been severed from parents
are not over and done with. The injury continues every
day.
Queen's Park Rally
May 24, 2005
The following news report comes from Canada Court Watch.
The mainstream press imposed a total blackout on this news
item.
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Thousands of Canadians rally at
Queen's Park in support of traditional marriage and
family values
By Mike March - Social Justice reporter
Thousands of everyday Canadians, young and old and
from almost every walk of daily life and cultural
group congregated at Queen's Park on holiday Monday to
demonstrate in support for traditional marriage and
family values.
Thousands of people swelled the grounds at Queen's
Park demanding that the Canadian government start
listening to the wishes of the people of Canada
The massive show from the public was fueled by the
recent passing of Bill C-38 by the Liberal government as
well as the recent exposure of government corruption
within some high ranking members of the Liberal Party of
Canada.
The government's Bill C-38 was intended to allow gays
and lesbians to marry persons of the same sex and to force
the will of the minority, special interest, gay and
lesbian groups upon the majority the people of Canada.
Leaders of all major religions and cultural groups
spoke about how the principles of democracy have been
ignored by the Canadian government in this issue.
Speakers spoke of how the government committee
which had been set up to study the issue was stacked
in favour of those who support the gay and lesbian
agenda. Well established organizations such as the
Knights of Columbus with over 70,000 members were not
invited to be a part of the committee process.
When it came to support of the traditional
definition of marriage there was full agreement from
representatives all major cultural groups, including
Christian, Jewish and Moslem that legalizing same sex
marriage was wrong and the way in which the courts are
imposing this minority view on the majority of the
people of Canada, clearly is a violation of the
principles of democracy.
Most citizens in the crowd said that they were fed
up with the Liberal Party and its policies which they
felt were undermining the very foundations upon which
the nation of Canada was built. Many said the family
unit was the foundation for Canadian Society.
Although a very small, ragtag group of gay and lesbians
were gathered at the southern end of Queen's Park waiving
rainbow flags, they were hardly visible amidst the throngs
of mainstream Canadians who had come to Queen's Park in
support of the traditional definition of marriage.
Many demonstrators in the crowd demanded that the
government be brought down in light of recent
corruption and scandals in the upper levels of the
governing Liberal Party of Canada.
OACAS Demands Secrecy
May 24, 2005
Today the Ontario Association of Children's Aid
Societies (OACAS)posted a notice on its news site:
NOTE: The Child and Family Services Act Section 45(8) prevents the publication
of information that identifies a child, the child's parent, foster parent
or member of the child's family when the child is the subject of a child
protection proceeding. Therefore, OACAS will not be posting news articles
that fall into this category.
The OACAS also issues press releases, such as in the
case of Lisa Heughan, urging news
editors to withdraw the names of families in cases where
the names have already been published.
There can be no doubt that the party protected by the
secrecy is not the child, but the child protection
bureaucracy.
In the case of Marguerite
Dias who attacked Madelene Monast with a machete on
suspicion of being a snitch, many Canadian newspapers
printed the story without the name of the attacker, even
after she was sentenced to prison. Some newspapers also
suppress the names of Carline VandenElsen and Larry
Finck, the parents in the Halifax standoff. Sending people to prison and
withholding their names is the methodology of medieval
tyrants, not countries respecting the rule of law.
F4J Strikes
May 23, 2005
Stunts by Fathers-4-Justice are becoming too numerous to mention. In a
reference to Pinocchio's conscience, F4J has placed 6800 crickets in 37
location across Canada. The Ontario locations are courthouses in Newmarket,
Milton, Oshawa, Whitby and Toronto (Jarvis St and University Ave), as well
as the offices of MPs Colleen Beaumier (Brampton West), Colin Carrie
(Oshawa), Bill Graham (Toronto Centre-Rosedale), Mark Holland
(Pickering/Ajax), Jack Layton (Toronto), John McKay (Scarborough East), Bev
Oda (Clarington), Carolyn Parrish (Mississauga Centre), Judy Sgro (York
West), Belinda Stronach (Newmarket/Aurora), Paul Szabo (Mississauga) and Joe
Volpe (Eglinton/Lawrence).
In British Columbia Spiderman climbed the Pattullo Bridge and the
Incredible Hulk climbed the Alex Fraser Bridge. In Montreal today Robin
climbed the Jacques Cartier bridge, for a while stopping all traffic.
Following is a Toronto area news story about one of the incidents.
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Crickets dumped in Newmarket court
May 19, 2005
Protesting unfair treatment of fathers in divorce
cases, the group Fathers-4-Justice Canada said they
dumped 200 live crickets on the family court floor of
the Newmarket courthouse Monday.
The act may have gone unnoticed at first, but will
be evident in the coming weeks and months when the
crickets begin chirping, spokesperson Steve Osborne
said.
"It's the gift that keeps on giving," he said.
The Great Canadian Cricket Caper hit a number of
other courthouses across the country in an attempt to
draw attention to the plight of fathers in family
court.
"We want equality in family law," Mr. Osborne
said. "Fathers should be given equal time with their
kids. All parents should be equal."
Thoughts on Halifax Standoff
May 22, 2005
Today the Halifax Herald published two stories on the
Shirley Street standoff, one on Carline VandenElsen's
hunger strike, the other below.
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Sunday, May 22, 2005
The Halifax Herald Limited
Child protection system comes under
scrutiny
Expert says laws up to date, despite criticism of
cops' handling of standoff
By MICHAEL LIGHTSTONE / Staff Reporter
A year ago, a three-day police standoff in Halifax
involving a five-month-old girl, her parents, her
grandmother and heavily armed officers thrust
child-welfare issues in Nova Scotia into the
spotlight.
File
Carline VandenElsen and her husband, Larry Finck,
were recently convicted of charges laid in
connection with a police standoff last May.
File
Larry Finck nails a sign to the front of a house
on Shirley Street in Halifax during a three-day
seige.
During a controversial nighttime effort to enforce
a court order authorized under provincial
child-protection laws, police were rebuffed by the
youngster's despairing parents.
An officer rammed the front door of 6161 Shirley
St. about three times before a shotgun was fired at
police from inside the house.
The 67-hour siege ended with the death of the
baby's 79-year-old grandmother, Mona Finck, due to
natural causes.
Larry Finck and his wife, Carline VandenElsen, were
eventually charged and recently convicted in
connection with the incident. They'll be sentenced in
late June.
The couple's child, now 17 months old, is in foster
care.
Mr. Finck and Ms. VandenElsen are in custody
awaiting their fate. Ms. VandenElsen began a hunger
strike Saturday to protest her plight.
She said she sees no alternative.
"My husband and I are the first Canadian parents to
be convicted of acting to protect our offspring," she
said in a strongly worded release.
Critics of how police and child-welfare authorities
handled the case have said the province's
child-protection laws need to be changed to keep more
families together.
Dalhousie University law professor Rollie Thompson,
who helped with the task the last time the legislation
had a major revision (1989-90), said Nova Scotia's
statutes are in line with other jurisdictions in
Canada.
"It was a significant modernization from the 1976
statute," he said.
Mr. Thompson said that compared to Ontario, which
made major changes to its law that allowed authorities
to take many children from their parents, Nova Scotia
is doing well.
"The Ontario child-welfare system is clogged with
children who've been taken into care or been placed
into care after a court order," he said.
Mr. Finck and Ms. VandenElsen had run afoul of
the law before. He's done time for abducting a
daughter from a previous relationship in Ontario in
1999; she has triplets from an earlier marriage who
are in the care of her ex-husband in Ontario.
Ms. VandenElsen was originally acquitted of
abducting the triplets, who are now about 12 years
old, but she will be retried in Stratford, Ont., this
fall.
That acrimonious custody battle has long played out
in Ontario courts. "It is unlikely (the three
children) can remember a time when their parents were
not fighting over them," a court document says.
In Nova Scotia, aside from well-publicized
criticisms of how Halifax Regional Police and
child-welfare officials handled the standoff, there
have been calls for an inquiry in the case.
Last summer, Ms. VandenElsen urged Canadians to
demand a public probe - an investigation rejected by
the provincial government - into the neighbourhood
episode that made headlines across the country and
prompted letters to the editor of this and other
newspapers.
"Let us all ask ourselves what we would have done
if we had been confronted with the same situation," a
Halifax woman wrote this newspaper in July. "Just
being awakened in the middle of the night is
terrifying enough, without the purpose and the episode
that followed."
The siege was also punctuated by unorthodox
behaviour by Mr. Finck and Ms. VandenElsen. Police
never fired a shot but used a robot to make deliveries
to the house.
The couple's contempt for the child-protection and
justice systems was front and centre in the form of a
sign Mr. Finck placed outside a window. It said All
to Hide the Criminal Abuse of Children by Lawyers.
Theresa Brien, a spokeswoman for regional police,
said recently the department doesn't "have any reason
to believe that we didn't follow proper procedure"
during the standoff.
"However, we do conduct an operational review of .
. . major incidents, and this would be included in
that," she acknowledged.
Ms. Brien said the internal review is ongoing but
she couldn't say when it would be finished.
She said operational reviews are done to examine
police conduct and learn potential lessons from a
particular incident.
Though some Shirley Street residents praised the
actions of police, others who followed the event in
news reports felt the department mishandled the
situation.
"This confrontation surely underscores the need for
a searching public debate to examine policies
governing the creation and use of militarized police
emergency response teams," a Kings County man said a
year ago in a letter to this newspaper.
He said such public scrutiny would ensure
deployment of emergency response teams "is consistent
with fundamental principles of restraint and
proportionality in the use of force."
At trial in Halifax, Ms. VandenElsen was described
as a protective, loving mother. Court heard her
lawyer at the time, Burnley (Rocky) Jones, stop short
of saying her cause justified her means.
"It always boils down to the fact that she has this
undying deep love and connection to her children, and
because she has taken certain actions as a mother she
is now facing these serious criminal charges," he
said.
On May 12, Ms. VandenElsen and Mr. Finck were
convicted of several charges by a Nova Scotia Supreme
Court jury. The verdicts came after two days of
deliberations following a nine-week trial marked by
outbursts and accusations by the defendants.
Nova Scotia's child-welfare and family-services
staff deal with about 14,000 families in the province,
a government official said last May shortly after the
Shirley Street standoff ended.
Of those, some 700 cases a year appear before the
courts. About 30 cases involve a youngster being
taken into protective custody, the province has
said.
The Children and Family Services Act sets out 14
situations in which a child requires protection. But
the law stipulates that details of individual cases
are to be kept confidential which, critics have
charged, makes it difficult to know if the system is
working as it should, and who's to be held accountable
if it isn't.
Asked about the Finck/VandenElsen case, a
spokeswoman with the Community Services Department
declined comment.
"This matter is actually still before the courts,
on appeal, and because of that fact . . . we're not
really able to provide any further information," Terri
Green said recently.
Mr. Thompson didn't want to comment on the
child-welfare system in the context of the Halifax
standoff because, he said, it is so unique.
"It's like talking about a moon that comes through
the solar system once every so many hundred
years."
He said the case "tells us nothing at the moment.
In terms of the broader system and the day-to-day
parents that I've represented and other people
represent, . . . it tells us nothing about
that."
Speaking about provincial legislation, Mr.
Thompson said child-protection laws are "a kind of a
check" on resources and "the approach" of social
workers in the field.
"Legislation isn't what drives the system," he said
in an interview. "What drives the system is resources
and the approach of child-welfare authorities - the
resources they have available to them to do their job,
and the general social-work culture and approach in
child protection."
Mr. Thompson said in general, "there's not been a
demand for massive changes in (child-welfare law) in
Nova Scotia at this point."
What's important, he said, is "that on a day-to-day
basis what matters is the . . . services available
to parents. The statute is not that helpful in that
subject."
On May 13, Mr. Finck served notice he wanted their
convictions stayed, claiming he and his wife were
entrapped by police, but Justice Robert Wright ruled
against his motion.
Court documents filed three days later confirmed
what many observers predicted would be the next
chapter in the saga - the couple are appealing their
convictions.
Commentary:
An inquiry into the case of Carline VandenElsen and
Larry Finck must be avoided at all costs. If held, it
would have to reveal the contents of the complaint
leading to the warrant to apprehend the baby. They are
frivolous, or we would have seen them by now.
Rollie Thompson is quoted as saying: "It's like
talking about a moon that comes through the solar system
once every so many hundred years".
Oh? Just in Dufferin county, with only 50000 people,
social workers enter a new home on a weekly basis, and
always do so with one or more armed policemen as escort.
It's hard to believe it happens in Nova Scotia, with
nearly a million people, only once in centuries.
Every day Carline VandenElsen and Larry Finck are
incarcerated and separated from their baby, the Province
of Nova Scotia is adding to its atrocity. Carline
VandenElsen's demise at the end of her hunger strike
would relieve the child protectors in Nova Scotia, since
it would end their continuing atrocity.
The police are conducting an operational review of
the siege. Here are some suggestions:
- Rifles with telescopic gunsights would enable police
snipers to bring down mothers with between-the-eyes
shots. FBI sharpshooter Lon Horiuchi killed Vicki
Weaver with a headshot while she was holding her
ten-month-old baby.
- A police tank would shield police from gunshots
originating inside the home as well as simplifying the
problem of breaking into a home. The FBI used tanks to
halt child abuse in Waco Texas at a loss of only 74
lives.
- The drug Depo-Provera is administered to sex-offenders
to achieve chemical castration. Medical technology
could produce a pill to give mothers at childbirth
dulling their urge to care for their children, and
eliminating the need for more standoffs.
These improvements will bring Canada up to the
state-of-the-art in child protection. Letter from Children's Aid
May 21, 2005
The most revealing statements come not from critics,
but from Children's Aid itself. Here is the Executive
Director of Peel Children's Aid suggesting that it is
improper for a father to publish information about his
own family. The letter below contains several instances
of "withheld to maintain confidentiality". These
phrases are in the original CAS letter, not editing
changes by Dufferin VOCA. CAS refuses to provide the
names of family members to their own father.
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PEEL CHILDREN'S AID
PROTECTING CHILDREN AND SUPPORTING FAMILIES
May 5, 2005
Mr. Karol Karolak
5530 Glen Erin Drive
Apt. #110
Mississauga, Ontario
L5M 6E8
Dear Mr. Karolak:
I am writing to you to address an issue that has
come to my attention. I have recently learned that
you have circulated confidential correspondence
regarding the various complaints processes that you
are currently involved in to individuals not involved
in the complaint processes. The correspondence
identifies members of your family and other
individuals who have been involved with your family in
a professional capacity, some of whom are not subject
to or involved with the current complaints
processes.
Peel Children's Aid recognizes your right to
utilize the various complaint processes legally
available to you and in fact, we have engaged in
several processes to provide you with due process in
this area. These are outlined below:
In 2003, you filed a formal complaint with the
Society concerning the Society's handling of your
referral to the Society in 2002. The Society
investigated your complaint in accordance with its
four level internal complaint process, the final step
of which is a review by an Appeals Committee of the
Society's Board of Directors. The Board of Directors
through their appeals committee heard your complaint
and concluded that the Society had fulfilled its
mandate with respect to child welfare. This complaint
process did not identify any professional misconduct
by any staff involved with your referral.
The Society completed its internal complaints
process in October 2003 and advised you by letter of
November 14, 2003, of the conclusions of the Society's
complaint process. Also in this letter, the Society
advised you of your right to have the Society's Board
of director's decision reviewed by an independent
third party appointed by the Ministry of Children and
Youth Services (Section 68 CFSA Review).
You asked for and received the independent third
party review, which was carried out by Mr. T.
Giesbrecht, the Director appointed by the Ministry.
In his Report dated September 15, 2004, Mr.
Giesbrecht's review reached the following two
conclusions:
"The Society dealt with the provision of its
substantive services, namely the protection of the
welfare of (name withheld to maintain
confidentiality), adequately and on a timely basis.
Sufficient personnel and resources were deployed in a
timely manner to effectively and efficiently serve the
wellbeing of (name withheld to maintain
confidentiality) and (gender withheld to maintain
confidentiality) family. The Ministry of Children and
Youth Services requires Societies to provide a
standard of service at a high level and my describing
the Society's adherence to this high standard as
adequate is to confirm that the service provided to
(name withheld to maintain confidentiality) and the
Applicant and their family was of a high quality."
"I further find that the Society dealt with the
provision of its review services prusuant to Section
68 of the CFSA for dealing with complaints of persons
regarding services sought or received from society in
an adequate and timely manner in that the internal and
external review processes were provided in accordance
with the Ministry approved complaints process and
access to all levels of the complaint process were
made available to the Applicant in a timely
manner."
Mr. Giesbrecht specially notes the high standard
of service with which your referral was handled and he
did not identify any professional misconduct by any
staff involved with your referral or subsequent
complaint.
Our concern is that in accessing the various
complaint processes legally available to you, you have
gone beyond the necessary and acceptable steps of
engaging in a complaint process. You have released to
the public, without consent, the personal and private
information of your family members and the
professionals and organizations involved with your
family. This release of personal and private
information is damaging to the individuals involved
and further, is an invasion of their privacy. It is
not appropriate for you to share your compliants or
the personal and private information of others with
the general public. Mr Karolak, I am urging you to
engage in your complaints processes in a manner that
maintains the privacy and confidentiality of all
involved.
I trust you recognize your obligation to maintain
the privacy of the above-mentioned individuals and
will act accordingly in the future.
Yours truly,
/signed/
Paul Zarnke
Executive Director
Peel Children's Aid
6860 Century Avenue
West Tower
Mississauga ON
L9N 2W5
T 905 363 6131
F 905 363 6133
www.peelcas.org
Carline VandenElsen Reacts
May 20, 2005
Carline VandenElsen, convicted of crimes for her part
in a standoff with the police over custody of her baby
Mona-Clare, has responded with a press release.
André Lefebvre has established a Carline
VandenElsen blog, including events in the lives of
both parents well before the birth of Mona-Clare.
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PRESS RELEASE
Mona-Clare was a 5 month old, happy, healthy
nursing infant at the time she was seized by police in
Halifax after they attempted to break into her
grandmother’s home in the middle of the night with a
battering ram and machine gun.
Police claim they were enforcing an apprehension
order for the Children’s Aid Society of Halifax.
May 21st marks the 1st anniversary of the death of
79 year old Mona Mary Finck and the disappearance of
baby Mona-Clara.
Her parents Carline VandenElsen and Lawrence Finck
were recently convicted for abducting their baby and
face years of imprisonment for allegedly depriving
state authorities of her custody.
No one has explained the apprehension order or why
the Children’s Aid Society went after Mona-Clare
when she was yet a fetus.
VandenElsen will begin a “starving for the
children” campaign and will not eat until Premier
John Hamm and Justice Minister Michael Baker agree to
investigate the actions of police and child welfare
authorities, and the disappearance of her baby.
She urges the public to demand why hundreds of
millions of tax dollars have been expended to fell her
family. She feels no child, parent or family member
should suffer such intolerable pain , suffering and
exploitation.
VandenElsen and Finck believe that thousands of
children across Canada are being criminally abused by
state authorities and lawyers in a multi billion
dollar family law industry and it MUST STOP.
Carline VandenElsen
Mother
May 19, 2005
Addendum: On May 21 the Halifax Herald carried
a story on Carline VandenElsen's hunger strike.
Finck and VandenElsen Appeal
May 19, 2005
Larry Finck and Carline VandenElsen have appealed
their convictions to the Nova Scotia Supreme Court.
Refer to the standoff page for two news stories.
Long Knives for Adoption Reform
May 19, 2005
A bill is pending in the Ontario Legislature that
would allow natural parents and their adopted children
to reunite by seeing each other's records once the child
reaches the age of majority. This measure would
substantially limit the power of social service agencies
over their wards. The long knives are now coming out in
the form of press releases alluding to those rare cases
in which a parent can be harmed by reunification.
Following is one from the National Post.
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Suicide fears over plan to allow greater
access to adoption files
April Lindgren
CanWest News Service
Thursday, May 19, 2005
TORONTO - Elderly women are contemplating suicide,
fretting about ruined reputations and reliving
horrific rapes as a result of a proposed Ontario law
that would open adoption records to birth parents and
adult adoptees, the province's privacy commissioner
warned yesterday. "There are countless defenceless
individuals who have written to me, begging me to
speak for them and to allow them to preserve their
confidentiality," Ann Cavoukian told reporters before
presenting her concerns to a legislative committee
yesterday. The source of the angst is legislation
introduced earlier this year by the Ontario government
that would make the province's adoption disclosure
regime one of the most open in the world. If passed,
adoptees over the age of 18 will have the automatic
right to obtain copies of their original birth and
adoption records, including their original name and,
in many cases, the identities of their birth parents.
Similarly, one year after an adoptee reaches 18, birth
parents will have access to the adult child's birth
and adoption records, allowing them to know the
child's post-adoption name. To protect those who want
no reminders of the past, the proposed law will also
give both birth parents and adult adoptees the right
to put a "no-contact" notice in their files.
Hearings on Foster Drug Trials
May 18, 2005
A committee of the US Congress today heard testimony related to the
drug trials using foster children. A witness and four panelists are listed
on the hearing page. All defended the existing drug trial procedures,
suggesting at most that more advocates should be in place.
Through the courtesy of Leonard Henderson, we have
the submissions by the
Alliance for Human Research Protection to the
committee, not mentioned on the congressional website.
These submissions identify the actual drugs tested, and
the purposes of the trials. Mr Henderson comments:
Not a single invited witness remotely represents
the interest of the children who were targeted and
used as human guinea pigs to test experimental AIDS
drugs and vaccines!
Not a single invited witness represents the concern
of the African-American and Latino community whose
children were targeted.
Not a single invited witness represents any of the
child welfare agencies or research institutions that
are under federal investigation for their role in the
enrollment of these children.
Class Action in Ontario
May 17, 2005
The following text from the website of law-firm Roy
Elliott Kim O'Connor describes a step in the
lawsuit by Anne Larcade:
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Special Kids Class Action
On May 13, 2005, the Ontario Divisional Court
released its decision in the appeal of Larcade v.
Ontario and certified the lawsuit as a class
proceeding.
This lawsuit, launched on May 8, 2001, seeks
damages of $500 million for all families who have
suffered because the Ontario Government failed to meet
its legal obligation to provide services for severely
disabled children. These services were to have been
provided under Special Needs Agreements issued by the
Ministry of Community and Social Services, or through
local Children's Aid Societies.
Sometime in 1997, the Ontario Government
unilaterally stopped issuing Special Needs Agreements
and forced an unknown number of families to surrender
custody of their special needs children in order to
access life-saving services.
In June 2003, Justice Cullity of the Ontario
Superior Court of Justice, dismissed the application
for certification of this class action. The
Representative Plaintiff's appeal from Justice
Cullity's decision was heard by the Ontario Divisional
Court on March 29 and 30, 2005. On May 13, 2005, the
Divisional Court overturned Justice Cullity's decision
and certified the lawsuit as a class proceeding.
Further updates will be provided.
For further information on this class action,
please e-mail your enquiries to info@reko.ca, or
contact our offices at (416) 362-1989.
