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CAS Stonewalls Criminal Trial
September 21, 2005
If you have had any dealings with Children's Aid, or have
been following the issues in this webpage, you know the
difficulty of getting information from Children's Aid. They
claim immunity from the Freedom of Information Act, and hide
behind cop-outs such as "protecting the child from emotional
harm". In a murder case involving a dead child, none of
their excuses apply, but Children's Aid sticks by its habit
of revealing nothing. Will they let their contractors go
free by refusing to disclose their files? This could become
an important case.
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Judge halts trial until aid files are
found
For weeks, the court has heard quibbling about who has
the slain boy's documents
By CHRISTIE BLATCHFORD
Wednesday, September 21, 2005
An Ontario Superior Court judge temporarily halted
the Jeffrey Baldwin murder case yesterday amid ongoing
delays in ensuring the little boy's entire file at the
Toronto Catholic Children's Aid Society is in the
hands of trial lawyers.
"This can't continue," a frustrated Judge
David Watt snapped at one point. "It's going to
stop now; it's going to be clarified now before we
take one more step."
With that, he ordered James Maloney, lawyer for the
CCAS, to notify prosecutor Lorna Spencer by tomorrow
that the whole file has been located, or return to
court Friday to explain why not.
Once that is done, CCAS child-care worker Margarita
Quintana is to review its contents, with the trial
itself on hold until Sept. 29.
Ms. Quintana was the family's worker when Jeffrey
and three of his siblings were handed over to the very
grandparents -- Elva Bottineau and Norman Kidman --
who are now on trial for first-degree murder in the
little boy's Nov. 30, 2002, death.
The four children were taken from their mother, the
grandparents' daughter Yvonne Kidman, in a series of
three separate family court proceedings over the
course of several years.
The Catholic Children's Aid didn't object to the
grandparents' gaining legal custody of the
youngsters.
Neither did anyone ever check the agency's own
files, which contained clear documentation that Ms.
Bottineau and Mr. Kidman were manifestly unfit to be
acting as caregivers for vulnerable youngsters -- both
were criminally convicted child abusers.
Ms. Quintana will be called as a witness here, and
Ms. Spencer and defence lawyers for the grandparents
want to know before they begin to question her what
records she personally prepared or relied upon in
making decisions about the children's placement.
Jeffrey died a few weeks shy of his sixth birthday
of septic shock complicated by pneumonia, but expert
witnesses have testified that the central contributing
factor in his death was what one of them termed a
gross "nutritional insult."
The boy had been starved over months and perhaps
even years, and at death weighed less than he had when
he was a healthy, chubby toddler of 12 or 13 months,
and stood only 37 inches tall.
He was deemed officially both wasted and stunted,
terms that respectively refer to the impact of chronic
starvation upon body weight and height, and Judge Watt
has also heard that the little boy and one of his
sisters, just a year older, lived in a locked, frigid
and feces-smeared room in the grandparents' east-end
house.
For weeks now, Mr. Maloney for the CCAS, Keith
Geurts for Ms. Quintana and Crown prosecutors have
been quibbling about which agency documents have been
handed over and which, if any, are missing.
It was unclear -- and Judge Watt yesterday pointed
no finger of blame -- whether the delay was due to
simple miscommunication or something else.
What was apparent, however, is that the judge has
lost his stomach for further wrangling.
He also urged Mr. Geurts to have Ms. Quintana
agree to an interview with prosecutors, saying,
"Although I can't compel her to be interviewed, it
would be a prudent course for her to follow."
On the advice of her lawyer, Ms. Quintana has
declined repeated requests from Toronto Police and
prosecutors to be questioned about the case.
It is likely that she, like other workers at the
Catholic Children's Aid, remains alert to a recent
high-profile case involving one of their colleagues,
Angie Martin.
She was the worker in the Jordan Heikamp case --
the infant starved to death in a native women's
shelter in Toronto before the unseeing eyes of a
plethora of helping professionals and under the
ostensible supervision of Ms. Martin -- and along
with the baby's teenaged mother, Renee Heikamp, was
charged criminally in Jordan's death.