Douglas Elliott, President of the International Lesbian and Gay
Law Association, was the lawyer representing the
Metropolitan Community Church of Ontario in the court
case that legalized same-sex marriage in Ontario. This
kind of lawsuit is a way to get law enacted directly by
the courts, bypassing the legislature. The Larcade suit
may be in the same category. If successful, it will
open a large additional source of funding for a group of
disabled children. Who can administer this money other
than the Ministry for Children and Youth Services
through its subsidiaries, the Children's Aid Societies?
Mr Elliott is seeking to increase their power at the
expense of families.
Chartier Charged
May 17, 2005
The mother returned from Sweden for fleeing with her
children has now been charged with a crime, and her
children have been returned to Canada, where they face a
future mired permanently in the care of hired hands.
Motherhood is a criminal offense in Canada. This report
is by radio station CFRA in Ottawa.
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Missing Kids Return Home - Mother Charged
Josh Pringle, Monday, May 16, 2005
An Ottawa woman and her four children are back in
the Capital after a worldwide search by Ottawa
Police.
35-year-old Marie Emilie Chartier was wanted after
allegedly abducting her four children in March and
fleeing to Sweden.
Chartier was escorted back to Canada by Swedish
authorities on Friday. Her children arrived back in
the Capital on Sunday.
Police say the children are "happy, healthy and
tired."
Chartier has been charged with abduction and breach
of probation.
The world search began in March when the four
children were allegedly taken from their grandmothers
home.
The search led investigators to Sweden.
Chartier Back in Canada
May 15, 2005
A woman who fled Canada with her children in March
is back in Canada. The news is sketchy on details of
how she was returned, but it likely was in handcuffs.
Here is the bulletin from CFRA in Ottawa:
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Mother Accused of Kidnapping Children Back in Canada
Josh Pringle, Sunday, May 15, 2005
An Ottawa mother accused of kidnapping her four
children and taking them to Sweden is back in the
Capital.
The Foreign Affairs Department says Marie-Emilie
Chartier was returned on Friday to Canadian
authorities.
Ottawa Police will not confirm whether Chartier is
in custody.
Foreign Affairs says the four children will be
arriving back in Canada later this week.
Addendum: Here is a comment on the case, also
dated May 15, 2005:
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The Ottawa Citizen wrote about this story, and the
fact of the matter is that this mother had her kids
under the CAS authority for an unknown reason,
although it is stated that she was NOT abusive to her
kids. The article went on to suggest that she was
fleeing an abusive ex-husband and that the kids were
under the CAS authority at her mother's, (the kids
grandmother's) house.
As executive Director of the Foster Care Council of
Canada, I would like to make it known that the mother
was merely protecting her children from the threats of
her husband, and is not a criminal. I suspect that
the mother of the four children, who is a former
teacher, knows very well the authority and power of
the CAS, and had reason to believe that her ability to
maintain contact with her children was being
threatened by the CAS and she fled.
As a non-abusive mother, she needs as much support
as possible, to maintain the ties between her children
and herself, not be charged with a criminal offense
for being a loving mother.
Please forward this message on to whom ever you
can, and contact the Ottawa Children's Aid Society to
demand that this mother maintain contact with her
children no matter what. This woman should not be
punished.
You can email the Ottawa CAS or phone them at the
information below:
fclost@casott.on.ca
1-613-747-7800 (Ask For Executive Director)
Fax: 1-613-747-4540
You can also contact the Minister of Children and
Youth Services to ask her if this mother deserves to
lose contact with her children for trying to protect
them. Please send us the response if you get one from
the Ministry.
Minister of Children and Youth Services:
mbountrogianni.mpp@liberal.ola.org
John Dunn
The Foster Care Council of Canada
http://web.ncf.ca/fe281/
Police Surround Family
May 13, 2005
For followers of Children's Aid, the following case is
nothing unusual. The family reports that they are still
together, and have not been served with legal process, so it
is legal to report the full story with names.
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| From:
| "Patricia Ellis" <Patricia.Ellis@rogers.com>
| | To:
| "CANADA COURT WATCH / JUSTICE NEWS" <justicenews@canadacourtwatch.com>
| | Date:
| Wed, 11 May 2005 21:51:26 -0400
| | Subject:
| [justicenews] CAS or Nazi SS
|
Would you report on our story?
We are a family that has been continuously persecuted
by the CAS with the help of the armed Waterloo Regional
Police Service.
On April 25, 2005 we requested that Superintendent
Kevin Chalk of the Waterloo Regional Police Service and
President of the CAS Board of Directors assist us with a
meeting with the Board to discus the cowardice crimes
(fraud, forgery, perjury, coercion of a child, destruction
of evidence and kidnapping) committed against us.
On May 3, 2005 our home was surrounded by 3 armed
police and a CAS officer. The road was blocked-off and
they entered our home to question Aneurin over an
accidental fingernail scratch on our sons head. We have
no criminal record, no criminal charges, no mental
illness, no alcohol or drug addictions, and neither of us
smoke tobacco or marijuana. It would appear that our only
crime is that we are black, with children and choose to
protect them from the criminal CAS.
We believe that a lot of people in our great country
are starting to see a likeness between the CAS and the
Nazi SS of the 1930's.
Aneurin & Patricia Ellis we live in Canada our
Phone number is 519 569 8693
Halifax Standoff Couple Convicted
May 12, 2005
This evening in Halifax Carline VandenElsen and Larry
Finck were convicted of most of the charges against
them. They both face substantial jail time as a
result.
On May 19, 2004 police appeared at their home to take
their baby daughter Mona-Clare. Ordinarily, when
falsely accused by the police, the correct action is to
cooperate with the police, then prove your innocence
when the matter comes before a court. But in the
Halifax case, the parents had previously lost four
children through the family court system, all without
ever having been accused of causing harm to their
children. They knew from experience that there was no
relief to be had in the courts. So what are parents to
do when the police come for their children? Meekly give
up their children? Shoot back at the police? There
is no correct course of action for Canadian families,
and will not be until family courts halt the practice
of removing children without cause.
For more, read two
dozen news articles about the trial.
Congress to Investigate Drug Tests
May 12, 2005
Yesterday a committee of the US House of Representatives
annnounced hearings on the use of foster children for drug
tests. Following is part of the press release:
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ADVISORY
FROM THE COMMITTEE ON WAYS AND MEANS
SUBCOMMITTEE ON HUMAN RESOURCES
FOR IMMEDIATE RELEASE
May 11, 2005
No. HR-2
CONTACT: (202) 225-1025
Herger Announces Hearing on Protections for Foster
Children Enrolled in Clinical Trials
Congressman Wally Herger (R-CA), Chairman,
Subcommittee on Human Resources of the Committee on
Ways and Means, today announced that the Subcommittee
will hold a hearing on protections for foster children
enrolled in clinical trials. The hearing will take
place on Wednesday, May 18, 2005, in room B-318
Rayburn House Office Building, beginning at 2:00
p.m.
In view of the limited time available to hear
witnesses, oral testimony at this hearing will be from
invited witnesses only. Invited witnesses will
include experts familiar with issues related to the
enrollment of foster children in clinical trials.
However, any individual or organization not scheduled
for an oral appearance may submit a written statement
for consideration by the Subcommittee for inclusion in
the printed record of the hearing.
(material skipped)
In announcing the hearing, Chairman Wally Herger
said: "This hearing will explore issues surrounding
the placement of foster children in clinical drug
trials, including under what conditions participation
is permitted. We are concerned about recent
allegations involving the enrollment of foster
children in such trials. This hearing will help us
assess whether there is any substance to these
allegations and if so, what response is
appropriate."
Power Grab
May 12, 2005
The problems of CAS having too much power over
families are to be solved by giving CAS more power. To
understand Marie Bontrogianni's letter to the Toronto
Star, note that "making more services available" means
more funding for Children's Aid, "supports" in social
worker jargon are people who coax, or coerce, others,
and "special needs" means handicaps.
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May 12, 2005. 01:00 AM
More services now for special needs' children
Province forsakes parents of disabled
Editorial, May 8.
Your recent editorial about children with special
needs identifies some of the complexities in this
difficult issue. I take issue, however, with your
suggestion that our government has "failed to address"
it.
The solution to the problem lies in making more
services available to families of children with
special needs, so that they can access the supports
they need in their communities. And while it is true
that the previous government failed to invest in
children, our government boosted spending on children
with special needs by $74 million in just our first
year -- an increase of 15 per cent in a single
year.
One important area of investment is children's
mental health, which received $25 million last year --
the largest investment it has received in more than a
decade -- and will increase again by a further $13
million this year.
A second investment is in children's treatment
centres, which provide physical rehabilitation for
children with physical and developmental disabilities.
In addition to an operating increase, we committed
funds to build two new centres in regions that didn't
have one and expand four other centres. These
investments won't solve the whole problem. But the
reality is there are more services for children with
special needs today than there were a year ago, and
there will be more next year than there are today. We
will continue to build a system that meets the needs
of children and families.
Marie Bountrogianni,
Minister of Children and Youth Services,
Toronto
Bountrogianni Expands Children's Services
May 11, 2005
Marie Bountrogianni has found another $270 million to use
to further strengthen the hand of social service agencies at
the expense of families. Here are her remarks to the
provincial legislature yesterday:
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CHILDREN'S SERVICES
Hon. Marie Bountrogianni (Minister of Children and
Youth Services, Minister of Citizenship and
Immigration): I'm pleased to rise in the House today
to inform members of the historic commitment we are
making in partnership with the federal government to
help Ontario children and families.
I was honoured to host Prime Minister Martin and
Social Development Minister Ken Dryden on Friday at
the St. Marguerite d'Youville Children's Centre in
Hamilton. Together, we signed an unprecedented
agreement in principle for the early learning and care
of Ontario's children, a commitment founded on the
principles of quality, universal inclusiveness,
accessibility and development. These four principles
reflect values that are shared not only with the
federal government but with every provincial and
territorial government from coast to coast, and they
are shared by child care workers and advocates,
children's health professionals and parents.
In Ontario, these principles are the cornerstones
of our Best Start plan. At its core, Best Start is a
massive expansion of child care and early learning.
That means making more quality, regulated child care
spaces available to more families and providing more
subsidies so that more families can access those
spaces. But it's much more than that. Best Start
also includes vital services that help children
develop and arrive at school ready to learn: infant
screening, hearing programs, speech and language
therapy and many other services that support early
childhood development. All of these services,
including child care, will be available in community
hubs in schools so it's easy for parents to take
advantage of them.
In the past year, we've already created 4,000 new
subsidized spaces and we're moving forward
aggressively to provide more quality child care spaces
for more Ontario families. Quality, affordable early
learning and child care helps prepare our young people
to arrive at school ready to learn, thrive and
excel.
We are pleased that the federal government is
providing Ontario with approximately $270 million this
year to help build a national early learning and care
program. That is in addition to the approximately
$570 million that is already provided for child care
in Ontario. These are important investments:
investments that pay dividends for decades as children
grow into productive contributors to Ontario's
economy; investments in families whose parents can
work outside the home knowing their children are in a
quality child care program.
Together, we are creating a seamless system of
services for young families and, together, we will see
the results: more quality, affordable child care,
more parents able to balance the demands of work and
family, and more children getting the best possible
start in life.
As I looked around that child care centre on
Friday, I saw a lot of happy people who have been
working on behalf of children for decades. We
committed to them that we would work with our partners
to deliver a quality, affordable child care program,
and that's what we're doing. But the most important
commitment is to the thousands of children in Ontario.
To them, we are providing a lifelong gift of learning
and care. They deserve nothing less.
Press Skeptical of Bountrogianni
May 11, 2005
The Windsor Star today questions the actions of Marie
Bountrogianni in the matter of disabled children. They
suggest she was untruthful when claiming that she only
recently heard of the problem, and that in spite of her
public statements, parents are still required to give up
custody to get treatment for their children. Reissuing
a directive that failed in the past can only fail again
in the future. Mrs Bountrogianni worked closely with
the child protection system before entering government,
and may have assimilated the habit of deception endemic
in that trade.
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Ailing kids' parents doubt CAS directive
Wednesday, May 11, 2005
Minister of Children and Youth Services Marie
Bountrogianni ought to have known more than a year ago
that parents of severely disabled children were
essentially being forced to relinquish custodial
rights in order to get the services they required, say
some local parents.
"I have contacted Marie Bountrogianni's office,"
said Jennifer Bray, who recently signed a temporary
care agreement with the Children's Aid Society for her
mentally disabled son.
"People in her office have corresponded with me.
This has gone on for a year and a half that I have
corresponded with the ministry."
The issue gained public attention April 25 when new
Ontario Ombudsman Andre Marin looked into claims that
parents of severely disabled children cannot access
the services their kids need and therefore feel they
have no choice but to sign away custodial rights to
the Children's Aid Society.
Bountrogianni says she learned of the problem about
two months ago.
"Although the issue had been raised before, it's
come to her attention more recently that the scope of
the problem is greater than anyone initially
realized," Bountrogianni's press secretary Andrew Weir
said Tuesday.
"That's why she responded urgently with a strategy
in the regions to develop specific plans to meet the
needs of those children and their families."
REISSUED DIRECTIVE
Even before Bountrogianni's ministry finishes its
own investigation, she has reissued a directive for
children's aid societies not to require parents to
give up custody rights of their children if they don't
require protection.
But Bray says once parents say they can't cope
anymore -- because residential services aren't readily
available -- the CAS automatically considers it a
potential child protection case.
"All kids with special needs require protection,"
Bray said. "It's the way that they word it. The CAS
is doing a very good job helping me out, but I just
don't like that I have to sign away my rights to
receive help."
Dolores Sicheri, a founding member of anti-CAS
protest group Citizens for Social Morality, believes
Bountrogianni's directive is toothless because it has
been issued before by this government and the previous
government.
One woman, who did not wish to identify her
developmentally disabled teenage sons, said she will
have to relinquish custody to the CAS so they can
continue living in a group treatment home. She said
she thinks the government should change the law and
reinstate guardianship to parents where there is no
protection issue.
"But I'm two weeks away from having to sign away my
parental rights permanently, so I don't know if
anything will happen in time.
"It's not fair. I haven't done anything wrong.
Signing away custody is heartbreaking."
Bountrogianni Wants to Help Parents of Disabled Kids
May 9, 2005
In the continuing scandal of parents forced to relinquish
custody of disabled children to get specialized care,
Minister of Children and Youth Services Marie Bountrogianni
has denounced the policy, and declared her intention to
eliminate the practice, re-issuing a directive to that
end.
As long as her statements are genuine, and the directives
are in place as she stated, this should cure the problem for
now, since Children's Aid Societies are unlikely to defy an
order from the minister. But her directives did not address
one of the most serious problems, the funding. Children's
Aid gets funding from the province for each child-day of
foster care. Under ordinary circumstances, they get $71 per
child day, and give the foster parents $27, leaving $44 per
day to fund their own operations. That comes to over a
quarter million dollars for a baby or toddler held until age
of majority. For children classified as special needs, the
numbers get bigger. For an insight into how much bigger,
Gary Putman, Executive Director of Dufferin Children's Aid,
told the Orangeville Banner on March 30, 2004 that care for
what he described as "needy" children cost $210 per day. It
was not clear from the article whether that was his net or
gross, but either way a young needy child is good for over a
million dollars for Mr Putman's agency.
Mrs Bountrogianni does not say what the funding
formula will be for disabled children who receive
services without loss of custody. Will the Children's
Aid Society still get its megabucks? If so, someone is
bound to ask: "What for?". Why should Children's Aid
get paid for doing nothing while a parent arranges
services from a residential care facility? But if
Children's Aid does not get the megabucks, will the
money go to the parents? Not likely. If properly
implemented, residential care for parents retaining
custody should be a lot cheaper than the current
arrangement.
Toward the end of the Windsor Star article below, Mrs
Bountrogianni announces her intention to provide more
money for children's services. But it is precisely the
large amount of money provided to Children's Aid that
drives them to seek custody of children, and will
continue to do so once the public spotlight is off this
issue, and they can return to business as usual.
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Parents of disabled kids win
support
Minister reissues order to CAS
Craig Pearson, Windsor Star
May 9, 2005
Children's Aid Societies in Ontario should not
force parents to sign away custodial rights in order
to get residential treatment for their severely
disabled children -- which some parents say is
happening -- the children's minister says.
"The children's aid societies are there for
protection," Children and Youth Services Minister
Marie Bountrogianni said in a phone interview. "They
are not there to take parental rights away from
parents of severely disabled children."
New Ontario Ombudsman Andre Marin last week
announced that his first investigation will look into
complaints from parents who claim they were
essentially forced to permanently relinquish
guardianship of their children to the CAS in order to
get the services they require.
Bountrogianni said she welcomes the review by the
Ombudsman, who monitors government agencies, but says
even before her ministry finishes its own
investigation she has re-issued a directive for
children's aid societies not to require parents to
give up custody rights of their children if they do
not require protection.
"I understand it is happening in Windsor so I want
to rectify that immediately," Bountrogianni said
Friday. "I've given a re-directive to children's aid
societies not to take parental rights away, that if
there is no protection issue and a very seriously
disabled child comes to their attention they should
get together with community agencies -- as they do in
Hamilton -- to find help for that child.
"There are some parts of the province that do that
better than other parts of the province."
Jennifer Bray complained recently when she was
forced to give up custody of her 11-year-old mentally
disabled son Wesley.
She'd called an ambulance to stop him from wildly
kicking her in her vehicle.
He lived in a facility in London but when he was
released she had not choice but to sign away
guardianship for one year in order to get help, she
said.
For the care to continue after a year, Bray was
told she'd have to give up guardianship permanently
"To take custody as a parent away -- I don't
understand that," she said last month. "I fell
violated."
Bill Bevan, executive director of the Windsor-Essex
Children's Aid Society, said no children come into
care locally without at least some concern about
protection.
"By the time they get to the children's aid
society, they're saying 'I cannot cope,'" Bevan said.
"When you get to the point where you're not coping
well and you feel so stressed that you're not able to
manage this child with such behaviours, that puts the
child at risk."
Nevertheless, Bevan estimates his agency handles
about two cases a year in which -- if funding and
services were more readily available -- parents could
have avoided dealing with the CAS.
About four years ago, Bevan said, children's aid
societies could enter into special-needs agreements
with parents, providing residential service for
severely disabled children without changing custody --
a system he considers beneficial.
Bountrogianni said some children's aid societies
still manage to help seriously challenged children
without taking away parental rights. But the Hamilton
MPP acknowledged that differing intervention could be
a function of how many services are available in
various communities.
"What happens here in Hamilton when children with
severe disabilities are brought to the attention of
the CAS is they immediately have emergency meetings
with all community agencies and try to find placements
for the children," she said. "They don't take the
kids away. They find help for them."
Bountrogianni said that when she found out about
two months ago that parents were relinquishing custody
of their children in order to get help, she was "quite
upset."
She wants to do two things to ensure this situation
does not continue. She wants to channel more money to
children's mental health and other services. Her
government announced in its first budget last year
that it would increase funding in that area by 15 per
cent, or $74 million -- the first increase in 12 years
-- though she says more is needed.
Bountrogianni also said she wants to make a policy
change, including changing the law if necessary, but
wants more information first.
It's a bird! It's a plane! It's ...
May 6, 2005
The two pretexts for family courts to break up families
are child protection and divorce. The latter affects a
larger number of children. Fathers-4-Justice in the United
Kingdom has engaged in a series of high-profile stunts over
the last two years that have placed family law on the
political agenda.
Now a similar campaign in under way in Canada. On
December 1, 2004 two F4J members dressed as Batman and
Wonderwoman climbed the facade of the University Club in
Toronto, where the Family Law Bar was gathering for its
annual Christmas Meeting. The demonstrators were arrested
and charged.
Today the pair appeared in court in Old City Hall in
Toronto. To draw attention to the occasion, a demonstrator
dressed as Superman climbed scaffolding near the courtroom.
Other events by F4J Canada occurred the same day in Montreal
and Yellowknife. Following is one of the many news stories
on the incident.
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Friday, May6, 2005
Look Up In The Sky...
Many young children consider their fathers to be
superheroes and on Friday some dads displayed their
alter egos at old City Hall.
Superman
People strolling along Queen Street may have spotted
Superman perched in scaffolding outside the courthouses -
Batman and Wonder Woman were also close by. The caped
crusaders from the organization Fathers 4 Justice staged a
protest to fight for the rights of divorced dads and
demanded changes to the judicial system so they can have
equal access to their children.
Brad Mastin, who has one son, was dressed as the Man of
Steel and gave a voice to some of the frustrations fathers
across the country are feeling.
"We're good enough to be a father 365 days a year, but
as soon as we split up with our ex-spouses we don't get to
see our kids anymore," he said. "In the beginning I got
to see my child for five years and now it's been three
years, over three years that I've seen my son."
Distressed dads in Britain have organized similar
protests. In 2004 one father, dressed as Batman, dodged
tight security and made his way up to a balcony at
Buckingham Palace to make his opinion known.
Mastin climbed the scaffolding and hung a sign that
read "Fighting for your right to see your kids." Police
eventually talked the man down from the platform.
"It's parental alienation," Mastin explained. "It
happens all over the country, all over the world, and we
just want to see our sons and daughters and be part of
their lives."
Anne's Brother Speaks
May 6, 2005
In the continuing case of the 13-year-old girl Anne hiding from
Children's Aid, her brother has written a letter to caseworker
Stephen Rainey. He reveals that CAS has ordered
Anne's mother to prevent contact between Anne's younger
sister and the rest of her family.
More Experiments on Foster Kids
May 4, 2005
The Associated Press has approached ten states with
questions about their policy on using foster children
as experimental subjects in medical tests. Besides
New York, six more states reported at least some use
of foster children. No Canadian news agency
has so far asked the same kind of questions. Is there
any chance of this scandal spreading to Canada?
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How Some States Handle Child AIDS Testing
The Associated Press
Wednesday, May 4, 2005; 2:14 PM
-- What researchers, state officials and foster
care agencies in various states told The Associated
Press about the use of foster children in AIDS drug
experiments.
CALIFORNIA: No foster child can legally
participate in clinical trials without an order of the
state juvenile court. A spot check of several
counties said they could not locate any records or
officials who could recall ever approving a foster
child for an AIDS drug trial.
COLORADO: Carol Salbenblatt, a nurse who recruits
children for studies at Children's Hospital in Denver,
said there have been very few permanently placed
foster children enrolled in studies. "I would say
very few foster children have been enrolled and only
under very stringent guidelines," she said.
ILLINOIS: At least 193 foster children have been
enrolled in nearly four dozen pediatric AIDS clinical
trials since the late 1980s, including more than two
dozen currently participating, according to records
released under a state open records request. None are
believed to have been appointed advocates.
LOUISIANA: Tulane University said four foster
children have been enrolled in pediatric AIDS trials
since 1992, and each time a judge was asked to
approve. Nanette Russell White, a spokeswoman for the
state foster agency, said three years ago a
16-year-old from Thibodeaux, south of New Orleans,
participated in a drug trial after getting "huge
amounts of information" on "possible risk or harm.
The child didn't suffer adverse effects, she said.
MARYLAND: Johns Hopkins University in Baltimore
says some patients who have participated in AIDS
clinical trials are foster children, but declined to
provide exact numbers. The university does not
believe it needs to provide advocates for the children
under its interpretation of federal regulations.
"Johns Hopkins believes that the opportunity to
participate in the PACTG trials should be made widely
available and not be denied to children because they
are in foster care," spokeswoman Staci Vernick
Goldberg said.
NEW YORK: At least 465 New York City foster
children were enrolled in AIDS studies dating to the
late 1980s. Though city policy required the
appointment of advocates, city officials could only
find records that 142 got them. The city has asked an
outside firm to investigate and also is revising its
policy on the use of foster kids in medical
experiments.
NORTH CAROLINA: Dr. Ross McKinney, a pediatric
AIDS expert at Duke University, said a small number of
foster children were enrolled in his studies, mostly
during the late 1980s before better treatments were
available in the marketplace. He said he always got
permission from the state guardian for the foster
children and tried to reach the biological parents as
well because "it was their child first and foremost,
and in most cases foster care was temporary and the
children would return to their parents."
TEXAS: State and county officials couldn't locate
records about foster children used in AIDS studies,
but Dr. Mark Kline, a pediatric AIDS expert at Baylor
College of Medicine, said some of the children he
enrolled were in foster care, mostly from the Houston
area. Kline said he couldn't recall ever appointing
advocates for the children but took great care to make
certain families understood the risks and
benefits.
TENNESSEE: At least since 1990, state law has
generally prohibited the use of foster children in
medical experiments. "Specifically prohibited from
approval is any research that uses juveniles for
medical, pharmaceutical, or cosmetic experiments," the
latest state foster care rules adopted in 2000
state.
WISCONSIN: State officials said they wouldn't
consider medical experiments. "The Wisconsin
Department of Health and Family Services has
absolutely never allowed, nor would we even consider,
any clinical experiments with the children in our
foster care system. Our goal to make sure children
are nurtured in safe homes with strong families,"
spokeswoman Stephanie Marquis said.
Addendum: There is more on this story. The
Associated press has another article titled Researchers Tested Drugs on Foster Kids. In case
the link dies, here is our local copy.
Family Prevented From Caring for Daughter
May 4, 2005
The following story from CBC News reports that the
teenaged girl from British Columbia seeking alternative
medical treatment in the United States has been sent
back to British Columbia.
It appears from the story that the girl's health will
be better with her Canadian doctors than with the
alternative, and that is the only kind of case of
involuntary medical treatment that reaches the press.
These articles, containing snippets of privileged
information, can only come from the social services
system. In cases where the proposed treatment is
harmful to the patient, such as unnecessary psychotropic
drugs or confinement to a mental hospital, the press
remains silent, and no one in social services feeds them
with information. Even in the present case, the lack of
names makes it impossible to confirm the accuracy of the
story.
For the dangers inherent in involuntary care, refer
to an interview with Thomas Szasz on The
Therapeutic State, or a speech by Siv Westerberg, in which he shows that
the police state has been supplanted by what he calls
the socio-medical totalitarian state. The oppression is
not conducted by the army or the police, but by persons
the public initially thinks of as their friends:
doctors, therapists, teachers and social workers.
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Teen back in B.C. for cancer treatment
Last updated May 4 2005 08:38 AM PDT, CBC News
VANCOUVER - The Okanagan girl who has been
fighting to avoid blood transfusions as part of
chemotherapy treatment is back in hospital in
Vancouver, says a source in the B.C. Ministry of
Children and Families.
Doctors in B.C. have told the 14-year-old, who is
a Jehovah's Witness, that they need to have the option
of giving her blood transfusions while she's getting
chemotherapy treatments.
The teen and her family then fled to Ontario to
avoid that court order. But an Ontario judge ordered
her to be returned here.
Now under government guardianship, she was flown
back to Vancouver on Tuesday night. And the ministry
source says she is now at B.C. Childrens Hospital.
While Children and Families deputy minister Jeff
Berland will not confirm the girl's whereabouts, he
admits it will be a tough hurdle if the girl actually
does need a transfusion.
"It will be tricky, but it isn't the first time
these kinds of cases have happened in Canada. They
happen from time to time and doctors and social
workers have established ways of working through
them," he says.
Berland also says his officials and hospital staff
will work with the parents to try to restore
relationships that has been damaged by all the court
action.
"Our hope would be that we'll be able to work with
the parents and restore to them their rights and
responsibilities as soon as possible, " he says.
"It's not our intention to deprive the parents of
their role of planning for their daughter."
More on Foster Kids as Guinea Pigs
May 2, 2005
On a New York radio program Amy Goodman interviewed a
New York City councilman, a representative of the
Alliance for Human Research Protection and the
Commissioner of the Administration for Children's
Services (ACS).
The number of children used in the tests, initially
reported as 50, then 100, is now disclosed as over
465.
The law requires parental consent for this kind of
trial. But for children in ACS care, the legal rights
of "parent" vest in a bureaucrat. The bureaucrat is
sure to follow the orders of his superior in preference
to protecting his ward, so parental consent is a sham,
as is brought out in the interview.
ACS Commissioner John Mattingly lost credibility with
his answers. When asked for the true number of children
involved in the tests, he gave a 321 word politician's
answer without really shedding any new light on the
question. More than a year after the scandal broke in
the press, he was unable to name any of the
pharmaceutical companies involved, though the BBC
identified GlaxoSmithKline. He did not identify the
drug involved in the tests, or the scientists.
The program Democracy
Now has a transcript of the interview and a link to an audio "Segment"
in real media format.
Treatment Forced on Girl
May 2, 2005
Sad stories like this appear in the press from time
to time. A girl whose life might be saved by medical
technology refuses treatment because of her parents'
religious beliefs. Should we give her the treatment
anyway?
The powers that Children's Aid accumulates with these
heartbreaking stories are rarely used for life-saving
treatments. In day-to-day cases, they are used to force
children to take psychotropic drugs. The quoted story
contains information known only to Children's Aid, so
they must have fed it to the press.
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Cancer teen search slows
By ROB LAMBERTI, TORONTO SUN
The search for a cancer-stricken B.C. girl,
believed to be hiding among fellow Jehovah's Witnesses
in the Toronto area to avoid blood transfusions,
stalled yesterday as authorities prepared to go to
court.
Although Toronto Police aren't actively seeking the
14-year-old, expecting the issue to become a court
battle, an order of apprehension issued in B.C.
remains on police computers.
Late Saturday Judge Peter Jarvis of the Ontario
Superior Court held a hastily called hearing about the
girl.
Some cancer patients require transfusions because
chemotherapy inhibits the production of blood cells.
Doctors want the authority to give the girl a blood
transfusion if they determine she would die without
one.
"What we have here is a case whether a capable
person of any age can decide her treatment," said
Shane Brady, the family's lawyer.
Although Jehovah's Witnesses say blood transfusions
go against their beliefs, religion is not the primary
issue, Brady said.
The hearing is expected to resume at 10 a.m.
tomorrow in Superior Court in Toronto.
The court and police don't know where the teen, her
43-year-old dad and 41-year-old mom are, but Brady
said they will be at the hearing.
The hearing is to challenge an April 11 B.C.
Supreme Court ruling ordering the girl to undergo
blood transfusions.
B.C. courts ruled the girl is capable of making a
decision, but B.C. law requires that a person be 19
years or older before they are allowed to refuse
lifesaving medical treatment.
Brady denied that the family came to Ontario last
weekend to enter a more lenient judicial jurisdiction
that would override the B.C. rulings.
BETWEEN TREATMENTS
He said the teen is between chemotherapy treatments
and came to Toronto seeking a second opinion from the
Hospital for Sick Children and, if necessary, from a
U.S. hospital.
He refused to say if he knows where the family is
staying, but he said authorities in Ontario, such as
the Children's Aid Society, know her whereabouts.
The girl had surgery to the right leg to remove a
tumour.
Brady said the teen is seeking an alternative to
blood transfusions. He said reports that she needs
urgent transfusions were "grossly unfounded."
The teen, who usually covers her bald head with a
hat, is believed to be using crutches or a wheelchair.
An air ambulance to return her to B.C. is on standby,
sources said.
A Priest's Story
April 30, 2005
The Wall Street Journal has an article about a priest falsely accused of sexual molestation. The
motive for the accusations is to get settlement money
from the Catholic Church.
In the 1980's there was a wave of prosecutions of
daycare operators for ritual Satanic abuse of children
in their care. Notwithstanding the absurdity of the
accusations, hundreds of people were convicted and
jailed. In at least some cases, such as the Amirault
case, the convictions were supplemented by large
insurance payouts to compensate the purported victims.
The first journalist to write critically of the
prosecutions was Dorothy Rabinowitz. In an article in
Harper's, and later many articles in the Wall Street
Journal, she exposed the fallacious cases against Kelly
Michaels in New Jersey and the Amirault family in
Massachusetts. The tide turned, and over the next 13
years, all of the criminal convictions fell apart, and
the prisoners have been freed.
A decade later, large numbers of Catholic priests
were accused of sexual abuse. Many have been convicted
and are serving time, and the church has paid millions
of dollars in damages. Now the same Dorothy Rabinowitz
has written an article in the Wall Street Journal
questioning the truth of the allegations against one
convicted priest, Gordon MacRae. If this kind of
journalism spreads beyond the Wall Street Journal, we
may see more cases of falsely accused priests.
Today in the US and Canada, millions of families have
been broken up by family law in its two main forms,
divorce and child protection. So far no journalist of
the Rabinowitz caliber has seriously questioned the
actions of the family destruction industry. Maybe in
the future another series of articles exposing the sham
of child protection will open up the eyes of the public
at large to the atrocities now occurring daily.
In case this article disappears from the web, here is
our local copy, A
Priest's Story.
Anne's Father Reports
April 29, 2005
Canada Court Watch has posted a letter from Anne's
father (pdf) giving more details about his family's
ordeal. It suggests that lawyer billings in the case
are approaching a quarter million dollars, and that an
anonymous letter to his employer reported enough
damaging material from the CAS files to place his
continued employment in jeopardy. See also Anne's full story.
Government Response to Cameron Case
April 28, 2005
On March 21 the London Free Press reported on the case
of Alex Glinka and Cynthia Cameron, who were required to relinquish
custody of their son Jesse in order to get him needed residential treatment.
The case brought on much press coverage and a discussion in the Provincial Legislature.
The announcement by Ontario Ombudsman André Marin on April 25 of
a special investigation into the policy
requiring parents to give up custody in exchange for treatment was
welcomed by CAS reform groups -- for example, a letter by John Dunn (pdf).
Today the Globe and Mail printed an article that may
show the government's intention on this issue. With the
phrase "according to a copy of the directive obtained by
The Globe and Mail", the article surely is the product
of material supplied by the Ontario government. It
starts with the usual political tactic of blaming your
predecessor, John Baird. In short order, it suggests
that additional funding will solve the problem. Really?
In cases where Children's Aid offers to treat a child in
exchange for custody, they already have enough funding.
Maybe they need a policy change instead. Still, over
the next weeks or months, we can expect an announcement
of more funding for Children's Aid, further
strengthening their hand at the expense of parents.
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Ontario Tories cut funding for
disabled kids, paper shows
By KAREN HOWLETT
Thursday, April 28, 2005
TORONTO -- The roots of a controversy dogging the
Ontario government over its treatment of severely
disabled children date back to 2001, when its
predecessors at Queen's Park pulled the plug on
funding for support services.
The Ministry of Community and Social Services sent
a directive to the province's children's aid societies
in January, 2001, ordering the agencies not to enter
into any new special-needs agreements with parents of
disabled children.
According to a copy of the directive obtained by
The Globe and Mail, the ministry said special needs
should be met by "other more appropriate community
service providers."
But local agencies did not have the resources to
provide support services, Children's Aid Society
officials and parents say. As a result, they said,
families were left to fend for themselves or sign away
custody of their children to a CAS in order to gain
access to support services.
"We obviously see it as a problem," John Liston,
executive director of the Children's Aid Society for
London and Middlesex, said yesterday. "If services
had been available, would they be on our doorstep? I
don't think so."
A video about the situation entitled An Act of
Desperation prepared by his office says it all, he
said. "A parent only does this out of desperation and
a sense that if they don't, the child will be worse
off."
Prior to the directive, the province helped
families who needed to put severely disabled children
in residential treatment without requiring the
families to give up custody.
The government was put on the defensive this week
after Ontario Ombudsman André Marin launched an
investigation into whether parents of children with
severe disabilities are being forced to give up
custody of a child to gain access to support
services.
He said his office has received complaints from
half a dozen families.
Minister of Children and Youth Services Marie
Bountrogianni said in an interview that the answer
lies not in reinstating the special-needs agreements
but by providing the funding to train and hire more
therapists so that disabled children don't have to
wait as long to receive help. She said the government
has already provided $200-million for children's
services in last year's budget.
John Baird, the former Progressive Conservative
minister who signed the directive, said it was never
the intention that parents would have to give up
custody of a child. The directive explicitly states
that "parents will not be forced to relinquish
custody" in order to access special needs.
When he learned in 2001 that parents were being
forced to do just that, he said he secured an extra
$28-million in government funding for services. "I
thought it was abhorrent," he said in an interview.
"I said, 'This practice will end immediately.' "
But the practice did not end, said the CAS's Mr.
Liston. Many parents are forced to go through the
anguish of walking into a courtroom and effectively
saying, "I'm abandoning my child," he said.
Tina Grignard of St. Thomas is one of the lucky
parents who narrowly escaped having to give up custody
of her 11-year-old son, Jordan, who has Down syndrome
and severe behavioural problems.
When she began looking for help, Ms. Grignard
said, everyone told her to go to the CAS. Jordan was
moved to a group home in Guelph a year ago, where he
is doing extremely well, she said. He was initially
placed under a temporary custody agreement with the
CAS. Three weeks before the CAS was to assume
permanent custody, and after she had made countless
phone calls and wrote numerous letters to provincial
government officials, funding came through, she
said.
Foster Children Used as Guinea Pigs
April 24, 2005
A scandal broke in New York on February 29, 2004 when The New York Post
published three articles by Douglas Montero describing the use of foster children as guinea pigs in drug
tests. Wendy McElroy wrote a commentary for Fox News at the time. In November
2004 the controversy was renewed when the BBC broadcast a program New York's
HIV Experiment based on the story of foster mother Jacklyn Hoerger.
While this story lacked some essentials, such as the name of the drug
used, or the scientists in charge, it was a damning account. Wendy McElroy
published a second
story.
Now the city agency is investigating. From the
story, it appears that a whitewash may be under way.
Here is a story from the New York Times:
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Private Firm to Investigate AIDS Charges Against City
By LESLIE KAUFMAN
Published: April 23, 2005
The city's Administration for Children's Services
has hired an outside research firm to investigate
allegations that the city inappropriately put foster
children into medical trials for AIDS drugs in the
1980's and 1990's and that foster parents who objected
to the trials lost custody of the children.
The agency also said it would form a panel of
national health care experts to review the findings of
the investigation, to be conducted by the Vera
Institute of Justice, a New York-based nonprofit
research group. The agency's commissioner, John B.
Mattingly, said he thought that children's services
had acted appropriately but that he has asked for the
outside investigation to allay concerns raised by some
reporters and by a minority advocacy group. Most of
the children in the trials were African-American or
Hispanic.
"We are taking this step because, while we believe
that the policies in place at the time reflected good
practice, we acknowledge the need for transparency in
all of our dealings with the public," Mr. Mattingly
said. "For us to be effective in our mission to
protect New York City's children, we must have a sense
of mutual trust with those families we seek to serve."
Accusations that the city had allowed babies in
foster care who were not perilously ill to be used in
medical testing of AIDS drugs were first reported in
The New York Post in 2004.
At the time, officials from the agency and from the
hospitals where the trials had taken place said they
had been legitimately conducted on only foster
children dying of AIDS who had no other medical
options at the time.
But when Mr. Mattingly took over as commissioner
last August, he decided to do an internal review of
agency records to be sure that no inappropriate trials
had been conducted.
Yesterday, he said that exhaustive reviews of
available records had produced no evidence that the
agency acted wrongly. The review by the agency staff,
he said, determined that about 465 children had taken
part in the trials between 1988 and 2001, with most
participating before current treatments for AIDS
became commonly available.
He said that according to the records only two
children were removed from foster parents who refused
to undergo the trials and that both of those children
had serious medical conditions that required
treatment.
But Vera Hassner Sharav, the president of the
Alliance for Human Research Protection, a
Manhattan-based medical watchdog group that has
pressed for a more thorough investigation, said that
the agency could not be relied upon to conduct a fair
investigation. She said that documents filed with the
federal government showed that many of the foster
children were only presumed to have AIDS. "It's a
hell of a thing to give a child toxic drugs when they
are only presumed to have AIDS," Ms. Sharav said.
Addendum: Wendy McElroy has another article
reacting to the announcement of the investigation by ACS, Transparency Crucial for Accountability.
Anne Pleads with Canadian Tire
April 21, 2005
The girl Anne has found that Canadian Tire is funding
Children's Aid, and has written a letter to Canadian
Tire requesting them to cease their support.
Persons wishing to help Anne can leave a message for
the president of Canadian Tire toll-free at
1-800-387-8803. The email of the department of Canadian
Tire responsible for this function is
foundationforfamilies@cantire.com and they have a Canadian Tire Foundation for Families website.
Dr Dolores Sicheri joined Anne with her own letter to Canadian Tire President and
Board of Directors.
Here is the webpage of the York Region Children's Aid Society thanking Canadian
Tire. In case it changes in response to
controversy, we record its content on April 21, 2005
(without the embedded links):
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On September 30, 2004, Canadian Tire Associate
Dealers from across the Toronto Suburbs presented four
vans to the Children's Aid Societies of York, Peel,
Durham and Halton Regions through the Canadian Tire
Foundation for Families.
The total contribution of the three-year lease for
all four vehicles comes to nearly $90,000.
The Society is very fortunate to have such a
valuable partnership with Canadian Tire Foundation for
Families. The Foundation for Families objective is to
help families when they need it most. Throughout
recent years the Foundation for Families and York
Region CAS have worked closely together to provide our
children and families with the help and support they
need and deserve.
The van continues to be an invaluable component of
day-to-day service delivery. It has been used for a
variety of purposes, including the transportation of
children to recreational activities such as the CAS
annual Camp Chipmunk as well as other essential
services. The new van was also quite useful during
the holiday season to deliver toys, food and gifts for
the 28th Annual Christmas Program.
The donation celebrated the beginning of Child
Abuse and Neglect Prevention Month in October.
Chartier Wanted in Sweden
April 13, 2005
Marie-Emilie Chartier, who escaped from Canada with
her three children in March, has been refused permission
to stay in Sweden. Her current whereabouts are
unknown.
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CNEWS, Wed, April 13, 2005
Mom, kids seen in Sweden
Authorities miss chance to nab child abductees
By ANDREW SEYMOUR, Ottawa Sun
AN OTTAWA mom accused of abducting her four kids
has disappeared again after approaching immigration
officials in Sweden asking to remain in the European
country. Ottawa police said Marie-Emilie Chartier
approached Swedish officials on March 31 asking for
permission to remain in the country with her four
children, Marie Alexandre, 12, Michael, 8, Aniel, 6,
and Mariel Charlotte, 5.
Chartier, 35, is wanted by Ottawa police after
allegedly taking the children March 15 from their
grandmother's house and heading to Montreal, where she
boarded a flight to Amsterdam. She then continued on
to Stockholm.
Despite the fact Ottawa police sent out an Interpol
alert to 52 countries in the days after the alleged
abduction, Ottawa police Det. Gina Rosa said it
wasn't until after Swedish authorities started
processing her request that anyone realized she was
wanted in Canada.
By the time Swedish officials went to tell her her
application was rejected and take her into custody,
she had vanished again.
"The officials are in possession of her passports
and her expired airline tickets," Rosa said, adding a
Swedish inspector has now joined the case in hopes of
tracking Chartier down.
Even though she is now without her passport, Rosa
said Chartier can still travel by car, boat and train
to more than a dozen other Western European nations as
a result of the Schengen Cooperation, which allows
people to travel without passports among member
countries.
Rosa said Canadian authorities intend to ask that
Chartier, who is wanted on a Canada-wide arrest
warrant, be extradited back to Canada to face four
counts of abduction and a breach of probation.
If and when the children are found, Canadian
officials could face a lengthy legal battle to return
them home.
An application needs to be made under the Hague
Convention and that can only be done if she is found
in a country that abides by the international legal
agreement.
Police said it appears Chartier planned the trip
well in advance, securing passports for herself and
her children as well as contacting several travel
agents to arrange for plane tickets to Stockholm.
Rosa said police are still unsure how Chartier is
supporting herself or the children while in
Sweden.
andrew.seymour@ott.sunpub.com
Marie Bountrogianni Speaks
April 13, 2005
Minister of Children and Youth Services Marie
Bountrogianni spoke to the University of Toronto School of Social Work
on March 30, 2005.
She proudly announced a massive expansion of child
care and early learning across the province. She also
announced a policy of protecting children from the
dangers of the internet, one reminiscent of efforts a
generation ago to protect children from the dangers of
crime comics and pinball machines.
Anne Arrested
April 13, 2005
In the continuing story of Anne, she was arrested
by police and forcibly placed in a group home. The
police won't admit that this kind of action is an
arrest, they call it "protection". She was taken by
force -- the police told her she had no choice but to
accompany them, and they broke down a door to get to
her.
In other incidents reported in Anne's affidavit
(pdf), she was subject to constant threats by social
workers, denied the opportunity to read court papers
"served" on her, and her brothers were excluded from the
court hearing in her case.
Mother Rescues Baby from CAS
April 12, 2005
Lisa Heughan
Another mother has escaped from CAS with her baby. In this case, the
mother is a 38-year-old woman, Lisa Heughan, who took her six-week-old girl,
Graciana Heughan, from visitation. The OPP and Toronto Police
Service (pdf) have issued Amber Alerts. Once again, be on the lookout
for a mother caring for her child!
Addendum: The mother and unharmed baby were
found by police early on April 13. There are grounds for suspicion when
police take action against a person, but cannot say why. Here is all that
is known of the reason for the intervention, from an article in the National Post:
Ms. Heughan, Det. Briggs said, suffers from "very
serious mental issues," adding she has a history of
problems with drugs and alcohol.
The Children's Aid Society removed the baby from
the woman's custody shortly after the birth at St.
Michael's Hospital.
"There was an incident that occurred at the
hospital after the child was born involving the mother
that caused some concern for Children's Aid," said
Detective Constable Joe Verissimo last night.
Press reports include much salacious material from the
mother's past as a B-movie actress.
Addendum: On April 20, 2005 a press release from
the Children's Aid Society of Toronto warned news editors to
suppress the names of the persons involved in this case.
The Society fears that when the girl grows up she will be
harmed by the discovery that her mother loved her.