The charges against both women were dismissed after
a preliminary hearing.
But both testified at length and to enormous
publicity at a coroner's inquest examining Jordan's
death in the spring of 2001 -- just 18 months before
firefighters and paramedics responded to the 911 call
about Jeffrey.
Ms. Bottineau, now 53, was convicted on June 10,
1970, of assaulting her own baby daughter, Eva. Then
a teen mother, Ms. Bottineau was sentenced to a year
of probation. Though the five-month-old infant died
of pneumonia, an autopsy revealed she had also
suffered tiny fractures of the shoulders, elbows and
wrists - now recognized as classic signposts of child
abuse.
Mr. Kidman, also now 53, was convicted on Dec.
29, 1978, of two counts of assault causing bodily harm
in connection with assaults upon two of Ms.
Bottineau's children, then aged 5 and 6, from a former
relationship. He was sentenced to two years of
probation and fined $150 on each charge.
The two children were later made Crown wards and
subsequently adopted.
Shortly after Jeffrey's death, CCAS executive
director Mary McConnville acknowledged that the agency
had failed to check its own files and that, had
someone done so, the revealing information about Ms.
Bottineau and Mr. Kidman was there to be found.
Ms. McConnville said at the time that the agency
had no policy for staff to check files in cases called
"kinship care," in which relatives step
forward to seek custody of youngsters whose own
parents are deemed unfit, such as Ms. Bottineau did
when daughter Yvonne saw first one, then two others
and finally a fourth child taken from her.
There is such a policy now.
If the role of the agency and its worker are
somewhat peripheral to the criminal trial - it is Ms.
Bottineau and Mr. Kidman who are charged after all -
the publicity around the details of how they came to
gain legal custody of four youngsters might increase
pressure upon the Ontario coroner's office to call an
inquest into Jeffrey's death after the trial is
over.
That decision hasn't yet been made, deputy coroner
Dr. Jim Cairns told The Globe and Mail yesterday.
Jeffrey died of the complications of starvation
almost three years ago; baby Jordan died of
starvation in 1997; three years before that, another
tiny charge of the agency was making headlines.
That was baby Sara Podniewicz, who died gasping for
breath, her lungs filled with pneumonia, in her car
seat at the age of six months and 10 days.
She had 24 broken bones at the hands of her
crack-addled parents and yet at their trial - both
were convicted of second-degree murder - a CCAS worker
and another the agency had contracted to monitor the
home were questioned at length about the jarringly
cheerful notes they had made documenting Sara's
alleged progress.
Convicted Murderer Freed
September 21, 2005
Bill Mullins-Johnson, who was convicted of homicide
on the testimony of the discredited Dr Charles Smith, is
now free. Widespread attention to this story may help
alleviate the moral panic surrounding child abuse.
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C B C . C A N e w s - F
u l l S t o r y :
Mullins-Johnson granted bail after 12
years in prison
Last Updated Wed, 21 Sep 2005 11:29:05 EDT
CBC News
Bill Mullins-Johnson has been granted bail after 12
years in prison while the federal justice minister
determines if he was wrongfully convicted.
Bill Mullins-Johnson answers questions
after walking out of court in Toronto (CP
Photo/Frank Gunn)
The 35-year-old man was convicted in 1994 of
sodomizing and strangling his four-year-old niece. No
forensic evidence linked him to the crime, yet he was
convicted based on testimony from two
pathologists.
Two experts now say that the girl was not sexually
abused, and in fact died of natural causes.
Wednesday, a freed and emotional Mullins-Johnson
said the past 12-years have been nothing but hell for
him and his family. He said the '94 trial wasn't
justice, it was an injustice and his family has been
torn apart by it. He added he's looking forward to
exonerating himself.
Family members put up $125,000 in bail money.
The 35-year-old Sault Ste. Marie man said he loved
his niece and that his heart went out to her parents.
"I appreciate what the parents of my niece have gone
thorough -- they lost a little girl in all this," he
said.
Justice Minister Irwin Cotler must now decide
whether to order a new trial or send the case back to
the Ontario Court of Appeal.
Politicians Squabble over Dead Girl
September 21, 2005
Sherry Charlie was a ward of child protectors in
British Columbia, and died in their care. In this case
as well, the child protectors attempt to blame
the contractors for their failure.
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THE TIMES COLONIST
Tot's death probe sparks new inquiry
Children's ministry under fire for avoiding
spotlight in investigation of Sherry Charlie
case
Lindsay Kines and Jeff Rud
Times Colonist
Wednesday, September 21, 2005
B.C.'s Children and Family Development Minister
Stan Hagen announced an inquiry Tuesday into why his
ministry altered its investigation into the death of
19-month-old Sherry Charlie.
In a move quickly dismissed by the NDP as another
coverup, Hagen said the inquiry won't re-open the
original investigation or examine the ministry's role
in Sherry's care.
Instead, Hagen asked Attorney General Wally Oppal
to appoint Child and Youth Officer Jane Morley to
investigate. She will look at why the original
review's terms of reference were changed to focus on
the aboriginal agency involved, rather than the
ministry. Morley will also examine the time it took
to release the report, a censored version of which was
first issued earlier this summer. Finally, she will
study the ministry's policy regarding internal
investigations.
The report is due Dec. 1.
NDP children's critic Adrian Dix predicted a
whitewash, because the government didn't instruct
Morley to ask questions that were deliberately ignored
by the original probe.
Dix said Morley's review won't look at the role
that ministry budget cuts, staff reductions, and a
massive reorganization played in Sherry's death.
"This is an investigation to tell us a very limited
number of things, to tell us who said what to whom in
the Ministry of Children and Families," Dix said.
"But the failure of the child protection system is
what they continue to cover up with this
investigation.''
Sherry died at Port Alberni in 2002 after being
placed with her uncle under a kith and kin
arrangement, in which children are given to relatives
rather than taken into foster care. Sherry's uncle
killed her a few weeks after she was placed in his
home by the Nuu-chah-nulth child protection agency,
Usma.
The ministry's investigation uncovered failings,
including the fact that a criminal record check was
never completed on the uncle, who had a history of
violent offences. The review also found problems with
information sharing between the aboriginal agency and
the ministry. Agency social workers weren't trained
to do kith-and-kin agreements, and the ministry
provided only partial background information.
But, in response to NDP questions this week, Hagen
confirmed that early in the investigation, senior
officials in his ministry changed the terms of
reference to block the probe from looking at the
ministry's role in Sherry's care.
Hagen produced two documents Tuesday showing that
in a letter dated Sept. 26, 2002, David Young,
director of child protection responsible for
aboriginal agencies, states that the review of
Sherry's death will examine five areas, including
whether the ministry's response met established
standards. The recipient of the letter is blanked
out. In a subsequent letter dated Nov. 6, Young
drops any mention of the ministry's response, and says
the review will look at four areas.
Addendum: We have a page with articles devoted
to Sherry
Charlie.
More Secrecy for Finck/VandenElsen
September 21, 2005
Halifax police
want to keep the final report on the standoff at the home of
Larry Finck and Carline VandenElsen secret.
Papa t'aime
September 20, 2005
Today Andy Srougi of Fathers for Justice climbed the
Jacques-Cartier bridge in Montreal, stopping traffic.
Other F4J demonstrations occurred in a half-dozen other
Canadian cities.
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Montreal Gazette
Two charged for bridge stunt
Canadian Press
Tuesday, September 20, 2005
CREDIT: ALLEN MCINNIS, THE GAZETTE
Bridge protest snarls city traffic for 12 hours.
LONGUEUIL, Que. -- Two men were charged with
mischief on Tuesday after a major Montreal bridge was
closed for 12 hours in a stunt aimed at pushing for
more rights for fathers in custody cases.