US Congressman Reports on CPS
April 9, 2005
Congressman Joe Baca is a member of the US Congress representing a
district in California including San Bernardino. He held town hall meetings
on the subject of CPS, Child Protective Services. Here is a link to his report to the the Ways and Means Committee, which has held hearings on
the same subject. Mr Baca sounds like anyone else who has listened to
hundreds of stories from victims of child protection. Canada needs the same
kind of attention from the political system. CAS opponents can easily
provide the names of hundreds of witnesses.
Minister Gives Family Cold Shoulder
April 3, 2005
On March 21 we reported the case of Alex Glinka and
Cynthia Cameron who were compelled to give up custody of their son Jesse
so that he could get the treatment he needs. In a debate in the Provincial
Parliament on March 31, Shelley Martel questioned Marie Bountrogianni about this case. Mrs
Bountrogianni offered nothing more than generalities in response, refusing
to promise the family help without relinquishing custody of their son.
Addendum: On April 25, 2005 Ontario Ombudsman
André Marin announced a special investigation into policies that force parents to abandon
parental rights when getting residential care for disabled children. This
may be the beginning of a solution, or the politicians getting rid of a
hot-potato.
OACAS Suggestions for Social Worker Act
April 1, 2005
Earlier we reported Dr Dolores Sicheri's suggestions
for changes to the Social Work and
Social Service Work Act. Now we have the OACAS suggestions (pdf). They want
complaints to the College of Social Workers delayed
until exhausting complaints within the Children's Aid
Society. Since that process took John Dunn four years,
this ensures that complaints will be stale by the time
the College sees them. They also want the material in
any complaint to the College to remain secret, not only
during the complaint process, but after the final
decision is rendered.
Ontario Moves to Open Adoption Records
March 29, 2005
The Ontario Legislature today began consideration of a law to permit
disclosure of adoption information to adoptees and their natural parents.
Here is a press
release on adoption disclosure and the text of bill 183.
Dear Abby Supports CPS
March 27, 2005
Today's Dear Abby column is supportive of child
protective services. While Abby sends her message to
millions, victims of child protectors cannot tell their
stories in the media. No one who has seen the result of
a complaint could in good conscience follow Abby's
advice.
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Suspicion of abuse shouldn't go unreported
Mar. 27, 2005 12:00 AM
DEAR ABBY: I'm not a licensed caregiver, but
I baby-sit for a neighbor child, "Caleb." The boy is
too young to tell me if he's being abused, but I'm
concerned about his home environment. Caleb spends
eight to 10 hours a day with me, and I have noticed
that he's afraid of men and easily frightened.
Caleb's uncle, who lives with him, is a violent
drug user. His mother breaks probation a lot, goes
out after curfew and drinks.
Caleb often comes to my home unfed, even though the
original agreement was that I would prepare lunch and
snacks only. Now I'm doing much more than that.
Am I legally responsible to report my suspicions of
abuse and/or neglect as a day-care would? And who
exactly do I call? Please advise. - Caleb's
Caregiver
DEAR CAREGIVER: You aren't legally required
to report your suspicions of abuse and neglect of the
child; however, you are morally required to do so.
Child-protective services should be notified about
what you've told me. They're listed in your phone
directory.
Commentary on OACAS Proposals
March 24, 2005
The OACAS proposals to amend the Child and Family
Services Act are the subject of more comments. Here is
a critique by Dr Dolores A Sicheri, followed by comments
from an internet discussion group. Note also the letter to Marie Bountrogianni
from three members of the Advisory Committee for Child
and Youth Services, posted here in an untimely
manner.
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Evaluation of the OACAS
Position Paper on the Reform of the CFSA
The OACAS wants the Ontario Government to give it a
bigger blank check to deliver child welfare services.
The proposed changes will further erode the rights of
children and families. It will give these agencies
"Gestapo" powers with no accountability. They will
answer to no one, not even the Minister.
- It sidesteps the legal issue involving the repeal
of Section 43 of the penal code issue by placing a
civil ban on any corporal punishment of children
including spanking. This use of corporal
punishment will be grounds for apprehension or
"taking into care."
- The family conferencing process will lack
confidentiality. It will be subject to the same
reporting process detailed elsewhere in the Act.
The CAS will train the mediators to their
standards. This will be a biased process
- Any family squabble will cause "emotional trauma
to the child." This is too broad. It punished
both parents. It will force shotgun divorces.
- Caregiver behaviours are too broadly defined and
subject to interpretation. Parents are often
labeled as mentally ill when they are simply
defending their parental rights. If the parent is
a target, any alcohol or porno are grounds for
removal of the child. Porn especially is a
subjective thing. A casual sexual relationship
might be interpreted as porno and as causing
emotional harm. The CAS will be judge and jury
for morality issues.
- Residential placement for "special needs" children
should not require the termination of parental
rights or the finding of protection. It does not
guarantee funding for "special needs" agreements.
- We are now going to apprehend young adults capable
of marriage and going into military service as
"children." Some 18 year olds will be adult and
others will be children.
- The OACAS wants the need for legal warrant to
seize the child be eliminated but be retained for
child already in care. The CAS can seize any new
child with armed force without a warrant. A
warrant will only be used to return to CAS a child
already in care. This will further erode the
legal rights of families to a legal process. They
will no longer have the same protection of due
process as criminals. They will be less than
criminals.
- They will require professionals working with
children to report under penalty of fine or loss
of license.
- The implementation of the differential response
model for low risk cases is a positive step.
- Permanency planning means that at six months, the
child is free for adoption. The age of the
youngest child sets this time limit for the entire
sib group. The CAS will be done with the parents
in short order. There will be none of these
expensive drawn out legal battles.
- A place of safety can be any group home. It will
use its Fast Track System to keep files on
everyone and to share them with others without
consent. George Orwell's 1984 has finally
arrived.
- The word "kinship" is broadened to include the
child's community. This is too broad even for the
aboriginal child. It will include the foster
parent. These "kin" can be paid.
- They can collect information on you without your
consent and transmit it all over the country.
There is nowhere you can hide from them, "the
Children's Gestapo."
- Anonymity is guaranteed all the snitches except
the professionals
- If an error is made, the error remains forever in
your file. It cannot be expunged.
- The child does not testify. They can use only
their doctored notes.
- Agreed statements of facts can be used at a later
time to re-apprehend children. Cases can now be
based on what happened in the remote past.
- Long term private custody orders can be given to
kinship which will now include foster parents.
- The criteria set forth for "status review
application" will render it impossible to obtain.
- Restraining orders can be obtained even for
children who have yet to be found in need of
protection.
- One will be prosecuted by the Crown Attorney
legally for failing to report. CAS will not incur
the legal cost of prosecuting these professionals.
- The case can be brought in a different
jurisdiction from where the child and parents
normally reside. It will make it difficult for
the poor parent to pursue the case in a remote
jurisdiction.
- Protection supersedes the "best interest of the
child"
- The CAS wants the supervision order to state that
it has both care and custody of the child.
- If the child dies in CAS care, the protection
order ends and the parents can pay the funeral
expenses.
- Protection orders started elsewhere will be
continued in Ontario. One cannot run away to
another jurisdiction.
- The CFSA case can run simultaneously with a
custody divorce case but it has to be disposed of
first before a final order is made in divorce
court.
- Ontario can go to another jurisdiction to pick up
a child on whom it already has a protection order.
- The Ministry and the Board of Directors will no
longer hear the client's complaints. The
complaint process has been deemed irrelevant as no
one can overrule the Executive Director. The CAS
will be an entity onto itself.
- The Child Abuse registry has been eliminated
because of the excessive legal costs it generates
with expungement lawsuits. This Fast Track
Information System is a more comprehensive system.
- If the organization becomes insolvent or collapses
due criminal misconduct, the Board of Directors
will be protected from prosecution much like the
officers and employees of the Society. The Board
of Directors will have no legal liability.
- The computer checklists will replace the team of
professionals used to assess risk. Common sense
in the evaluation process will no longer exist.
- The Minister will no longer have input into the
framework of the legal 5-year review of the Act.
Dolores A. Sicheri MD FRCPC
Parents Advisory Committee for Child and Youth
Services
Windsor, Ontario
March 22, 2005
On an internet discussion group, the provision to
open records to crown wards after reaching adulthood
received some criticism. The OACAS proposal opens the
records, subject to some exceptions. The fear is that
every case will be treated as one of the exceptions,
thereby changing secrecy from an informal administrative
policy as it is now, to a policy mandated by law.
Family Escapes from Children's Aid
March 22, 2005
The mother wanted on a Canada-wide warrant for taking her
own children has successfully escaped from Canada.
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Fugitive mother, 4 children flew to Sweden
Updated Mar 22 2005 08:13 AM EST, CBC News
OTTAWA – Ottawa police now say the
woman who was wanted for allegedly abducting her four
children did board a plane for Sweden, with the
children, last week. On Monday, police said they
thought she might still be in Montreal.
Detectives now have information that shows
Marie-Emilie Chartier flew out of Montreal's Pierre
Elliott Trudeau International Airport exactly one week
ago, en route to Stockholm.Police say they'll be
working with Swedish authorities to try to make sure
the children are safe. Chartier is wanted on a
Canada-wide warrant. Her three girls and a boy,
between the ages of 6 and 12, had been seized by the
Ottawa Children's Aid Society last year. Recently,
they had been placed in the custody of their
grandmother. Last Tuesday night, Chartier took her
children, and told their grandmother she was going to
spend the night at a friend's house.That's when she
disappeared.
CAS Compels Parents to Abandon Son
March 21, 2005
The parental dilemma reported in the following
article is common among parents of children with
disabilities. CAS refuses to help the child until the
parents abandon him to the care of CAS. The Larcade
suit referred to in the article is one that seeks to
increase funding for Children's Aid. Here is the
article from the London (Ontario) Free Press:
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Parents forced to 'abandon' son
CAS involvement was the family's only option to
get help for their troubled son.
JOE MATYAS, Free Press Reporter
2005-03-21 02:08:51
Today, London mother Cynthia (Cyndi) Cameron is
doing the once unthinkable. She's telling other
Londoners publicly that one of her sons is a temporary
ward of the Children's Aid Society.
She was once loath to discuss it beyond her family
and friends because of the public stigma often
associated with the mere mention of involvement with
the CAS.
"To be painted with that brush is painful and
hurtful," says Cameron, "but the harsh reality is we
were left no choice but to enter a temporary care
agreement with the child protection agency. It was
the only way we could get the special services we
needed for our son."
Jesse, now 14, is a young man with complex
problems, including autism and behaviour and attention
problems associated with a cyst on his brain.
A natural mimic, Jesse could always make the whole
family laugh. But he could also fly into rages,
injuring himself and breaking objects in his wake as
he flailed his arms and legs and head-butted walls and
people. He gave himself a concussion and his mother
whiplash from doing that on two occasions.
After Jesse had problems at school, Cameron and her
husband, Alex Glinka, sought special services for
Jesse.
Their son was deemed to be a priority case about
three years ago by regional social services
administrators.
After waiting in vain for services for two years,
Cameron voiced her frustration to a London doctor
about a year ago.
She cried all the way home from the doctor's office
after he suggested the CAS as the way to get the
services for Jesse.
Today, thanks to an agreement with the CAS, Jesse
is in a group home in Barrie.
But Cameron is afraid she'll be forced to give up
custody of her 14-year-old son permanently this summer
to keep the placement.
Tina Grignard of St. Thomas sympathizes with
Cameron.
She and her husband Paul were in exactly the same
situation recently with respect to their 11-year-old
son, Jordan, one month away from having to give up
their parental rights permanently to keep him in a
Guelph group home under a placement arranged by the
CAS.
Officially, Jordan was under the "protection" of
the CAS and the Grignards had "abandoned" their son.
In fact, they had voluntarily entered into an
agreement with the CAS to get services for Jordan and
were visiting him regularly in Guelph and bringing him
home for weekends and special occasions.
"We never abandoned Jordan," says Tina Grignard,
"but the only way we could get the services he needed
was through the CAS."
The Grignards were granted services for Jordan as
parents this month after a three-year battle.
She and Cameron have been told that there are about
50 special needs kids in Southwestern Ontario on
waiting lists for services and placements.
Some of their parents, like Cameron, are thinking
of joining a $500-million class action lawsuit
launched in 2001 by Anne Larcade of Huntsville and her
son Alexandre Larcade against the Ontario government,
on behalf of families with special needs children.
Larcade's lawyers contend such children have been
denied services which they're entitled to by
provincial law because of inadequate government
funding.
And they say that some parents have been advised
that the only way they could obtain funding for their
special needs child was to relinquish custody to the
Children's Aid Society.
The London Free Press
Addendum: On March 31 the provincial parliament debated this case.
Police Hunt for Mother
March 19, 2005
Here is another case where police are hunting for a
mother who took her own kids from CAS custody. You can
help. When you see a mother caring for her own kids,
call the police! This article was copied from the
Ottawa Sun by John Dunn.
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Sat, March 19, 2005
Massive hunt on for mother, 4 kids
Warrant issued in alleged abduction
By LAURA CZEKAJ, Ottawa Sun
A CANADA-WIDE arrest warrant has been issued for an
Ottawa mom who allegedly abducted her four children
for whom she lost custody. Marie-Emilie Chartier, 35,
and her daughters Anael, 6, Mariel Charlotte, 5, Marie
Alexandre, 12, and son Michael, 8, have been missing
since Tuesday and police believe they might be in the
Ottawa area.
"Our concern is just getting the children back to a
safe place," said Det. Gina Rosa.
Ottawa police have alerted officials at area bus
and train stations as well as the airport. Border
patrol officials, RCMP and law enforcement agencies in
the U.S. have also been contacted.
The court ordered that the children be removed from
Chartier's care in November 2004 and placed them in
the care of the Children's Aid Society (CAS).
Chartier's mother was allowed visitation with the
children, who were supposed to stay at her house the
night they disappeared.
According to the grandmother, who had custody at
the time of the abduction, Chartier left the house
with the kids on Tuesday at around 3 p.m.
"She told me that she was going to sleep over at a
friend's house with the kids and would be back the
next day," the grandmother told the Sun.
ORDERED PASSPORTS
Rosa said there is no indication Chartier contacted
anyone that night. She said the children's parents
are estranged and the father has no idea where she
might be.
The grandmother became concerned when her daughter
and the children didn't return as expected on
Wednesday. Police were alerted on Thursday at about 2
p.m.
Rosa said the mom's actions appear to be
premeditated, since she had recently obtained
passports for herself and the children.
Chartier is originally from Haiti, but the last
time she was there was as a child. Police have little
concrete information as to where she may go.
Rosa said there have never been allegations that
the mom has harmed her children.
The CAS, in a statement, said it has "worked
diligently to keep these children safe and place them
with a responsible relative. Often it is difficult
for a birth parent to accept the situation of having
the children taken out of their care."
DON'T APPROACH FAMILY
Rosa said anyone who spots the mother and children
should not approach them, but they should immediately
call police.
Marie-Emilie Chartier is described as a black
female, 4-foot-11, 130 lbs., medium build with brown
eyes and black hair. Anyone with information is asked
to contact Rosa at 236-1222, ext. 5407.
WARNING SIGNS
According to the Missing Children's Network Canada,
a parental abduction is rarely spontaneous and
impulsive but rather a well-thought-out plan that
might include the following:
- resigning from one's job
- selling of property
- liquidating of assets
- closing of bank accounts
- applying for a passport
Changes in behaviour may also signal the
possibility of an abduction. Watch for:
- impulsiveness
- physical violence
- cruelty
- inflexibility
- instability
laura.czekaj@ott.sunpub.com
Conservatives Endorse Divorce Reform
March 19, 2005
The following policy statement was adopted by the
Conservative Party on Saturday, March 19, at their
convention in Montreal:
Shared Parenting:
A Conservative government will make the necessary
changes to the Divorce Act to ensure that in the event of
a martial breakdown, the Divorce Act will allow both
parents and all grandparents to maintain a meaningful
relationship with their children and grandchildren, unless
it is clearly demonstrated not to be in the best interests
of the children.
The policy was adopted with strong support and almost
no opposition.
At the provincial level, all major Ontario parties
support the current family destruction apparatus. But
at the federal level, the Conservative Party seems to
have the best policies on family law.
John Tory Elected to Represent Dufferin
March 17, 2005
With all polls reporting, Elections Ontario reports that John Tory has been elected as the MPP
for Dufferin-Peel-Wellington-Grey. The votes for the candidates are:
| Candidate | Party | votes
| | Bender, Philip | Libertarian | 135
| | Cook, Bill | Independent | 163
| | De Jong, Frank | Green | 2767
| | Duncanson, Bob | Liberal | 4625
| | Mcdougall, Lynda | NDP | 3881
| | Micelli, Paul | Family Coalition | 479
| | Tory, John | PC | 15610
| | Turmel, John C | Independent | 85
|
Illinois Judge Outlaws Threats To Children
March 15, 2005
For years child protectors have extorted parents by
telling them their children will be taken unless they agree
to service plans. Now a judge in Illinois has ruled that
the process is illegal. Maybe judges in Canada will
eventually see things the same way. This article from the
Chicago Tribune on Judge Pallmeyer's ruling also deals with
the devastating consequences of falsely extorting agreements
from parents.
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DCFS threats to take children ruled illegal
By Ofelia Casillas and Matt O'Connor
(Chicago) Tribune staff reporters
March 15, 2005
A federal judge ruled that Illinois families were
deprived of their constitutional rights when state
child welfare officials threatened to separate parents
from their children during abuse investigations.
In a decision made public Monday, U.S. District
Judge Rebecca Pallmeyer found "ample evidence" that
families suffered emotional and psychological injuries
because the separations lasted "for more than a brief
or temporary period."
The judge didn't fault the Illinois Department of
Children and Family Services for erring on the side of
caution in such cases, but she held that parents had a
right to know the length of the expected separations
and how to contest the restrictions.
In telephone interviews with the Tribune, families
described being shocked, paranoid and frightened by
the allegations that some thought would result in them
losing their children. Parents felt that caseworkers
assumed them to be guilty.
A father from Skokie spent almost a year away from
his family, and the effects of the rift that developed
between them remain years later.
"I don't think it can ever be repaired. We are all
broken up; we are not bonded the way that we used to
be," said the father, who requested that he only be
identified by his first name, Patrick. "I cannot get
over what they did to me. It devastated my whole
entire life. I can never be the same again."
The ruling shows the dilemma facing the
oft-criticized DCFS in its charge to protect children
from harm but also keep families together when
possible.
At issue are safety plans, part of the wholesale
reforms instituted by DCFS after the public uproar
over the horrific 1993 death of 3-year-old Joseph
Wallace, who was killed by his mentally ill mother
after he was returned to her by the state.
In her decision, Pallmeyer essentially held that
DCFS had gone too far in protecting children and had
eroded the constitutional rights of parents.
The safety plans are supposedly voluntary
agreements by parents in most cases to leave their
home indefinitely or stay under constant supervision
after investigations into child abuse or neglect are
launched, often based on tips to DCFS.
But most of the families who testified at a 22-day
hearing in 2002 and 2003 said the investigators
threatened to take away their children unless they
agreed to the safety plans.
"When an investigator expressly or implicitly
conveys that failure to accept a plan will result in
the removal of the children for more than a brief or
temporary period of time, it constitutes a threat
sufficient to deem the family's agreement coerced, and
to implicate due process rights," Pallmeyer wrote in
the 59-page opinion.
"Significantly, [DCFS] has not identified a single
family that, faced with such an express or implied
threat of protective custody, chose to reject the
plan," the judge said.
Pallmeyer gave DCFS 60 days to develop
"constitutionally adequate procedures" for families to
contest the safety plans.
Diane Redleaf, one of the plaintiffs' attorneys,
said about 10 families were involved in the court
case, but that Pallmeyer's decision would affect
thousands of families who agree to safety plans each
year.
"Instead of protecting children, the state is
actually destroying families and hurting children,"
Redleaf said.
Diane Jackson, a DCFS spokeswoman, said
Pallmeyer's review of safety plans was limited to 2002
and before and didn't consider changes since then.
"We have definitely made changes," said Jackson,
declining to be more specific until DCFS can report to
Pallmeyer.
Cook County Public Guardian Robert Harris
applauded Pallmeyer's decision.
`No real due process'
"It's abridging both the children's and the
parents' rights to have that amorphous safety plan
that could go on forever," he said. "There is no real
due process. There is no [procedure] to complain
unless you have some money to hire a lawyer."
This is the second significant ruling by Pallmeyer
to go against DCFS stemming from the same lawsuit. In
2001, she found that DCFS investigators often made
findings of child abuse on little evidence, unfairly
blacklisting professionals accused of wrongdoing. The
judge extended new protections to teachers, day-care
providers, nannies, social workers and others who work
directly with children. Those protections are
intended to keep the falsely accused from losing their
jobs.
As part of assessing whether a child is in danger,
DCFS specialists determine whether one of 15 safety
factors is present, including if a household member is
violent or sexual abuse is suspected. For DCFS to
determine a child to be unsafe requires the finding of
only one safety factor, some of which require little
or no evidence of risk of harm--a fact that drew the
criticism of plaintiffs.
But Pallmeyer defended that practice, concluding
that "it is not improper for DCFS to err on the side
of caution given the significant state interest in
protecting children from harm."
But the plans can't remain in place indefinitely,
she held.
According to the decision, one day-care worker
accused of improperly touching a child was forced out
of his own home for nearly a year before a judge at an
administrative hearing cleared him of the
charges--based in part on information available early
on.
Patrick, the father from Skokie, spent 11 months
away from his three children and his wife, missing
their birthdays and a wedding anniversary.
Even though the allegations concerned his
workplace, a DCFS investigator threatened to put his
children--a boy, then 10, and two girls, then 12 and
13--in a foster home unless he moved out of their
home, Patrick said Monday.
He went home, grabbed a few belongings and later
moved in with his sister in Chicago.
"I was put out on the street," said Patrick,
crying. "I was just totally violated."
It wasn't until a month later that he was able to
explain the circumstances to his children after the
caseworker allowed a visit.
Heart-wrenching goodbyes
Soon, the father was able to see his children at
church and later had supervised visits. The goodbyes
were heart-wrenching, Patrick recalled.
"I would have to come here after my wife got off
work, and then I would have to leave," the father
said. "It was really emotional every time I left,
every single night. And my kids didn't understand why
I had to leave. They were very confused and very
hurt. They still are."
At the time, his son was acting up at school. His
daughters cried in class, their grades falling, he
said.
After he was cleared of the allegations in
December 2001, Patrick was unable to find a job in
child care, despite about a decade of experience. The
lengthy separation changed his relationship with his
family, he said.
"I never got any type of apology, any type of
thing to say your kids might be messed up, let us give
you counseling," Patrick said of DCFS.
In another case, James Redlin, a teacher, was
accused by a passenger of inappropriately touching his
son, Joey, then 6, who suffers from a mild form of
autism, during a Metra train ride to the Field Museum
in the summer of 2000.
Joey's mother, Susan Redlin, said Monday that her
husband was tickling their son, carrying the boy on
his lap and holding him up to look out the window.
DCFS required that the father not act as an
independent caretaker for his son until the case was
resolved, effectively leaving the family "prisoners"
in their own home, according to the court ruling.
Joey's mother, responsible for supervising her son
under the safety plan, has multiple sclerosis and uses
a wheelchair. "My husband and son could not be out of
my sight," she said.
The husband was cleared of wrongdoing by
September. Until then, father and son were forced to
forgo trail hikes, carnival adventures, movie
outings--and plans to teach Joey how to ride a bike.
"It made Jim awfully leery of being alone with
Joey, even hugging him, even holding hands," Susan
Redlin said. "That was the worst. If I enjoy hugging
my [son], am I a pervert?"
Just Sunday, Susan Redlin said, she was out with
her son and was about to swat him jokingly on the rear
when she stopped herself.
"I did not do that," she said. "What if someone
is watching?"
Addendum: April 1, 2005. Here is the opinion of Judge Rebecca R Pallmeyer
(pdf) recovered from the website of James R Marsh.
Marguerite Dias Sentenced in Machete Attack
March 15, 2005
Today Marguerite Dias was sentenced for the machete attack on Madelene
Monast. The Toronto newspapers suppressed the name of the attacker, but the
Ottawa Citizen published it. The article below comes from the National
Post.
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Machete attacking mom sentenced
Canadian Press
March 15, 2005
TORONTO (CP) -- A woman was sentenced to 10 years
in prison Tuesday for hacking off her neighbour's
hands in a savage machete attack.
The 40-year-old woman had pleaded guilty earlier to
the attempted murder of Madelene Monast on June 11,
2003.
She wrongly believed Monast had reported her to the
Children's Aid Society. In fact, the agency had been
notified by school authorities. The CAS and police
took four of her five children into custody. They
have all since been returned to her mother's care.
On Tuesday, the woman was handed a 10-year prison
sentence which, in effect, becomes a six-year sentence
when time-served is factored in.
Court heard that the woman took a machete and
ambushed Monast in her townhouse.
Monast instinctively tried to shield herself with
her hands, but the woman severed her left hand
"leaving it hanging by some tissue" and cutting the
side of her face, the Crown said.
A frightened Monast hid behind a basement door as
the woman tried to hack through it with the machete.
When it appeared quiet, Monast emerged, but the woman
swung again, severing her victim's right hand.
Emergency surgery re-attached Monast's hands, but
the fingers on her right hand aren't functional and
her wrist has been fused.
The attacker still faces an assault with a weapon
charge, laid in 2002, for allegedly hurling beer
bottles at Monast.
OACAS Wants More Power for Children's Aid
March 14, 2005
The OACAS has released its Proposed Child and Family Services Act
Amendments (pdf file). As expected, they include
many provisions expanding the powers of Children's
Aid:
- A child is now anyone under age 18. This should
eliminate the habit of crown wards returning to
their natural families at age 16.
- The term "crown ward" is changed to "permanent
ward". This is no real change, just an attempt to
eliminate a term that has become ugly.
- Warrants will no longer be necessary to enter a
private place for purposes of removing children.
Forget a half a millennium of common law protections
against the police.
- The penalty for not snitching is to increase from
$1000 to $5000.
- In a concession to the realities of foster care,
protection orders now end with the death of the
child. This may be some help to parents who wish to
sue for wrongful death.
- A provision allowing Children's Aid to assist a
family by placing a homemaker with the family to
help care for the children is to be eliminated.
- Complaints within Children's Aid need no longer be
heard by the board of directors.
- The Child Abuse Register and Child Abuse Review
Teams are to be eliminated. Information may now be
shared between Children's Aid Societies without
parental consent, eliminating the need for the
register. The Child Abuse Register was eliminated
by the 1999 legislation, but that section was not
proclaimed into law.
- A set of somewhat technical sounding changes further
erodes the standards for "evidence" used in court
proceedings against a family.
Some provisions expand the reasons for taking a child
away from his parents:
- Corporal Punishment. The criminal code, and the
Supreme Court of Canada, explicitly permit parents
to engage in corporal punishment. Now, it will be
forbidden with the CFSA. So parents will not go to
jail for spanking, they will just lose their
children.
- Domestic Violence. When mom and dad have a squabble
(as slight as raised voices), the children will go
into foster care.
- Significant Alcohol and/or Drug Usage. This seems
to be directed toward marijuana and cocaine. But
curiously, the word drug in the wording may let CAS
take kids from diabetics, while a clever lawyer may
argue that Cannabis sativa is an herb, not a drug.
- Exposure to Pornography. Is it best to shield
children from sex, or teach them at the earliest
possible age? This used to be a matter for parental
discretion, but no longer. Anything that could be
deemed pornographic is grounds for child removal.
And with the definition of a child expanded to age
18, any teenaged boy with a copy of Playboy could
get all his younger siblings removed to foster
homes.
There is one set of provisions that seem to be
genuine reform. When an adopted child is issued a birth
certificate, it will identify the connection between
parent and child as adoption, rather than as at present,
suggest that the adoptive parents are the birth parents.
The legislation does not give the child the right to see
his original birth certificate, even after the child
reaches the age of majority.
Another reform lets a person see his own records.
This includes the ability of adult children to look at
their records, and the right of parents to examine the
records of their children. The OACAS seems to be
responding to a lot of criticism with these suggestions.
It remains to be seen whether foot-dragging will nullify
these reforms.
Mother Shoots at Social Workers
March 14, 2005
A mother harassed by CPS in Texas lost it on March 3,
2005 and fired gunshots at social workers. Before she
pulled out her gun, the wrongdoing alleged against the
mother was that there were pets in the home and the boy's
room was cluttered. Even the separated father expressed
confidence in the mother.
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Worker says she begged to leave
Accused gunwoman's child stays with state
By NANCY MARTINEZ Caller-Times, March 12, 2005
ALICE - Brenda Trevino, a Child Protective Services
investigator from Alice, testified Friday how she took
refuge in a ditch while a mother she was questioning
on drug and physical abuse allegations fired her
shotgun and screamed obscenities at her and another
investigator.
"I asked her to please put the gun down. She shot
two in the air, then turned in my direction and shot.
I tripped and fell on the caliche road, then I went to
the nearest ditch," Trevino said. "I could hear her
say, 'Where the (expletive) are you?' I feared for my
life."
Miller is being held in the Jim Wells County Jail on
bonds totaling $120,000.
Trevino, who was not injured, testified in 79th
District Judge Richard Terrell's court that Vera
Miller, 46, should not have access to her 9-year-old
son. The boy has been in an emergency shelter since
the incident after which CPS took temporary custody.
"The bullet hit my vehicle that was right next to
me. She kept shooting," Trevino said.
"I could just hear lots of shooting; I didn't know
which direction it was going."
In all, 13 shots were fired, officials have said.
Terrell granted the state temporary custody of the
boy and ordered a psychiatric evaluation of Miller and
parenting and anger management classes. A second
hearing is set for April.
Miller was arrested March 3, the night of the
shooting, on suspicion of two counts of aggravated
assault with a deadly weapon, criminal mischief and
abandonment/endangerment child criminal negligence.
She's being held in the Jim Wells County Jail. Bonds
were set at $120,000 - $50,000 on each aggravated
assault charge and $20,000 for the criminal mischief
charge.
The Friday hearing was a civil suit, separate from
the criminal case against Miller. A Jim Wells County
District Attorney's Office spokesman said Friday
afternoon the office had not received the criminal
case yet and refused to comment. The judge on Friday
appointed Alice attorney Gray Scoggins to represent
Miller on the custody issue.
Scoggins refused to comment or allow Miller to
comment. During the hearing, he questioned CPS's
abuse case against his client.
"Would it be safe to say that the allegations were
not supported by the interview," he asked Trevino.
"We weren't able to conduct a full investigation,"
she replied.
The March 3 interview at Miller's house in rural
Jim Wells County had gotten off to a bad start,
Trevino told the court. As soon as they were let in
the house, Trevino said she and another investigator
were told by Miller that they had a 10-minute limit to
interview her son in his bedroom.
"She walked in and said, 'It's _been 10 minutes,
get out of here - now.' "
Trevino said once they were in the living room,
Miller paced back and forth and cursed at the
investigators but calmed down enough to sit on the
couch and answer some questions.
"I asked her if she would consent to a drug test.
That's when she got really angry," Trevino testified.
"She jumped to her feet and said, 'Get the (expletive)
out of here. Get the (expletive) out of here now.' "
Then, Miller pulled a shotgun from under a blanket
and cocked it twice, Trevino said.
Trevino said she pleaded for a chance to leave, and
got cursed, yelled at and shot at in return.
When questioned by the child's court-appointed
attorney, John Lemon, Trevino said the house smelled
like cats and dogs, the boy's room was cluttered and
the house was "in disarray, but livable."
The boy's father, Lionel Rangel, 47, of Oklahoma,
also testified at the hearing. He told the judge he
wanted custody of his son. CPS officials said the
process of placing a child in a home in another state
could take up to six months.
"I am having a real hard time with this. I want
(him) to know that he's not abandoned," Rangel said,
wiping tears from his eyes. "I am here for him and I
always will be."
Scoggins asked Rangel if Miller was a good mother.
"There was nothing she wouldn't do for that young
man," Rangel said.
Debra Ann Palos, the boy's paternal aunt from
Alice, told the judge she wanted to care for the boy,
instead of a foster home, while CPS worked through the
process of placing him with his father.
Contact Nancy Martinez at 886-3794 or
martinezna@caller.com
Ontario to Reorganize Child Advocate
March 8, 2005
In a press release Ontario today proposes to alter the powers of the Office of Child and Family Service Advocacy, identified as the child
advocate in the release. The current officeholder Judy Finlay, has criticized the
treatment of teenagers in jail. The proposed legislation is unlikely to have any
practical effect on the protection of families from social services.
Addendum: Here is a better-informed opinion by John Dunn in pdf.
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McGuinty Government Moves To Make Ontario's Child
Advocate Independent
Delivering On Key Commitment To Vulnerable Children And Youth
QUEEN'S PARK, March 8 /CNW/ - The McGuinty
government will introduce legislation this spring
that, if passed, would better protect the interests of
vulnerable children and youth by establishing an
independent child advocate in Ontario, Children and
Youth Services Minister Marie Bountrogianni announced
today.
"There can be no room for political interference
when it comes to the rights of our youngest citizens,"
said Bountrogianni. "This legislation would entrench
the rights and voices of children and youth to an
extent never before seen in Ontario."
The planned legislation would make the child and
youth advocate an officer of the legislature and as
independent as the auditor general. Under the new
law, the advocate would be selected by an all-party
legislative committee and report directly to the
legislature. Currently, the advocate reports to the
Minister of Children and Youth Services.
"We are committed to giving our children and youth
a stronger voice," Bountrogianni said. "In addition
to affirming the role of the advocate, the McGuinty
government is the first to establish a dedicated
children's ministry to ensure our young people have a
seat right at the cabinet table."
A third-party review of the advocate's office was
initiated by Bountrogianni last year. The review
provided research and recommendations on ways to
enhance the advocate's independence to better protect
the interests of children and youth.
"Elevating the position of the child and youth
advocate to the same level of independence as the
auditor general sends a powerful message that this
government is serious about accountability and
transparency," said Judy Finlay, Ontario's Chief
Advocate for the past 14 years.
The child and youth advocate speaks on behalf of
Ontario's most vulnerable young people, including
children, youth and families involved with the justice
system, foster, group or residential care, or with
physical and developmental disabilities.
"An independent advocate will help ensure that the
laws that protect children and youth from harsh
treatment and abuse are enforced," said Mark Monette,
former Crown ward and member of Youth Piece.
"This planned legislation delivers on a key
commitment of this government and a promise we made to
Ontario's children and youth," said Bountrogianni.
Disponible en français
www.children.gov.on.ca
BACKGROUNDER
A VOICE FOR ONTARIO CHILDREN AND YOUTH
Ontario's child advocate represents children and
youth who are seeking or receiving services under the
Child and Family Services Act, in the youth justice
system, the children's mental health system, the child
welfare system (children's aid societies), and
provincial and demonstration schools for the deaf and
blind.
Legislation requires that children in care be made
aware of their rights and how to make complaints to
the child advocate about unacceptable treatment. That
information must come in a language that the child or
youth understands. This includes information about
the advocate's office and the phone number to call.
Children and youth are entitled to privacy to contact
their family, a lawyer or an advocate. These
requirements have been in place since 1985.
Last year the advocate's office received
approximately 3,200 calls and conducted seven reviews.
The majority of the calls were about standards of
practice for children in residential care,
peer-on-peer violence, children living at home with
special needs and aboriginal child welfare.
In the spring of 2004, the Ministry of Children and
Youth Services commissioned a review of the office of
the child advocate and its role. The recommendations
included making the advocate an officer of the
legislature to enhance their independence, and
clarifying the role and mandate of the advocate.
Disponible en français
www.children.gov.on.ca
For further information: Andrew Weir, Minister's
Office, (416) 212-7159; Anne Machowski-Smith,
Ministry of Children and Youth Services, (416)
325-5156
From the Child and Family Services Act:
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Office of Child and Family Service Advocacy
102. The Office of Child and Family Service Advocacy
is continued under the name Office of Child and Family
Service Advocacy in English and Bureau d'assistance
à l'enfance et à la famille in French,
to,
(a) co-ordinate and administer a system of advocacy,
except for advocacy before a court, on behalf of children
and families who receive or seek approved services or
services purchased by approved agencies;
(b) advise the Minister on matters and issues
concerning the interests of those children and families;
and
(c) perform any similar functions given to it by this
Act or the regulations or another Act or the regulations
made under another Act. R.S.O. 1990, c. C.11, s.
102.
Jury Selection in Halifax Standoff
March 8, 2005
Jury selection has begun for the trial of Larry Finck and
Carline VandenElsen.
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Tuesday, March 8, 2005, The Halifax Herald Limited
Jury selection underway in Halifax standoff case
By BILL POWER / Staff Reporter
Jury selection began Monday in the Nova Scotia Supreme
Court trial of a couple charged after a three-day standoff
with police in Halifax last May.
Carline VandenElsen and Lawrence Finck entered not
guilty pleas to eight charges each, including unlawful
confinement and obstructing police.
Justice Robert Wright has set aside three days for jury
selection and indicated the trial could last at least six
weeks. The court will not sit on Fridays.
The Halifax courtroom was filled with prospective
jurors. The selection process included questions about
prior knowledge of the case.
"A juror must be able to make a decision just on
information presented at trial," Justice Wright said.
A handful of jurors' spots were filled by the end of
the day.
Throughout most of the proceedings, Ms. VandenElsen
and Mr. Finck, who sat beside each other, chatted back
and forth, shared whispers and looked over papers
together.
Ms. VandenElsen was accompanied by her lawyer, Burnley
(Rocky) Jones, while Mr. Finck was with lawyer Raymond
Kuszelewski.
Prosecutors Rick Woodburn and Leonard MacKay are
presenting the Crown's case.
Justice Wright indicated there will be a lot of
evidence to consider and an above average number of
witnesses.
Halifax Regional Police and RCMP officers involved in
the armed standoff on Shirley Street will be called to the
stand, as will officials from the province's Community
Services Department and staff from the Children's Aid
Society of Halifax.
Some Shirley Street residents and two local news
reporters are also on the lengthy witness list.
The only unexpected development Monday was the addition
to the evidence list of three weapons and some ammunition,
but details were not provided. Police seized a 12-gauge
shotgun after the standoff.
Ms. VandenElsen and Mr. Finck are charged with
violating a court order by detaining and concealing a baby
that was to be turned over to the Children's Aid Society
of Halifax. They are also charged with unlawful
confinement, obstructing police and several weapons
offences.
The standoff began after police tried to enforce a
court order to place a child in the temporary care of
Children's Aid.
Mr. Finck's mother, who had heart problems and was in
the Shirley Street house, died of natural causes during
the standoff.
By-election in Dufferin
March 7, 2005
Ernie Eves, the former leader of the Ontario
Provincial Progressive Conservative party, won as MPP
for Dufferin-Peel-Wellington-Grey in the general
election held in October 2003, but his party lost its
majority in the provincial parliament, causing him to
resign as party leader. His replacement as leader is
John Tory. In early February Mr Eves resigned as MPP.
The membership was not advised or consulted on the
choice of the nominee. At a meeting on February 12 the
PC riding association president announced that just one
candidate had tendered nominating papers, selecting him
by default. A love-in by a dozen PC dignitaries praised
John Tory, including former provinicial premiers Ernie
Eves and Bill Davis, and Mr Tory's rivals for the
leadership, Jim Flaherty and Frank Klees. The
conspicuous absence was former provinical premier Mike
Harris. There was no evidence of support for Mr Tory
originating within the riding itself.
The by-election will be held March 17, the third in
less than three years. Tonight there was an
all-candidates meeting in Orangeville. The closed
format of the two previous elections was scrapped, and
members of the audience questioned the candidates
directly. The participants were Frank deJong (Green),
John Tory (PC), Jim Macintosh substituting for Phillip
Bender (Libertarian), Paul Micelli (Family Coalition),
Bob Duncanson (Liberal), Bill Cook (independent) and
Lynda McDougall (NDP). John Turmel (independent) was
absent. Bob Rice did well in the role of moderator.
Each candidate gave an opening statement, there was two
hours of questioning, followed by a closing statement
from each candidate.
The major party candidates described problems and
attacked the opposition, but had few policies. John
Tory's only specific policies were to complete
improvements to highways 10 and 410, and to cut waiting
times for medical procedures (an applause line).
John Tory said he lived in Toronto, and would run in
Toronto in the next general election. Bob Duncanson
claimed long-term residency, though he was unsure how to
pronounce Erin.
Because of the open format there was some discussion
of family issues. Mr Micelli defined the family as the
basic political unit, but did not define policy changes
that could strengthen the family. All of the candidates
except Mr Micelli and Mr Cook supported same-sex
marriage.
Open space facilitator Sylvia Cheuy (rhymes with
chew) asked a long complex jargon-filled question ending
with: What you would do to ensure social prosperity in
the riding? Jim Macintosh, the first responder, brought
on a round of laughter by asking "Could you repeat the
question?".
Later Brenda Dee, President of Family Transition
Place asked what the candidates would do to stop family
violence before it happens, averting the need for
shelters. All of the candidates, even Mr Micelli, were
supportive of the women's shelter.
Mr Micelli and Mr Macintosh supported school
vouchers, all the major parties opposed.
Voters wishing to halt the destruction of the family
are limited to the minor candidates, Mr Micelli, Mr
Bender and Mr Cook.
Suggestions for Social Workers
March 6, 2005
The Social Work and Social Services Act is under
review concurrently with the Child and Family Services
Act. Here is a set of suggestions for amending it.
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311 Taylor Drive
Lakeshore, Ontario N8N 4K9
March 6, 2005
Attention: Mohamad Haniff, Senior Policy
Analyst
Ministry of Community & Social Services
Community Services Branch
56 Wellesley Street West, 12thFloor
Toronto, Ontario
M7A 1E9
Fax 1-416-325-8865
Re: Review of the Social Work and Social Service
Act 1998
Dear Mr. Haniff:
I have experience with the social work profession
both personally and professionally. I would like to
make some recommendations.
I have grave concerns about the future of the
social work profession. I have seen social workers
misrepresent themselves and outright lie to clients,
perjure themselves in Court, and perpetrate malicious
abuse of the client with no legal accountability.
Unless these problems are rectified, social work is
a doomed profession. The College must implement
policies and procedures to discipline its members.
Recommendation #1
..A social worker should have the proper
qualifications and degrees to be a social worker. It
should a condition of working with the public that a
social worker be registered with the College of Social
Work. Persons without these qualifications should not
identify themselves as social workers nor be given the
status and powers of a social worker. Both public and
private agencies need to stop hiring unqualified
people to do social work.
Recommendation #2
..Swearing of false or misleading affidavits should
be grounds for disciplinary action, which should
include fine and/or loss of license. There should be
a permanent record of such disciplinary action
available to the public on request. These cases
should be documented in detail in the Journal of the
College of Social Work. Social workers who
misrepresent situations or outright lie to clients
should be subject to dismissal from the College.
Recommendation #3
..A discipline committee should be established to
hear complaints from the public regarding the
profession. A discipline committee is part of every
other professional college.
Recommendation #4
..A code of Professional Ethics and Conduct should
be established. Social workers should receive
undergraduate training in Ethics.
Recommendation #5
..There needs to be a program of professional
development linked to license renewal.
Recommendation #6
..Every professional in Ontario is legally
accountable for his or her action except social
workers. Social workers should no longer have
immunity from criminal prosecution or civil suit.
Recommendation #7
..Social workers need to know the boundaries of
their profession. They are not physicians, lawyers,
or policeman. They need to deal with other
professionals in a respectful and professional manner.
They are not there to prejudice medical consultations
or to interfere in the medical care of the client.
Nor are they are there to make medical diagnoses.
They need to confine their attention to social work.
Recommendation #8
..Police background checks be mandatory requirement
of employment for social workers dealing with
vulnerable populations.
Recommendation #9
..There should be an oral and written exam for
licensure to insure the competency of new graduates.
Sincerely,
Dolores A. Sicheri, MD. FRCPC
Voice of Anne
March 5, 2005
The girl mentioned in the item below dated March 4
has left a short recording of her voice with Canada
Court Watch. Since she compares her predicament to that
of Anne Frank, we shall henceforth identify her by the
pseudonym Anne. Here is Anne's voice
(mp3).
Police Hunt for Girl Fleeing CAS
March 4, 2005
The girl mentioned in our Feb 26 reports from Canada
Court Watch is now the subject of a province-wide
man-hunt. In today's (pdf) report from Canada Court
Watch the girl is still on the run. The father's
home in Barrie was raided by police on a warrant, and
the court refuses to disclose the contents of the
warrant to the father. The girl's purported lawyer is
identified in this article as Barbara Steinberg of
Newmarket Ontario.
Aylmer Church of God appeal dismissed
March 1, 2005
A Superior Court judge dismissed the appeal of an Aylmer Ontario mother. In 2001 Children's
Aid seized her seven children, and (pdf link) Judge Eleanor Schnall ruled that the agency acted legally. Today the
appeal against the decision was rejected without even hearing it. The
reasons for the dismissal have not been published, but the reporter suggests
the judge thought the case moot because of a settlement reached after judge
Schnall's ruling.
In addition to showing judicial contempt for parents,
the ruling limits appellate protection to parents
willing to relinquish control of their children for four
years. But in such a case the issue is also moot, since
lost childhood cannot be restored on appeal. The courts
simply refuse to give parents any protection from abuse
by social workers.
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Tue, March 1, 2005
Spank appeal tossed
By SUN MEDIA
A CASE that drew international attention when seven
children were dragged from their Aylmer home by
Children's Aid workers over spanking allegations
wilted yesterday before an appeals court. Rev. Henry
Hildebrandt of the Church of God had gone to bat for
the family, one of many incidents that had lent a
circus atmosphere to the case.
The children were eventually returned to their
parents.
Yesterday there was barely time for argument,
leaving the parents' lawyers stunned when their appeal
was dismissed before it got going.