The Jacques Cartier Bridge was closed Monday,
forcing thousands of angry motorists to use other
bridges to get to work and back home in communities
across the St. Lawrence River from Montreal.
Andy Srougi, 39, also faces conspiracy and
obstruction of justice charges in addition to two
mischief charges.
Stephane Dube was charged with two counts of
mischief and breaking conditions.
The men are part of a group called
Fathers-4-Justice and want an inquiry into the way
fathers are treated in family law.
A man atop the bridge unfurled a banner that said,
Papa t'aime (Daddy Loves You).
Similar protests took place on the same bridge last
May and on a Vancouver construction site a few weeks
ago.
A bail hearing will be held for Srougi and Dube on
Thursday in Longueuil on Montreal's south shore.
Brantford Charity Helps Needy Family
September 17, 2005
Here is a first person report from a family helped by
the benevolence of the Children's Aid Society. It is in
the father's words, subject only to a few editing
changes to clarify grammar.
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I am writing to you because our family here in
Brantford is fed up with the local SS group -- I mean the
Children's Aid Society of Brantford. For 12 years off and
on they have harassed us every time we tried to get our
children the help recommended by schools. The CAS comes
in and interferes with any progress we have worked on with
the children. My wife Diane has done a tremendous job of
getting the children the help they needed but the last two
years have been the worst from the CAS.
In December 2003 my son attacked me and was trying to
get something out of the silverware drawer. I stopped him
but he punched me a couple of times before I could turn to
him. I was arrested for assault that night and told I
could not go home.
While I was living with my parents I took groceries
paid the rent and utilities and helped my wife out as best
as I could while being under a court order not to go home.
Then my son took his rage out on our oldest daughter and
severely injured her and threatened my wife Diane. Diane
had several times gone to the Attorney General to get the
charges dropped but they refused.
I found a new place to live with our daughters because
there was not enough room at my parents'. My mother
helped Nancy with her injuries and I had to go to court.
My lawyer forced me to plead guilty for something I did
not do and CAS put me on the registry for child
assault.
Diane and I were left with no choice but to have our
son Henry removed from the house because he was like a
time bomb and we could not trust him any more for his
actions. Diane and I had tried for years to get him help
but we were interfered with by the CAS every time we made
headway with him.
So now this new witch hunt. In January 2005 the CAS
got involved with our oldest daughter Nancy. She was
skipping school at BCI and my wife Diane found out about
it half way though her school year. We grounded her for
it and I went to work. Then Diane called me at work
saying that Nancy had run away from home. Diane called
the police. We did not know that when you call the police
on a runaway the CAS is automatically involved. So when
we got Nancy back home Mike Kasurak the CAS worker said
that there were no safety issues at the home and he was
going to close the case but told me that I should spend
more time with the girls.
The following month Maria our youngest daughter did not
return from school and Diane and I got worried that
something had happened to her. I was just going up to the
school when the phone rang and it was the CAS worker Mike
Kasurak saying that he had Maria and he would be over with
her in 15 minutes. An hour went by and Mike Kasurak
finally showed up with 2 Brantford Police officers and
said we did something bad to Maria. Diane and I had no
idea what he was talking about and we were told we could
not have our daughters returned home. Diane and I finally
found out that I was accused of sexually touching our
daughter Maria at Christmas time which I could not figure
out because Maria is a little chatter box. If that
happened she would have told someone in our family. Also,
there were 17 witnesses that night.
Then Diane and I found out that during an interview
with Mike Kasurak at BCI Nancy had her top unzipped by
Mike Kasurak so he could see the tattoo on her breast. We
told CAS but they ignored it.
So now to date our family is 20 thousand dollars in
debt from this witch hunt and we still can not have Maria
back from CAS. Diane and I have got Nancy cleaned up from
the drug abuse and the hell she went through in foster
care. They have taken Mike Kasurak off our case and put
Danilla Turco in charge but the lies on court documents
and the witch hunt continues.