'IN A DAZE'
"I'm just in a daze," said lawyer Valerie Wise, who
represented the mother.
Her co-counsel, Mike Menear, arrived minutes after
lunch to an emptying courtroom as Superior Court
Justice Lynne Leitch had dismissed the appeal that
questioned in part whether social workers had the
right to interview children without parental consent.
Leitch didn't discuss her reasoning, saying she
would prepare a written order to be released later
this week .
Leitch questioned if there was even a basis for an
appeal since the parents had settled their dispute
with Children's Aid.
Yesterday's decision was a victory for children,
said Family and Children's Services lawyer Alf Mamo.
Girl Hides from Children's Aid
February 26, 2005
Canada Court Watch has reported on the case of a thirteen-year-old girl
who has chosen to go into hiding to save herself from abuse in foster care.
They have published two letters by the girl in pdf format, the first dated
Feb 2, 2005 and the second dated Feb 19, 2005. She may have had assistance in writing the letters.
Addendum: In later developments, we identify
this girl as Anne.
Convicted Social Worker Avoids Prison
February 24, 2005
The Indianapolis Star reports today that Denise C Moore, the social worker convicted in the case
leading to the death of one of her wards, four-year-old
Anthony Bars, was sentenced to 18 months probation. This
continues the tradition of failing to hold social workers
accountable for their acts, even fatal ones.
Addendum: This conviction was overturned on appeal.
Monast Attacker Pleads Guilty
February 22, 2005
In this case of mistaken identity, a woman attacked a
neighbor whom she suspected of causing the loss of her
children. Had Children's Aid disclosed the identity of
the informant at the time of apprehension, the attack
would not have occurred. Earlier reports from the
Toronto Sun and National Post spelled the name of the
victim as Madeline Monast.
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Feb. 22, 2005. 06:23 AM
Machete attacker awaits sentence
Pleads guilty to severing hands
Ex-neighbour faces more surgery
NICK PRON
COURTS BUREAU
PETER POWER / TORONTO STAR FILE PHOTO
Madelene Monast, seen here in December
2003, was back in court yesterday to hear her
assailant plead guilty.
Madelene Monast was having a coffee after awakening
from an afternoon nap when the assailant who had
sneaked into her Scarborough home lunged at her from
the hallway, waving a machete and screaming she wanted
to cut off her head.
The first swing of the weapon from the enraged
attacker, her next-door neighbour, cut the 46-year-old
mother of five on the face.
It was the second blow, a courtroom was told
yesterday, that nearly severed Monast's left hand,
leaving it dangling by some tissue.
Her right hand was cut off moments later in the
June 2003 attack, which defence lawyer Marshall Sack
later described as a "sad case of mistaken rage."
The attacker, a mother of five whom the Star
is not identifying, wrongly believed that Monast was
to blame for the Children's Aid Society taking away
four of her children, aged 11 to 13. She thought
Monast was the informant who told the agency the
children weren't attending school.
In fact, as the court heard from prosecutor Dimitra
Tsagaris, it was school officials who called the
agency.
"She was like an angry lioness, sensing her
children were in danger and wanting to protect them,"
Sack said of his client, who has been in custody since
her arrest soon after the assault.
"Unfortunately, this was a tragic case of her
getting some information and completely misconstruing
what she heard."
The woman pleaded guilty to one count of attempted
murder and will be sentenced March 15.
Surgeons were able to reattach Monast's hands, but
she has lost the use of her fingers on her dominant
right hand, Tsagaris told the court. She has limited
use of her left hand, the prosecutor said.
Monast, along with family and friends, sat in the
gallery as the prosecutor read out the agreed
statement of facts as to what happened that afternoon
at the Chester Le Blvd. home, in the Victoria Park
and Finch Aves. area of Scarborough. She has since
moved.
Afterward, Monast declined to talk with reporters,
leaving that to her sister, Dawn Irwin, who said in a
later interview that her sister "had her fill" and
"wanted to go home and relax."
Irwin said the attacker "did the right thing (in
pleading guilty). My sister is at ease now. It was
like a weight was lifted that we didn't have to go
through the turmoil of a trial."
Monast still has nightmares of that day. She has
undergone three surgeries and is facing still more,
her sister said. Throughout it all, Monast remains
optimistic.
"It hasn't changed her life for the worst," Irwin
continued. "She's a fighter ... the kind of person
who doesn't have a hateful bone in her body."
The court heard that the relationship between the
two neighbours was volatile and that they often
weren't speaking.
For instance, Tsagaris said, a year before the
attack Monast was out watering her lawn one day when
her estranged neighbour felt the water was getting
onto her property.
There were heated words, which led to each woman
trying to hose down the other, followed by the woman
tossing beer bottles into Monast's yard, Tsagaris
said.
One of the bottles broke, Monast was cut and the
woman was charged with assault with a weapon.
That case was before the courts when Monast
overheard the woman threatening her, vowing to get
even with her for calling Children's Aid (mistakenly),
saying "I don't care if I go to jail."
Four of the five children — the fifth child
is 19 — were taken away by the agency on the
day of the attack, continued the prosecutor, and four
police officers had to be called in to help agency
officials with the angry mother, Tsagaris said.
Later, the woman, with the help of a male friend,
was able to sneak into Monast's house and surprise the
startled woman, chasing her to the basement and
hacking at the door when Monast closed it to ward off
the blows, she said.
Police are still investigating the role of the man
who helped the woman get into Monast's house.
With files from Peter Small and Dale Anne Freed
Suggestions for CFSA Revisions
February 19, 2005
Here are suggestions for improving the Child and
Family Services Act from three members of the
Advisory Committee for Child and Youth Services.
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311 Taylor Drive
Lakeshore, Ontario N8N 4K9
February 19, 2005
Hon. Marie Bountrogianni, MPP
Ministry of Child and Youth Services
Hepburn Building
Toronto, Ontario
Dear Madame Bountrogianni:
Our comments regarding the present CFSA legislation
follow. We are enclosing also a legal memo drafted
for us by Sarah Weisman, our lawyer.
We have many letters of complaint in our
possession that relate to the present abuses of the
legislation. These letters are addressed to a
multitude of legal regulatory agencies. These
agencies have all filed them in the "circular file."
They have failed to take their legal responsibilities
seriously.
We have had the privilege of speaking to a great
many parents and service providers across the Province
of Ontario. Their stories and experiences are all
very similar. They have the "ring of truth."
We ask you to bring justice to these families. We
want a "Royal Commission of Inquiry" so that these
files may be opened and testimony may be taken from
these families. These "stolen children" must all be
returned to their rightful families.
Sincerely,
Dolores A. Sicheri MD FRCPC
Amal El-Hage
Vernon Beck
Advisory Committee for Child and Youth Services
Proposal to the Ministry of Child and Youth
Services for Reform of the Child and Family Service
Act
This Act set the bar for apprehensions too low. It
went from "substantial risk" to "risk." Neglect and
emotional abuse were added but not defined. Neglect,
risk and emotional abuse can mean almost anything. If
one were subjected to the CAS microscope, every parent
in Ontario including the Marie Bountrogianni could
potentially be accused of neglect and emotional abuse.
Recommendations
Recommendation #1
That the threshold for neglect, risk and emotional
abuse be clearly defined
This Act set the bar for apprehensions too low. It
went from "substantial risk" to "risk." Neglect and
emotional abuse were added but not defined. Neglect,
risk and emotional abuse can mean almost anything. If
one were subjected to the CAS microscope, every parent
in Ontario including the Marie Bountrogianni could
potentially be accused of neglect and emotional abuse.
Recommendation #2
That we recognize that the family is the fundamental
unit of society
The "best interests of the child" are intimately
intertwined with those of the parent and they must be
balanced under the law. This is a fundamental
principle. The new legislation needs to recognize
this.
Recommendation #3
That workers be held accountable for wrongdoing
Currently, there is no real "legal accountability"
for wrongdoing by workers. Poorly trained and
inexperienced workers often swear false/misleading
affidavits. Their documentation is used to justify
their actions. They take situations and twist them
out of context in order to justify their intrusion
into a family. There has to be "legal accountability"
and specified penalties set out for the submission of
falsified records to the court.
Recommendation #4
That interviews with children be videotaped
There are reports and videotaped testimony from
children in which children are reporting that they are
being lied to and coerced by CAS workers. Some
children are reporting that they are threatened with
removal from their school, away from family and out of
their community if they do not do as CAS workers tell
them to do. All interviews involving children should
be videotaped like the police do in their
investigations, not only to protect the children
involved, but also to protect the CAS workers and
their agency and minimize the risk of lawsuits that
ultimately the taxpayers of Ontario end up paying for.
Recommendation #5
That CAS files and tapes should be readily available
to parties in court proceedings
At the present time, many parents complain that
they are unable to gain access to CAS records for the
purpose of defending themselves and their children.
Most CAS offices refuse to allow parents to obtain
copies of their files and in most cases they are told
to take the agency to court to get a court order to
obtain the file. The files and tapes should be
readily available to all parties participating in
Court proceedings. Clients who in most cases are
already overburdened by the court process should not
have to go to Court to get disclosure on their file.
Recommendation #6
That hearsay and innuendo be disallowed in court
matters
Under present legislation, CAS workers often resort
to the use of hearsay and innuendo to justify their
actions and to convince a court to decide in the
favour of the CAS when matters go before the court.
Prima facia evidence needs to be presented,
not hearsay or innuendo. The same standards that
apply in Criminal Court need to apply in Family Court.
The premise should be that one is innocent until
proven guilty, not the other way around as is
currently enshrined in the Canadian Bill of Rights.
The CAS using their own standards of finding a person
guilty should not endlessly pursue cases dismissed in
Criminal Court in Family Court.
Recommendation # 7
That standards and procedures be established to
determine credibility and accuracy of children's
testimony
Currently, many children who are in fact telling
the truth to CAS workers are labeled as "not credible"
or labeled as being "coached" by a parent. In other
cases children who make allegations are taken for
their word. As a result, many children continue to be
abused because they are not being believed and in
other cases innocent people are being persecuted based
on the unsupported claims of children. Disabled and
emotionally troubled children are often allowed to
manipulate scenarios for their purposes, often to the
harm of parents and other children. Standards and
procedures must be established which will look at all
the circumstances surrounding a child's circumstances
to be able to more accurately determine the
credibility and accuracy of a child's disclosure to
workers.
Parents are forced to take and pay for lengthy and
expensive evaluations that mean nothing to the
resolution of the case. If the parents refuse, they
are called non-compliant. If they undergo the
evaluations, they are sent to professionals funded by
the CAS whose reports are then considered biased.
Even if the parents pass the evaluation, they are
still denied resolution. They are then made to jump
over even bigger obstacles with no expectation of ever
recovering the child. Workers routinely speak to
professionals prior to an evaluation. This biases the
evaluation.
When my child went for a medical evaluation, the
consultant reported that the worker had called earlier
and discussed with him that "The mother was causing
her child's problem." Child welfare workers obstructed
the medical care that would have allowed my child to
return home. I ask "In whose "best interests" that
the worker is actually working in?"
Recommendation #8
That CAS workers not be allowed to contact parties at
their workplace without prior the parties' written
consent
Children's Aid workers often call parents at their
workplace. This violates confidentiality and causes
some parents to lose their jobs. A jobless and then
homeless parent has to surrender. This practice
should be severely disciplined. The government should
not have to destroy the parent to acquire the child or
to intervene in the family's matters.
Recommendation #9
That parents be put on equal footing in relation to
legal funding of their case
Currently, many families give up the fight for
their children just because they cannot afford the
legal expenses to go up against a CAS agency.
Families cannot fight a system that pays its legal
fees out of the public purse and where unlimited
amounts of money are available to CAS agencies.
Reform of the legal process is important to end
this financial imbalance that favours CAS agencies.
The legal timelines all favor the Society. Parents
are served often at the eleventh hour with no chance
to respond. Often only an obscure ad is placed in the
paper as the only notice. Important timelines are
buried in a stack of paperwork. Conflicts of
interests among lawyers and agencies are not
disclosed. The lawyer spends the legal aid money
doing pretrial nonsense. He actually has no real
intention of ever going to trial. Lawyers are being
paid to represent the other side on another day. The
other side usually has all the money and most of the
work. The parent's case is sacrificed to maintain the
lawyer's income. This creates an adversarial system
with conflicts of interest. Parents then view their
lawyers and their recommendations with suspicion.
Parents are forced to represent themselves in Court
against a system that pays top fees to lawyers from
the public purse. Parents are doomed to failure
because they are not equipped to represent themselves
in the legal process. I ask, "Where is justice?"
Recommendation #10
That all professional services be done by agencies
considered at arm's length to the CAS agencies
Currently, CAS agencies send parents to receive
counseling and assessments from professionals who are
being paid by the CAS agency. Many parents are forced
to accept whom the CAS agency recommends because they
cannot afford to pay for these services. Many parents
and children claim that these professionals are biased
in favour of the CAS agency that hired them.
It is clearly a conflict of interest for CAS to be
sending parents to outside professionals that receive
monies from the CAS. Funding must be available to
parents, who would then be reimbursed by a
government-based fixed fee just like OHIP. Parents
could then choose whomever they wish to obtain
services from.
Recommendation #11
That the Office of the Children's Lawyer be required
to represent the wishes of the child only.
Currently, there are many complaints from parents
and children regarding the Office of the Children's
Lawyer. Many children and parents have complained
about the lawyer not accurately presenting the child's
wishes and preferences to the court. Some children
have reported that their lawyer has actually lied to
them and took the opposite position in court, contrary
to what the child wished and instructed their lawyer
to present. The lawyers from this office often just
spout the CAS rhetoric and in some cases support the
position of the CAS contrary to the "best interest of
the child". There is even no pretense of impartiality
The Office of the Children's Lawyer needs to
actually represent the wishes of the child.
Recommendation # 12
That the process be more transparent and
accountable
Secrecy is purported to be in the "best interests
of the child." It allows these workers to behave in a
most recklessness manner. Social workers should be
registered with their College as a condition of their
employment. The College of Social Work must hold them
accountable for misconduct with a sizeable fine and/or
loss of license. These complaints need to be kept in
a permanent file accessible to the public on demand.
Unqualified people should not present themselves as
social workers.
The veil of secrecy needs to be lifted. Reporters
should be allowed to monitor the judicial process.
Family/friends/advocates should be allowed into the
courtroom to support the parent and child. The
secrecy only allows the abuses to go on.
The name of the person making the complaint and
the nature of the complaint needs to be disclosed to
the parent. Right now, anyone can make an accusation
and be assured anonymity. One should have the right
to face one's accuser. This is basic to judicial
process. Furthermore, it will deter reckless and
malicious reporting.
Recommendation #13
That there be an initial judicial review at 48
hours
This will prevent family from becoming endlessly
mired in the legal system. It will require that the
apprehension meet an initial legal test.
Recommendation #14
That apprehensions in the delivery rooms of Ontario be
stopped
I would like to see an accounting for the children
removed in the delivery rooms of Ontario. Single
young women are easy targets. These women are being
denied access to due process. The public needs to
know where are these children going? No one
should be forced to sign away their rights under the
influence of powerful medications and anesthetics.
There should a time frame where the mother can change
her mind without prejudice.
The CAS often returns only some of the children,
often keeping the baby. Why? Is the baby more
marketable? Is this a demonstration of the state's
power over the parent? Does it have to do with the
funding formula that regards this baby to have a
higher reimbursement value because it is "adoptable?"
Recommendation #15
That access orders be enforced
The Minister says that 75% of crown wards have
access orders that are not being used. Is the
Minister aware of the numerous dirty tricks that are
played to prevent access? The families will tell you.
Access orders need to be honoured. Women who cannot
care for their children often just want access. Dirty
tricks prevent them from having access. Workers
verbally and sometimes in writing promise them access
and then renege. They circumvent the access order by
placing the children at great distance from the
biological parent. As a rule, placements should be
within the child's community.
Court orders and decisions need to be honoured.
There has to be a level playing field. I was
subjected to legal dirty tricks. I walked out of the
Courtroom with a different version of the settlement
than CAS. I was told not to discuss the settlement
particulars with the CAS. Three weeks later, I
discovered that we had different versions of the same
settlement. My version said that my child was to be
returned to me at the settlement conference; their
version said that he was to become a crown ward. I
ended up with firing my lawyer thinking that either
the Society lawyer had made a fool of her or that she
was actually in collusion with him. As a consequence,
I had no faith in the fairness and honourability of
the legal process. It made the final settlement more
difficult to reach.
Recommendation #16
That requests for kindred placements be given the
priority they should have
Many young women sign the termination agreement
with the verbal proviso that the child be placed with
a relative. Once the papers are signed, these verbal
agreements are reneged on.
Recommendation #17
That the Agencies respect the diversity of their
clients
The services provided need to respect the
religious, cultural and ethnic origins of the family.
Continuity and stability for the child should be
important drivers of the child protection process.
Children in care should be left with a respect for
their biological parents.
Recommendation #18
That the audit processes include both the child and
parent
When I brought my complaint in 2003 Michelle Burd,
program supervisor told me that any Ministry review of
the file for compliance involves only the child being
interviewed. This is a flawed process. Any review
process should include testimony from both the parent
and the child.
Recommendation #19
That the public be given information regarding regular
outcome statistics for crown wards
I would like to see regular outcome
statistics for crown wards. Are they finishing
high school, college, vocational programs and
university? Are they simply being warehoused? Are
transitional planning and counseling services
available? How many crown wards are accessing these
services? Are these crown wards on departure ending
up on the street as "street kids"? Parents generally
provide for their children after 16. How does the
government intend to provide for its "children" after
16? With parenthood, must there not be responsibility
as well? Taxpayers are demanding accountability for
the monies spent on the child welfare system.
Recommendation #20
That there be a final disposition of records for the
crown ward
Once a child graduates from crown ward status,
they should have the right to have their records
sealed to prevent these adults from carrying this
stigma with them. Crown wards have discussed with me
how these records follow them and are used against
them to apprehend their children. The cycle of
trans-generational perpetuation of involvement with
the social welfare system must be broken.
Recommendation #21
That there be a mechanism to expunge the records of
the innocent
People whose cases are thrown out of court with no
finding of protection should have the right to demand
to have their records expunged.
Recommendation #22
That government needs remain out of the private
adoption business
This advertising of children for sale like they
were commodities has to stop. The CAS has to remain
outside the private adoption business. There is a
basic conflict in allowing the two to become one.
Recommendation #23
That the funding formula not reward the apprehension
of children and the destruction of families.
It should reward organizations for keeping families
together. Our children are not "provincial
reimbursement units." Societies need to change their
profile from police work to social work. Unless this
happens, the entire system will degenerate into
violence. Workers will continue to fear for their
safety. The government needs to return to the
community the services that support families.
Recommendation #24
That the adoptee be given his personal information
Adoption records should become the property of the
child on transition to the adult world.
Recommendation #25
That open adoption and sibling contact occur
Open adoptions should be the norm rather than the
exception. Parents with developmental
disorders/mental health issues still love their
children and deserve the opportunity to remain
connected. Sibling groups should be preserved and
their connections maintained. These connections will
ease the transitional to independent living.
Recommendation #26
That kindred placement be given special status
Kinship placements should be given the high
priority that they deserve. They should be
facilitated and funded. Grandparents, siblings, aunts
and uncles should not be simply regarded as foster
parents. They deserve the special status of "legal
guardians" for their kin.
Recommendation #27
That the rule of law occur
The law as it is written must be adhered to and
implemented evenly. Presently these workers do not
function under "the rule of law." Often the law and
the Court processes are deliberately flaunted.
The legislation must be clearly written and applied
equally and completely across the province. Selective
implementation or non-implementation of the
legislation created huge issues. For example, the
special needs agreements clause for "special needs"
families was present but never implemented due to lack
of funding.
Parents have the right to make medical decisions
for their children. CAS must respect this right. CAS
cannot force parents to act contrary to their cultural
and religious beliefs. It cannot force parents to
administer psychotropic medications, blood products
and/or chemotherapy to their children.
Recommendation #28
That "special needs children" have equal protection
under the law
Provisions must be made for "special needs
children" to access services without the surrender of
parental rights. Children's Mental Health Services
need to be funded apart from CAS. CAS should not be
the gatekeeper for all children's services.
Recommendation # 29
That there be a return of the CAS to its legal mandate
of child protection
It must get away from seeing itself as the sole
provider of children's services. It must respect the
mandates and integrity of other community agencies
dealing with children.
Child welfare workers should have training in
normal and abnormal child development. Child welfare
workers need to understand the long-term harm that can
be done by the disruption of the child-parent bond.
They need to be respectful of the client.
They need to return to seeing themselves as providers
of family services. They are not policeman, doctors,
teachers or lawyers. They need to respect these
boundaries.
Recommendation # 30
That there be an internal grievance process
Social workers with grievances need to have a
complaint process at arms length from the
organization. Their complaints and concerns need to
be taken seriously. Every worker who leaves the
organization should be debriefed. Frontline workers,
who disagree with a decision being forced on them,
need to have an avenue to bring their concerns forth.
The short career lifespan of these child welfare
workers is a good indicator of the problems existing
within the system.
Recommendation #31
That there be changes in governance
The Board of Directors needs to have legal
responsibility for and input into the operation of the
Society. Membership in the Society from the community
should be encouraged, with employees and family
members excluded as a conflict of interest.
Recommendation #32
That meaningful change occur to the reporting
process
The present legislation requires everyone to
report everything with regard to children. No one
thinks, but everyone reports. It turns the ordinary
caregiver and citizen into the enforcer of this
legislation. Parents are afraid to seek help for fear
of being reported. This creates a police/fascist
state where everyone is spying on
everyone else. This will forever change and possibly
destroy the psychology and social work professions.
This decision to report needs to be returned to the
control of the caregiver dealing with the child and
his family. The caregiver needs to weigh the risks
versus the benefits and he takes the onus of legal
responsibility.
Our schools and educational programs need to be
given the mission of strengthening the family.
Creating respect both for the child and the parent
needs to be a driver in the educational process. The
family should not be viewed as the enemy, but
as an integral part of a healthy society.
The schools use the threat of CAS to coerce
families into signing educational plans for children
with disabilities. The schools use the police and
social services to maintain discipline. This is the
wrong approach. The school, parents and social
services all need to be on the same page to help the
child. The schools need to do a better job in
identifying the special needs of students and
delivering services. The real goal should be to
create independent, productive future members of
society.
Recommendation # 33
That there be a process for an external review of
files
The review of CAS files needs to be done
externally through a judicial review process. I am
convinced that neither the CAS nor the Ministry is
capable of policing itself. As a person who went
through the Section 68 review process, I believe the
process to be deeply flawed. The Ombudsman and the
Office of the Child Advocate should be given the power
to intervene on behalf of the rights of parents and
children.
$500,000 Donation to Children's Aid
February 18, 2005
The Children's Aid Society of Hamilton has received a
$500,000 donation. This Society serves the home riding of
Minister of Children and Youth Services Marie Bountrogianni.
Ordinarily, gifts to Children's Aid Societies are of
inconsequential size, and serve only to create the illusion
of charity. For example, in the year ending March 31, 2004
Dufferin CAS received total revenues of $10,327,279, of
which $3,562 was donations. The current gift may be an
example of charity, or the Ministry and business currying
each others favor.
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Local agency recipient of largest-ever gift to CAS in province
Nigel Morgan, principal owner of POSCOR,
Dominic Verticchio, CAS executive director, Jeff
Paikin, capital campaign cabinet member, MPP Marie
Bountrogianni, Hamilton Police superintendent Mike
Shea and CAS president, Kim Van Louwe, test out
the kitchen at the new POSCOR Centre for Children
at Risk. The kitchen is one of many features of
the new building with enhanced services for
children and their families.
By Abigail Cukier
News
Staff
The Children's Aid Society of Hamilton received an
unprecedented gift of $500,000 in support of the
organization's new centre for children at risk, which
officially opened last week.
The donation, from POSCOR Mill Services Corp., a
processor of ferrous metals, is the largest gift in the
agency's 110-year history and the largest ever to any
Children's Aid Society in Ontario.
Hamilton CAS is one of the 10 largest child
protection agencies in the province and formerly
occupied four locations. After six months of
renovations, the new location on Arrowsmith Road in
Stoney Creek, opened last October.
"We had a vision to bring all of our staff together
and to offer programs we never had the opportunity to
deliver before," said Dominic Verticchio, executive
director of Hamilton CAS. "This is a comprehensive
child care facility and it is much more cost
effective."
By renovating an existing building rather than
opening a new facility, the agency tripled its capacity
and reduced operating costs by 50 per cent. The 156,000
square-foot facility cost $4.5 million, and another $1.5
million in renovations.
Hamilton Mayor Larry Di Ianni spoke at the opening
ceremonies.
"A civil society is measured by how it nurtures and
looks after its children," he said. "I have seen how
much we need assistance for our most vulnerable in times
of crisis. That's what CAS does."
Chris Phillips, special policy advisor to MP Tony
Valeri, presented certificates from Mr. Valeri and
Prime Minister Paul Martin.
Dr. Marie Bountrogianni, provincial minister of
children and youth services, also spoke and presented
a certificate and a letter from the Premier.
Named the POSCOR Centre for Children At Risk, the
facility will offer medical and dental services and a
child-friendly interview room so children do not have
to go to the police station for interviews with the
Hamilton Police Service Child Abuse Branch.
In addition to providing child protection, Hamilton
CAS strives to reduce child abuse and neglect, repair
the lives of children who have suffered from abuse and
neglect and contribute to a better life for children at
risk and their families. In fact, the agency admits
fewer than five per cent of the children it sees into
care.
A working kitchen provides an opportunity for parents
to learn about nutrition and budgeting for meals. A
parent support program provides modeling and instruction
on topics including discipline, parental self-esteem and
how to access community resources. The therapeutic
access centre provides support and teaching about
positive parenting and communication. Small support
groups for children include anger management, skill
development, grief and sex education.
The facility will also offer 59 daycare spaces to
staff and residents.
Mr. Verticchio said poverty, teen pregnancies and
domestic violence have contributed to a large increase
in foster children here. In the last five years, the
number of children rose from 395 to 675. While most are
temporarily placed, Mr. Verticchio said the number of
permanent wards has also increased in the last two
years. Without enough foster parents in the area, many
children have to be moved out of Hamilton.
Hamilton has about 245 foster families, but Mr.
Vericchio said he would love to see that number
double.
For information call 905-522-1121.
Windsor Star reports on Rally
February 17, 2005
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CAS rally delivers message
Craig Pearson, with files from April Lindgren
Windsor Star; with files from CanWest News Service
February 17, 2005
About 60 people from around Ontario rallied at
Queen's Park Wednesday, calling on the province to
change children's aid legislation to curb child
apprehensions and create more accountability.
"The complaints procedure of children's aid is
mostly internal, so there's no external monitoring or
accountability," John Dunn, who runs the Ottawa-based
Foster Care Council of Canada, said by phone after the
rally. "We want accountability in the system."
Dunn, who said he was physically and emotionally
abused while in foster care for 16 years, believes
children's aid legislation provides too much power.
He also questions the funding formula which gives
agencies money for every child they apprehend.
"CAS definitely helps some people," Dunn said. "I
do believe that children's aid is necessary and that
some good work is being done. But they've gone too
far with apprehensions and need external monitoring."
Dr. Dolores Sicheri, a Windsor oncologist who
helped organize the Queen's Park event and bring about
20 protesters from Windsor, said she was happy with
the turnout, even though it was significantly less
than the 200 to 300 organizers hoped would show.
'GOT OUR SAY'
"It went very well. We got our say at the
government," she said. "We tried to get across that
the legislation is flawed, that it has involved
innocent people in the criminal justice system."
Sicheri said protesters want a more transparent
system.
"The secrecy is what drives the process," she said.
"We want a Royal commission of inquiry so that these
cases will be opened up and families can give their
testimony."
The Ministry of Children and Youth Services, which
oversees children's aid societies, is conducting a
mandatory five-year review of the legislation, tabled
in 2000. Children and Youth Services Minister Marie
Bountrogianni said CAS and child welfare have been
under review for about a year and the government is
examining the results.
"I've heard the concerns from all sides," she said.
"We've consulted with the CAS and we are now
developing our plan for reform."
Bountrogianni said changes will affect everything
from placements and adoption rules to the CAS funding
formula. "If you look at the statistics of the number
of the children that come to CAS attention, very few
are apprehended," she noted. "Having said that, it is
an issue and we will be dealing with that as well."
Rally for Families at Queens Park
February 16, 2005
About fifty demonstrators assembled at Queens Park
for a rally aimed at protecting families from the social
services system. At a press briefing before the rally,
Dr Dolores A Sicheri, Rev Dorian Baxter, Erika Klein and
John Dunn gave statements to the press, and reporters
interviewed some of the organizers. During the rally, a
dozen speakers addressed the crowd. Remarks by Rev Dorian Baxter are
available in mp3 format.
The rally was well planned and organized, and the
speakers presented good material. The turnout was held
down by weather -- there was a fresh layer of snow on
the ground, and an hour into the demonstration, new
flurries began to fall. While getting fifty people to
stand for over an hour in the Canadian winter is an
achievement, the numbers were too small to draw the
attention of the press or professional politicians. It
is unlikely the event will have any effect on impending
legislation.
Father Killed Defending Family
February 16, 2005
Today police shot and killed a man who used force to defend his children
from social workers. The following statement by Governor Christine Gregoire of the State of Washington
expresses sympathy for the injured social worker. She expresses no sympathy
for the three orphans.
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Office of Governor Christine Gregoire
FOR IMMEDIATE RELEASE - February 16, 2005
Contact: Anna Kim-Williams, Governor's
Communications Office, 360-902-4136
Gov. Christine Gregoire statement on attack of Child
Protective Services worker
Gov. Christine Gregoire released a statement upon
learning of an attack on a Department of Social and Health
Services (DSHS) social worker. The social worker was
attacked and beaten this morning while assisting law
enforcement in the removal of three children from a
neglectful situation in their home.
The children's father was shot and killed by a Ferry
County sheriff detective as the father attacked the social
worker with a machete and a two-by-four piece of wood.
The worker was hospitalized and treated for wounds to her
head, shoulders, arms and wrists.
Gov. Gregoire's statement:
"On behalf of all state workers, I pray for a speedy
recovery of the social worker who was attacked this
morning. I understand she is a dedicated public servant
who has worked hard to protect our state's vulnerable
children.
"This incident reminds us all of the dangers that many
state workers face every day as they put their lives on
the line to protect and serve Washington citizens."
Addendum: Here is more on the story, giving the
dead father's name. The story comes from The Seattle Times. Other stories by the Associated Press identify the
injured social worker, now released from the hospital, as Edith Vance.
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Thursday, February 17, 2005, 12:00 A.M. Pacific
Father slain after machete attack on social worker
By Jonathan Martin, Seattle Times staff reporter
A machete-wielding father was fatally shot
yesterday after he attacked a veteran Child Protective
Services (CPS) worker in the worst-known case of
on-the-job violence at the state child-welfare
agency.
The CPS worker, accompanied by a co-worker and a
Ferry County sheriff's deputy, was investigating a
complaint that three children were living in a home
near Curlew without running water or electricity when
she was attacked by the children's father, State
Patrol trooper Jim Hays said.
Bryan S. Russell, 35, pummeled one of the social
workers with a machete and a 2-by-4 as she lay on the
ground before the sheriff's deputy shot and killed
him, Hays said.
The worker, whose name was not released, suffered
cuts, a broken arm and wrist and a possible skull
fracture. She was admitted to Deaconess Medical
Center in Spokane for a CAT scan.
"It appears it (the shooting) saved this worker's
life," Hays said.
The attack chilled social workers across the
state. State policy prohibits the 2,000-person
child-welfare staff from carrying pepper spray or guns
but encourages workers to bring along a co-worker or
call police when their work puts them in potential
jeopardy.
The agency does require workers to bring an
officer along if they're going to take a child into
state custody, and it's common in rural Washington to
have an officer on hand during a CPS investigation.
The incident likely will prompt the state to
reconsider worker protection, said Dee Wilson, a
retired CPS administrator who now heads a
family-policy think tank at the University of
Washington.
"The concern has always been that a worker will
get shot or killed," he said. "The potential is
there, and it's there a lot."
Gov. Christine Gregoire, who represented CPS
workers as an assistant attorney general, commended
the injured worker for her 13 years of CPS work.
"This incident reminds us all of the dangers that many
state workers face every day," Gregoire said in a
statement.
Russell, who lived near Curlew in rugged Northeast
Washington, had a lengthy criminal record of assault
and drug charges, and CPS staff had visited him at
least once before, Hays said.
The three children -- between ages 1 and 5 -- were
home at the time of the shooting, as was their mother,
he said. The children were taken into state custody.
The mother wasn't injured.
The deputy, Carroll Sharp Jr., fired "multiple"
shots, said Ferry County Sheriff Pete Warner. The
State Patrol is investigating, in part, because a
state worker was injured.
Current and former CPS staff say the attack is the
most serious in memory, although investigators say
death threats are routine and less-serious assaults
happen sporadically.
A survey of several hundred Montana child-welfare
workers, published in 1994 in the journal Child
Welfare, found that one in 10 had been hit on the job
in the preceding year, and a third of the workers had
faced death threats. A quarter of the surveyed
workers feared their own families could face
job-related violence.
Wilson, the retired CPS administrator, said his
own survey of staff in southwest Washington found many
suffered insomnia, anxiety and stress-related stomach
pain. "Well over half had been threatened -- their
lives or their family," he said.
Concerns for personal safety, he said, have
followed the rise in popularity of methamphetamine,
which is linked to paranoia and violence.
"The concern is you're going to walk into a meth
lab alone," Wilson said.
At most of CPS's state offices, staff members work
behind locked doors, and some have security guards.
But Seattle's King West office on lower Queen Anne
recently lost its security guards in a budget cut,
worrying some staff, said John Birnel, a union shop
steward and social worker.
"It gives people in child-protection, where the
situations are a lot more dicey, a pause for concern,"
he said.
Staff researcher David Turim contributed to this
report.
Jonathan Martin: 206-464-2605 or
jmartin@seattletimes.com
Planned Demonstration for Queens Park
January 7, 2005 through
February 16, 2005
A new organization, called Advisory Committee for
Child and Youth Services, has been organized by joining
most of the active parents groups in Ontario. A
demonstration is planned for Queens Park in Toronto on
Wednesday February 16, 2005 from 12:30 pm to 2:30 pm.
The organization will request a commission to inquire
into the failures of the current legislation. An
objective is to eliminate expansion of the powers of
Social Services at the expense of families.
In making appeals to politicians, the sole measure of
credibility is the number of persons. Over a hundred
people are necessary, and a substantially larger number
will assure some meaningful response from the political
process. For this event, children will help, but be
sure they have adequate protection from the weather.
All constituent groups will be recruiting as many
persons as possible from their own areas. In case you
are not approached in person, consider yourself invited
by this message.
Here is a trifold in pdf
format defining the purpose of the rally and giving
directions. Print it on a color printer and give it to
your friends.
Dolores Sicheri and Amal El-Hage appeared on this CJAM talk show in wma format.
The press release announcing the meeting
follows:
Advisory Committee for Child and Youth Services,
A"UNION" of Ontario Parent Groups
Amal El-Hage, amal_elhage@hotmail.com
519-948-4744
Dolores Sicheri, socialperspective@hotmail.com
519-257-7138
PRESS RELEASE February 15, 2005
CONTACT: Dolores Sicheri or Amal El-Hage
FOR IMMEDIATE RELEASE
This "Union" demands a "Royal Commission of Inquiry"
into the misfiring of the "Child and Family Service Act
of 1999". This misfiring has had a devastating effect
on Ontario families. This "Union" also demands public
hearings and input into the "5 -Year Review" of the
Act.
| LOCATION: | Main Gallery of the Provincial Parliament
Building with overflow to the lawn at
College Street and University Ave
| | RALLY DATE: | FEBRUARY 16, 2005
| | PRESS CONFERENCE: | MEDIA ROOM
| | TIME: | 11:30 a.m. - 12:30 p.m.
| | RALLY TIME: | 12:30 p.m. - 2:30 p.m.
| | MPP TOUR: | 2:30 p.m. - 3:30 p.m.
|
Mark Blackburn questions closed adoptions
February 6, 2005
We finally have a program by Mark Blackburn broadcast by
CBC Ottawa January 27. It presents the view that permanent
separation of children from their parents harms not the
parents, but the children. Just after this broadcast, Marie
Bountrogianni stopped stonewalling and announced a five-year
review of the Child and Family Services Act. The Mark Blackburn CFSA
program is a 1.6 Mb mp3 file with running time 6:52.
Virginia may begin restoration of the family
February 6, 2005
The following article by Stephen Baskerville, who writes extensively on divorce, suggests that
divorce, child-protection and same-sex marriage are all manifestations of
the same family decline. Turning the tables on any one of them could be the
beginning of the restoration of the family. The article A Virginia
Family Bill of Rights is from the Washington Times.
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The Washington Times, www.washingtontimes.com
Forum: A Virginia Family Bill of Rights
Published February 6, 2005
Bold legislation is being introduced that will put
the Commonwealth of Virginia on the cutting edge of
the worldwide campaign to reverse the family's
seemingly inexorable decline.
Many states have now passed laws or constitutional
amendments preserving marriage as one man and one
woman, and more are set to follow. But Virginia is
poised to go further.
Riding the momentum from the November election and
the huge public opposition to same-sex "marriage,"
Delegate Kathy Byron and other legislators have
introduced a "Family Bill of Rights." This ambitious
bill will check not only the homosexual challenge to
marriage, but also the huge erosion of parental
rights. Stronger still, state Sen. Ken Cuccinelli
has offered a bill to begin countering the "no-fault"
divorce epidemic.
Together, these measures would give Virginia the
strongest family-protection provisions in the nation.
Moreover, they would do so by protecting rather than
limiting citizens' rights.
Why is this necessary? Because same-sex "marriage"
is not only a threat to the marriage and the family.
It may not even be the most serious. As Michael
McManus of Marriage Savers points out, "Divorce is a
far more grievous blow to marriage than today's
challenge by gays."
Indeed, it is very likely same-sex "marriage" would
not even be an issue were it not for the severe
weakening of marriage that has already occurred due to
divorce and out-of-wedlock births. "Commentators miss
the point when they oppose homosexual marriage on the
grounds that it would undermine traditional
understandings of marriage," writes Bryce Christensen
of Southern Utah University. "It is only because
traditional understandings of marriage have already
been severely undermined that homosexuals are now
laying claim to it."
Virginia's initiative will for the first time
address the underlying, long-term causes of marriage
decline and family dissolution, of which same-sex
"marriage" is only the latest symptom. While it
cannot rectify cultural pressures, it does directly
confront the legal mechanisms that allow government
officials to forcibly destroy families, often against
the wishes of family members.
Many have commented on how many voters in this
election cast their ballots on the basis of "moral
values." Yet it isn't clear same-sex "marriage" was
all the voters had in mind.
A 1999 NBC News/Wall Street Journal poll found 78
percent of Americans regard the high divorce rate as a
serious problem, and a Time/CNN poll found 61 percent
believe it should be harder for married couples with
young children to divorce.
Equally important to preserving the marital bond is
protecting the bond between parents and their
children, increasingly threatened by government:
Home-schoolers are harassed. Parents are pressured to
put their children on dangerous psychotropic drugs
under threat of child-abuse charges. Others face
obviously trumped-up charges of child abuse and risk
losing their children for exercising ordinary parental
discipline, for poverty or during divorce proceedings.
With all these mechanisms available for government
to sink its talons into children, hardly a family in
America is safe. And parents are becoming an active
political force.
The gap between parents and childless voters was
one of the widest in the election and was especially
marked for fathers. According to Gary Andres in The
Washington Times, "Men with children favored the
president on the question of agreement on cultural
direction by nearly 60 percentage points (Bush 77,
Kerry 18, while men without kids slightly favored John
Kerry.)"
Same-sex "marriage" is not the only area of family
policy where upheavals occur. Bill Cosby's celebrated
remarks last summer on parenthood and the family has
placed a once-taboo subject at the top of the
African-American agenda.
And another election result has not received the
attention it deserves: In ultra-liberal
Massachusetts, a whopping 85 percent of voters defied
the strident opposition of feminists and lawyers to
approve resolutions giving fathers equality in custody
decisions. This measure could drastically reduce
Massachusetts' divorce rate and curtail the power of
the divorce industry, including judges like Supreme
Judicial Court Justice Margaret Marshall. In Britain
and Australia, fathers are literally marching in the
streets over child custody.
We stand today on the brink of an upheaval of
civilizational proportions. Same-sex "marriage" does
not begin to describe the possible dimensions of
disaster.
On the other hand, the determination of parents
could develop into a worldwide revolt against the
almost totalitarian power government now assumes over
families.
STEPHEN BASKERVILLE
President of the American Coalition for Fathers and
Children.
Mr. Baskerville is a professor of political science at
Howard University.
CFSA Review Announced
January 28, 2005
A formal review of the Child and Family Services Act has been announced by Marie
Bountrogianni. Here is the news release:
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January 28, 2005
Ontario Government Asks For Public Input Into Child
And Family Services Act
QUEEN'S PARK- The Ontario government is asking
members of the public for their thoughts on the Child
and Family Services Act, as part of the ministry's
ongoing review of key aspects of the child welfare
sector, Children and Youth Services Minister Marie
Bountrogianni announced today.
Under the legislation, a review of the act must be
done every five years.
"Our focus -- always -- is on protecting children
and youth at risk and giving them the best chance for
future success," said Bountrogianni. "This review of
the legislation is an opportunity to address the
urgent need to help more of Ontario's 9,000 Crown
wards find permanent families."
This technical review of the act will focus on key
provisions relating to permanency options for children
in care, including adoption.
In addition, the newly established Child Welfare
Secretariat has been consulting with the child welfare
community during the past year to review key parts of
the child protection system. This consultation
includes a review of the Child and Family Services
Act, court processes and funding, and the day-to-day
work of children's aid societies.
Members of the public are invited to contribute to
the review in writing by February 28, 2005, through
the Ministry of Children and Youth Services website,
www.children.gov.on.ca, to cfsareview@mcys.gov.on.ca
or to:
Director, CFSA Review
4th Floor, Hepburn Block
80 Grosvenor Street
Toronto, Ontario
M7A 1E9
The review will be completed by March 31, 2005.
"Public input is a critical part of our review, and
I hope interested citizens across the province,
including children and youth, will take the time to
share their ideas," said Bountrogianni.
Addendum. Persons affected by Children's Aid
may have an impact by reporting their experiences, and
suggestions for improvement, to the minister at one of
the addresses above. As with many political processes,
results will come from the number of submissions, not
their length or quality, so do not be disuaded by the
brevity of you material. Critics have produced a CFSA review poster (in pdf
format) suggesting deceitfulness in delaying the
announcement.
Caseworker Convicted for Lying
January 23, 2005
There was an important development today for child
protection reform in Indiana.
In February 1999 Indiana caseworker Denise C Moore
placed 15-month-old twins Anthony and Latoya with
adoptive parents Latricia and L.B. Bars. Moore
indicated the Barses were distant relatives of the
twins, bumping them to the front of the adoption queue,
and she reported that the Barses had passed a criminal
background check. The Barses received a thousand
dollars a month subsidy for the adoption.
In January 2002 Anthony died from abuse; Latoya was
found to be battered and malnourished, and removed
removed from the Bars' family. On reexamination, it
turned out that the statements by Moore were false, the
Bars family was unrelated to the twins and a criminal
check would have shown Mr Bars convictions for theft and
battering his daughter with an extension cord.
In December 2003 Latricia Bars was sentenced to 13
years in prison, and LB Bars to eight years.
Denise Moore was also charged with felony obstruction
of justice for her false statements in the case. On
January 22, 2005 Denise Moore was convicted by a jury.
In the pecking order of child protectors, the lowest
rank is natural parents, abused by the caseworkers at
every step. The next rung is the foster parents. The
system needs them, and protects them more than natural
parents, so spanking and accidents are often overlooked.
But in scandals, child protectors sacrifice a foster
parent to criminal justice. The next level up,
caseworkers, have not before been charged with an
offense, aside from the failing to take enough children
kind. Denise Moore is a breakthrough in this regard.
Still, her employer supports her by paying her legal
bills and she is likely to escape without prison
time.
Here is the article from the Indianapolis Star:
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Denise Moore, with her lawyer Jack
Crawford, left the courtroom shortly after the
verdict was read late Saturday night. --
Steve Healey / The Star
Ex-caseworker guilty on 1 count
Jury convicts her on lesser charge of obstruction
By Vic Ryckaert
vic.ryckaert@indystar.com, January 23, 2005
Jurors found former Marion County child welfare
caseworker Denise C. Moore guilty of obstruction of
justice late Saturday, ending a weeklong trial that
exposed gaping flaws in the system that cares for
abused and neglected children.
The jury deliberated for 10 hours before returning
its verdict, making Moore the first caseworker in
Indiana to be convicted of a felony for on-the-job
failures. The jury found Moore not guilty of two more
serious charges of neglect.
"You cannot lie to courts, and you cannot put false
information into documents and expect that to be just
another day of business in the office of child
welfare," Marion County Deputy Prosecutor Ellen
Corcella said after the verdict. "You have got to be
accurate and take care of these children."
Tears streamed from the eyes of two jurors as the
judge announced the verdict shortly before 10 p.m.
Moore bowed her head and wept.
The charge, which stemmed from Moore providing
false information to an adoption judge, carries a
maximum of three years in prison. As a first-time
offender, Moore, 43, is likely to receive probation
instead of prison when Superior Court Judge Robert
Altice sentences her Feb. 23.
During the trial, child welfare officials described
a system rife with poor supervision, inadequate
training and overloaded caseworkers.
"These are children. They are owed far more by us
than what they seem to have been getting," Corcella
said. "The only people who can speak for them are
their adult caretakers. We hope the people will take
note and care for our children in the best way."
The system is a mess, Marion County Prosecutor Carl
Brizzi agreed, but he added that is no excuse for
Moore's conduct.
"For individuals who assume the responsibility for
taking care of the most defenseless people in our
society, they cannot shuffle that responsibility onto
the system," Brizzi said. "If there's a problem in
the system, then the problem starts with people like
Denise Moore."
Prosecutors said Moore is responsible for a "a
litany of failures," including failing to conduct
criminal background or child welfare history checks on
adoptive parents Latricia and L.B. Bars.
Moore placed twins Anthony and Latoya with the
adoptive parents.
The checks would have found three substantiated
cases of abuse and that L.B. Bars had been convicted
in 1987 of felony battery for beating his biological
daughter with an extension cord.
The Barses were convicted of neglect in 4-year-old
Anthony Bars' death in 2002. They also were found
responsible for dehydrating and beating Latoya, who is
now called by her birth name, Knoiya. The Barses have
received prison sentences.
Moore's other failures, prosecutors say, included
knowingly offering false documents to a judge;
failing to stop the adoption process; failing to
inform the twins' foster mother, Florence Hurst, of
her right to contest the adoption; and falsely
identifying the Barses as being related to the twins.
Relatives receive preferential treatment in adopting
children who are in state care.
Defense attorney Jack Crawford called Moore a
scapegoat for a system that offers almost no
protection for children in its care.
"She is very pleased that the jury found her not
guilty of hurting those children, and that was the
most important part of the case," Crawford said.
"I think this verdict does send a message that the
responsibility for the death of little Anthony Bars
doesn't rest with Denise Moore. It rests with the
agency, and many people share responsibility for this
tragedy."
Moore declined to comment after the trial, but
family members and friends had mixed reactions to the
verdict.
"The Lord's will has been done," said family friend
Elise Brown. "We know, they know and she knows what
really went on. Hopefully, this trial will give
people a chance to look at the system and revamp it.
I'm just sad Denise had to be the one to take the
fall."
Moore's aunt, Shirley Williams, said her niece
loves children.
"I think justice was not served to my niece.
Someone else is at fault for what happened to those
children. She should not be their scapegoat," said
Williams. "This is a political trial. One person in
an organization is not responsible for a whole
organization."
Crawford's $150-an-hour legal fees are being paid
by the Family and Social Services Administration,
which has a policy of picking up the tab when its
workers are charged with a job-related crime.
Crawford derided the agency's managers, referring
to them as "bobble heads" and "trained monkeys."
"If she is convicted, things will go on as usual in
the Marion County Office of Family and Children,"
Crawford told jurors during closing arguments. "All
the bobble heads will skate, and there will be other
instances, and it will happen again, and they will say
the same things. The person at the bottom of the hill
has it all roll down on them, and that's not fair."
Crawford said the entire system is to blame for the
pain endured by the twins.
"The trash can of garbage in that agency is bigger
than this room," Crawford said. "They want to take
that trash can and dump it on this lady."
Star reporter Tim Evans contributed to this report.
Addendum: This conviction was overturned on appeal.
CAS Induces Abortion
January 20, 2005
The Toronto Star reports in this case of miscarriage of justice that a
woman had an abortion in preference to allowing Children's Aid to seize her child at
birth. Previously, Dufferin VOCA has encountered this same reason for
abortion, but only in cases that cannot be published. We have noticed in
other cases as well the propensity to prevent the family from reexamining a
child to contest the CAS doctor's findings.
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Jan. 20, 2005. 06:41 AM
Crown blasts judge in baby case
Jurist threw out murder charges against pair due to delay
Prosecutors trying to revive case at court of appeal
TRACEY TYLER, LEGAL AFFAIRS REPORTER
An Ontario Superior Court judge who threw out
first-degree murder charges against a Toronto couple
accused of killing their three-month-old daughter
"utterly overlooked" society's interest in bringing
them to trial, an appeal court has been told.
Justice Brian Trafford paid "nothing more than lip
service" to well-established legal principles for
determining whether a trial delay is unreasonable,
Crown counsel Michal Fairburn told a three-judge panel
of the Ontario Court of Appeal.
He also misused the most powerful Charter weapon at
his disposal -- the ability to stay criminal charges --
to punish the Crown for conduct he did not like, she
said.
Watching from the back of the courtroom yesterday
as the Crown tried to resurrect its case were Anthony
Kporwodu and Angela Veno, whose daughter Athena died
on March 6, 1998.
An autopsy conducted by controversial pediatric
pathologist Dr. Charles Smith found she had 32 rib
fractures, brain injuries, a lacerated liver and a
broken toe.
In throwing out charges in June 2003, Trafford, a
former high-ranking Ontario prosecutor, said the
conduct of the Crown, the Ontario coroner's office and
Toronto police deprived the couple of an opportunity
to demonstrate their innocence for an "unconscionable"
70-month period, from the time of Athena's death to
when the case was finally expected to go to trial.
Their loss in human terms was almost "palpable," he
added. They not only lost their daughter. After a
homicide investigation commenced, their toddler Julius
was seized by the Children's Aid Society and
ultimately sent to live with his paternal grandparents
in Ghana.
Veno became pregnant again but ended up having an
abortion after a CAS worker told her that child would
likely also be seized.
The pair was left unable to resolve their grief,
Trafford said.
The Crown appealed his ruling and a hearing, which
is slated for three days, began yesterday.
The case is raising questions about how courts
should assess whether a trial delay is unreasonable, a
sensitive subject for Ontario's justice system since
the notorious 1990 Askov case led to the wholesale
staying of thousands of charges.
It's also focusing on the conduct of Smith, who
played a critical role in the case and whose work in
other criminal cases has been questioned.
In this case, Trafford said Smith's nearly two-year
delay in completing an autopsy report was not only
"shocking" in its own right but led to the
unauthorized cremation of Athena's remains, contrary
to her parents' wishes. They found out when the
crematorium called and asked them to come and pick up
an urn containing her ashes, Trafford noted.
He also had harsh words for Crown attorney Rita
Zaied, saying she put up an "unprincipled" resistance
to requests from the couple's lawyers for reports from
other autopsies Smith had performed.
Just before Smith was about to take the witness
stand at the couple's preliminary hearing in 2001,
murder charges against two other women accused of
killing their children were withdrawn in the face of
concerns about his work, the court was told yesterday.
One was Louise Reynolds, of Kingston, Ont., who
was charged with killing her seven-year-old daughter,
Sharon, in 1997. The charge was withdrawn after a
leading expert on bone marks contradicted Smith's
findings and supported Reynolds' claim that her
daughter was killed by a pit bull.
Although Trafford found Smith was in a position to
offer a preliminary opinion on Athena's cause of death
by May 1998, his final report was not delivered until
the spring of 2000 when he was under threat of being
called to court to explain the delay, the court was
told yesterday.
The timing was not "ideal" and while the Crown did
everything it could to get Smith to deliver his report
it bears some blame for the delay, Fairburn conceded.
But while the overall delay was "unfortunate," it was
not unreasonable, she told justices Michael Moldaver,
Eileen Gillese and Russell Juriansz.
Trafford said the couple had been waiting for
Smith's report in order to determine whether they
should arrange for a second autopsy. That, in turn,
is why they wanted their daughter's body preserved.
The hearing continues.
CAS Trains Psychopath
January 20, 2005
The vital fact in this story is withheld to the very end: The psychopath in question is a man raised in the care of the Children's
Aid Society. As in the infamous case of Charles Manson, depriving a boy of
his parents is one way to create a psychopath.
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Jan. 20, 2005. 06:41 AM
'Pure psychopath' jailed indefinitely
Jeffrey Campbell drove into 65-year-old cyclist
More dangerous psychopath than Olsen, Bernardo
BOB MITCHELL, STAFF REPORTER
Jeffrey Michael Campbell, who deliberately ran
down and killed a Brampton senior with a stolen car,
is going behind bars, perhaps forever.
The 26-year-old Windsor man, who scored higher on
a test for psychopathy than Canadian serial killers
Clifford Olsen and Paul Bernardo, was declared a
dangerous offender yesterday for that brutal homicide
-- and a history of violence that started when he was a
toddler.
Justice Casey Hill said Campbell used Frank Groves
as "target practice" when he ran down the 65-year-old
cyclist from behind with a stolen car in the early
hours of July 1, 2000. Groves died instantly in what
Peel police described at the time as a "thrill kill"
hit-and-run.
In declaring Campbell a dangerous offender, which
could keep him in prison for the rest of his life,
Hill said Campbell is a "highly dangerous individual
at virtually certain risk to cause harm through
violence."
The judge ruled that Campbell represents a "real
and present danger to life and limb" and that "future
violent acts can quite confidently be expected in the
future."
Hill's long-awaited ruling came in a Brampton
courtroom more than two years after Campbell pleaded
guilty to manslaughter in Groves' death. Though
Campbell was charged initially with second-degree
murder, Crown prosecutor Stephen Sherriff accepted the
surprise manslaughter plea on Nov. 12, 2002. Sheriff
and co-prosecutor Lyndsay Jeanes then began an
exhaustive bid to have him declared a dangerous
offender.
The Criminal Code allows for an indeterminate
sentence for dangerous offenders who have committed
serious personal-injury offences and are judged likely
to do so again in the future.
The application took more than 1 1/2 years to
complete, a period that was hardest on Groves' widow,
Arlene Groves.
"He's dangerous," Groves, 64, said yesterday,
moments after the shackled and handcuffed Campbell was
led away from court. "It's over for now, but it will
never really be over.... But this is the outcome I
hoped for. I put my faith in the Crown.
"I feel sorry for him.... But he has to pay for
his crimes."
Hill gave Campbell credit of five years for
pre-trial custody, which means the National Parole
Board will review his case in two years, and every two
years after that. But Groves said she is confident
her husband's killer will never get released.
In theory, Campbell could remain behind bars until
his death, which the Crown believes is necessary for
the protection of society. Only a handful of Canada's
more than 370 dangerous offenders have ever been
released.
Campbell has had a history of using vehicles as
weapons to harm his passengers or strangers. He also
has a history of arson, and has faced numerous
allegations of assault and death threats against
women, and jail guards and their families.
Even during the dangerous offender hearing, he
twice struck prisoners, including Min Chen, the
accused kidnapper and killer of schoolgirl Cecilia
Zhang.
He has been in custody since his arrest on April
24, 2001, in Niagara Falls.
Groves died instantly from massive head injuries
when he hit the car's windshield after his bike was
struck from behind at about 5 a.m. on Canada Day
2000. His bike was dragged for three-quarters of a
kilometre.
"The Groves homicide is a grave instance of
manslaughter," Hill told the court. "Campbell fled
the scene without any attempt to provide assistance to
the obviously seriously injured victim.... He showed
no remorse for his crime."
The judge noted that Campbell committed the
"senseless crime" within 48 days of being released
from prison.
Groves and his wife had been married for 42 years.
He was cycling to a local coffee shop when Campbell
struck him with a car that had been stolen only a few
minutes earlier so he and two teenage friends could go
joyriding. The car was abandoned a kilometre away.
The agreed facts presented at Campbell's
manslaughter conviction revealed that one of his
passengers said Campbell "smirked" when the car struck
Groves. The court also heard Campbell laughed when he
saw news clips of the incident.
Campbell was described as an "incurable,
untreatable, psychopath" by the Crown in the long
dangerous offender hearing, which began June 19, 2003
and ended last September. Hill took more than three
months to consider his decision.
Defence lawyers Daniel Brodsky and Tony Bryant
asked Hill to impose a life sentence, which would have
made Campbell eligible for parole in seven years and
allow him to get treatment.
The court heard that Dr. Stephen Hucker, a
forensic psychiatrist, concluded there was a 100 per
cent probability Campbell would "violently reoffend"
within seven years of being released. He also said
Campbell approached "the theoretical pure psychopath"
classification and that he was unaware of any
available treatment.
During the hearing, Jeanes told the court that
Campbell scored higher (38) on his psychopathy test
than serial killers Olsen (37) and Bernardo (36) and
that there was no treatment that would make Campbell
safe for release.
Campbell set his first fire at age three and used
a lighter to set the clothing of two playmates ablaze
when he was five. He has had more than 40
convictions, 22 of them before turning 18.
An ex-girlfriend alleged in court that Campbell
fed a cat to a pit bull, which he denied.
He is now one of Canada's youngest dangerous
offenders.
The court previously heard that Campbell's father
died in a police chase before he was one. His mother
placed him with children's aid at six because she
couldn't deal with his destructive behaviour.
Before delivering his verdict, Hill said, "There
can be little doubt that Jeffrey Campbell wasn't dealt
much of a hand in his early life."
Hackers attack CAS
January 19, 2005
A band of hackers has announced plans to attack CAS,
though details cannot be ascertained from their
statements. The website Family Rights already
contains some of their material. Here is a part of a
press release from the group:
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PRESS RELEASE FROM H.A.C.A.S - Hackers Against
Children's Aid Society
This letter is to regular citizens as well as
Government employees
As of January 21st 110 hackers will begin an attack
on all power stations and satellite systems we will do
our best to bring the internet stock markets and
government sites we will fry every piece of hardware
we can!
The Foster Care system is out of control we are
using Mr. Jessie Mcvicars case as proof this system
is corrupt...for profit and not doing its job in its
organization to the secrets... we will not stop our
attack until a public announcement is made stating
this barbaric brutality is over... we will disrupt
every thing we can and will not be discriminate
Sun Tzu - Japan
Appeals are Futile
January 15, 2005
The Child and Family Services Act provides for
appeal, but all appeals are within the Children's Aid
Societies, and the responsible ministry, making them
futile. For any skeptics who think they may have some
value, the following letter shows the experience of a
client with the patience to spend four years navigating
the appeals process to the top.
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Saturday, January 15, 2005
Dear Dr. Ioannis K. Tsanis, Dipl. Eng., M.A.Sc.,
Ph.D. P.Eng.
Hello there Dr Tsanis, my name is John Dunn. I am
the Executive Director of the Foster Care Council of
Canada. I read the profile of your wife Dr. Marie
Bountrogianni on the Ministry of Children and Youth
Services web site and in doing so, I learned that you
are her husband. I am emailing you, because of the
fact that I have previously attempted to contact your
wife via the Ministry of Children and Youth Services
web site, yet it appears from the responses I have
received that the messages were intercepted and
answered by her staff instead by her and I don't know
if she knows that this is happening.
I feel that she should be empowered to use her own
voice, knowledge, and extensive experience to answer
the questions I have posed to her in a manner which
demonstrates her knowlege of the issues as opposed to
others answering the questions in a manner which makes
her look as if she does not know what we are asking of
her.
If you could please forward these questions
directly to her at home tonight so that I can be sure
she has received and read them, it would be greatly
appreciated. I will start by listing the questions I
have asked in the past, then I will submit a couple of
new questions. I know she is a very busy woman, and
appreciate the time you and her will take in ensuring
these questions are answered by her.
Open Letter To Dr. Marie Bountrogianni, Minister
of Children and Youth Services,
1. I have asked you previously through submissions
to the Ministry of Children and Youth Services web
site when you would be initiating the mandatory five
year review of the Child and Family Services Act and
if you would be consulting with the public in order to
obtain their input on this very important Act which
affects thousands of Ontario's children and families.
2. I have also asked if you will be posting on the
Ministry of Children and Youth Services web site the
fact that a review of the Child and Family Services
Act is or will be taking place and how the public can
get involved.
3. I have also asked if you when you first came
into office as the Minister of Children's Services if
you will be supporting and working toward open
adoptions in Ontario through Children's Aid Societies.
4. I filed a complaint to the Catholic Children's
Aid Society four years ago because they would not give
me copies of my own life records from when I was a
crown ward. I took the complaint through all of the
levels from my worker, to his supervisor, through to
the Executive Director Mary McConville, then to the
Board of Directors and when I was still not satisfied
with the responses given (no copies allowed) I went to
the Ministry of Children and Youth Services on 80
Grosvenor to discuss it with the Deputy Minister, and
was referred to your Issues Co-ordinator. To this
day, four years later, I have still not heard from the
Issues Co-ordinator on this subject. How much longer
must I wait to hear from your Issues Co-ordinator on
my case?
I can be contacted by email at; [suppressed to
reduce spam]
or by regular mail at;
John Dunn
Executive Director
The Foster Care Council of Canada
1218 Meadowlands Drive East
Suite 503
Ottawa, ON
K2E 6K1
Thank you for your prompt reply.
John Dunn
The Foster Care Council of Canada
http://www.afterfostercare.com
Dead Baby Scam
January 15, 2005
A new technique for taking babies from their mothers
has recently come to our attention, the dead baby scam.
Life of CAS graduate
January 6, 2005
The article below by Carline Grech appears in the yorkregion newspaper
the Era-Banner. It shows the life of a recent graduate of Children's Aid. The author holds no grudge against
Children's Aid, though may be a bit naive about how kids get into foster
care. It is not an uplifting story. Foster care often does not produce
successful outcomes. A former crown-ward in Orangeville at age 24 was
attending night school, to learn how to read.
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Transient talks of drug use, anger
Homelessness is like 'walking through darkness'
Jan 6, 2005, Caroline Grech, Staff Writer
The following is an in-depth interview with a
Newmarket native who is homeless, in an effort to
paint a picture and put a face on who is using local
shelters, how they got there and where they are going.
Twenty-two-year-old Chris Robb fidgets with a
necklace a former boss gave him, clearly unable to
focus for very long on anything.
Etched on it is a message reading, "Leave no man
behind."
He rubs the necklace between his fingers gently,
seeking comfort in it.
There is a coldness and emptiness in his blue eyes
that betrays an otherwise typical man in his 20s.
With blond hair and his face seemingly devoid of
emotion, dressed in jeans and a winter jacket, people
sitting in a coffee shop wouldn't be able to tell Mr.
Robb has no permanent home to go to at night.
Life has not been kind to Mr. Robb.
He is homeless and has been in and out of shelters
and group homes since his mother first sent him to one
in Cookstown at 13.
"Being homeless, you walk through darkness and then
you're starving for life. It's walking in darkness
and always being hungry," Mr. Robb said during an
interview at a coffee shop.
He didn't know his father and when his mother
couldn't handle him anymore, he had nowhere to go.
After thinking for a moment, the Newmarket native
singled out numerous visits to his mother's home by
the Children's Aid Society as one reason for being
sent to a group home.
Fighting with his sister was one of the reasons he
ended up at a group home, he said.
While Mr. Robb admitted to being verbally abusive,
taking drugs and not being the easiest person with
whom to get along, his first experience at a group
home wasn't all negative. He was even let out a day
early for good behaviour, he said.
Although his first experience wasn't all bad, it
was not a permanent turning point in Mr. Robb's life.
After his time at the group home, he went back to
live at his mother's house but that was short-lived
because he was still doing drugs and his mother didn't
want him there.
Getting kicked out a second time landed him in
another group home in Aurora.
He stayed there just under a year, before he got
kicked out.
"I was swearing at staff and breaking stuff. I was
an angry child," adding his childhood was extremely
unpleasant, a fact with which he has only come to
grips as recently as two months ago.
Becoming a Crown ward with the society gave him the
ability to move out on his own and rent a room.
The society provided him with $663 a month so long
as he went to school full time. At the same time, he
worked part time at White Rose as a general labourer.
A slip back into smoking pot and drinking again, he
found himself in bigger trouble when he was searching
for a better high and turned to cocaine.
"It's always curiosity: you just want to try it.
You're always looking for a better high. I put myself
there again," Mr. Robb said.
Getting involved in drugs again started to lead to
reckless behaviour where he took his landlord's
vehicle to buy a lighter but crashed the car, causing
thousands of dollars damage.
Despite empathy on the part of his landlord, the
organization didn't want him to stay on.
That incident landed him at his best friend's house
for about a year where he stayed until, once again, he
found himself without a place to live.
The final straw for his best friend's mother was
when he got caught doing drugs in the kitchen in front
of his buddy's 13-year-old sister.
"I was smoking hot knives in the kitchen. I was
just doing drugs everywhere and didn't care who saw
me," Mr. Robb said.
He pauses telling his story as someone comes to
clear away his coffee mug.
"Thank you," he said quietly, again starting to
tell his story.
For the past two years, Mr. Robb has been in and
out of shelters.
He has taken odd jobs here and there, but has never
been able to hang on to them; his last one being a
construction job he left in October.
Clare Leyenaar, Mr. Robb's former employer, who
gave him the necklace he still carries, said working
with him could be difficult.
"It was a challenge to work with him. He's a
really nice guy, he's just got a lot of demons from
his past," Mr. Leyenaar said.
Right now he isn't working and is living on $26 a
week, which he admits he spends mostly on cigarettes.
"It's simple I just have to decide what I want to
do and then go out and get a job," Mr. Robb said.
"I have had opportunities and I've messed them up.
I just have to start caring about life again."
Despite his predicament, Mr. Robb is not one to
expect sympathy from others.
"How can somebody who can make a choice complain?"
he admitted matter-of-factly.
Although he is not happy living in shelters, he
explained he doesn't know where he would end up
without them.
Despite being in a bad place at the moment, Mr.
Robb does foresee a day when he won't be in and out of
shelters.
"I see myself in the future as someone who will
look back and get over my stuff," he said.
The rough times haven't made Mr. Robb want to
embrace life.
"I am resentful to life, period. I don't like
life, I have a hard time being around people," Mr.
Robb explained.
To help him get back his appreciation for life, Mr.
Robb has turned to the church, sometimes going four
Sundays in a row.
The church has helped him in some ways, allowing
him to forgive his mother despite his difficulties
growing up.
For now, there doesn't seem to be much light at the
end of the tunnel for Mr. Robb, who said if things
don't turn around for him when his time is up at the
Gorham Street shelter, he will likely end up at
another one.
As for his outlook on his situation, there is a
bitterness and sadness there.
"I had something great (life) that was taken away
from me," he said.
Since his interview with The Era-Banner and despite
a call to him Monday, Mr. Robb has since disappeared
and, according to staff, no longer lives at the Gorham
Street shelter.
Staff will not comment on if he was asked to leave
or if he left on his own accord.
While refusing to comment on Mr. Robb
specifically, a resident will be asked to leave a
shelter only in extreme situations, according to
executive direct of Transitional and Supportive
Housing of York Region, Monica Auerbach.
Behaviour would have to be seen as causing a risk
to others through violence or threats or having a
blatant disregard for rules when previous warnings
have already been given.
"We give people a lot of benefits of doubt," Ms
Auerbach says.
As for residents suddenly leaving the shelter, Ms
Auerbach explains it is fairly common, noting shelters
are only temporary emergency residence.
Legal process may be eliminated
January 2, 2005
The Child and Family Services Act is due for a review
by March 31, 2005. There are ominous proposals for
amendment within the social services system. To
purportedly speed adoption, and actually to cut
litigation costs, the legal process for parents may be
eliminated, moving a child into irreversible foster care
at the moment a CAS worker decides to remove him. All
families will be in the same legal position as single
mothers today, unable to protect themselves from CAS
caseworkers.
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