So we are now searching for advice on how to go about
dealing with the situation of having our daughter Maria
returned to us. The reason we are stating that she should
be returned to us is because the conclusion of the police
investigation was that there was no evidence that there
should be charges against Maria's father Mike Lund. My
wife Diane Lund is saying that she has gone through enough
and is tired of fighting CAS when there is no reason
because of the result of the police investigation. As
well l have dealt with a few scares of my wife having two
nervous break downs and an attempt to commit suicide.
So I wish that someone could help our family before our
family has a final separation and we no longer are
together as a one unit family, as we should be and were
before CAS came into our lives twelve years ago. Also
unless we can get rid of them we will always worry about
what else they may come up with to tear our family apart.
Mike Lund, Diane Lund, Henry Lund, Nancy Lund, and Maria
Lund.
Sincerely,
The Lund Family
Mike Lund
(address)
Brantford, Ontario
(postal code)
(519) (phone)
ditto@execulink.com
Addendum: September 22, 2005. This story was
posted in response to a request from the author for
assistance in publicizing his case. Children's Aid has
made no objection to Dufferin VOCA, but they have
threatened the author with prosecution. They did not
object to being tagged as "the local SS group", only the
disclosure of the names of the family. To keep this
family out of trouble we have changed the family names
to pseudonyms and removed the author's street address.
You can send him mail at the email address shown. The
name of the social worker is as in the original request.
Though we will not post the family name and address
publicly, you can get them privately from Dufferin VOCA
at our email address on our home page.
More Abuse of CAS Wards
September 16, 2005
Here is more news about how the Catholic Children's
Aid Society of Toronto cares for its wards.
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Toronto Sun
September 16, 2005
'He always eats well'
Grandfather accused of starving boy to death portrayed
Jeffrey as healthy to police, court hears
By SAM PAZZANO, COURTS BUREAU
Justice David Watt, left, presides in court
yesterday as the accused Norman Kidman and Elva
Bottineau watch Kidman's videotaped statement.
(Pam Davies, Sun illustration)
Tiny Jeffrey Baldwin was locked up in his bedroom
to prevent him from drinking toilet water in the
middle of the night, court heard yesterday.
Jeffrey's grandfather Norman Kidman told detectives
of the gruesome details of the 5-year-old boy's life
in a videotaped statement that was played in court
yesterday.
Kidman and his longtime common-law wife, Elva "Eve"
Bottineau, are accused of starving Jeffrey to death,
confining him in his urine-and-feces infested, frigid
bedroom. Both 53-year-olds have pleaded not guilty to
first-degree murder in Jeffrey's Nov. 30, 2002 death.
The Catholic Children's Aid Society awarded custody
to the couple in 1998.
Kidman portrayed Jeffrey to police as a healthy,
but "borderline retarded" boy who always had a good
appetite.
But Kidman admitted to police he had "no idea" how
much Jeffrey weighed.
"He always eats well. A very good eater. Jeffrey
is, always was, always was a good eater," Kidman said
in the interview with police.
Jeffrey weighed 21 pounds when he died, or as much
as the average 10-month-old baby, and court has heard
his appearance shocked everyone who saw the stunted
boy at hospital.
NOT TOILET-TRAINED
Kidman said Jeffrey wasn't sent to school because
he wasn't yet toilet-trained and wouldn't have been
accepted. Jeffrey's room was stripped of all
furnishings and toys because he would smear them with
feces, Kidman said.
Kidman said he and his wife stopped Jeffrey from
banging his head off the floor.
"Was he a normal size?" Det. David Simpkins asked
in the interview.
"No, Jeffrey was small. He was always small. He
was always tiny," Kidman said.
Evidence presented earlier in the trial showed that
Jeffrey, as an infant, was in the 97th percentile for
height, or extremely tall for his age.
Jeffrey was "fine" and healthy the last time Kidman
saw him naked two or three weeks before his death,
court heard in the interview.
Medical evidence presented earlier in the trial
concluded Jeffrey would have appeared as gaunt and
emaciated in the last few months of his life as he had
at death.
MOM SHOOK BOY
Kidman said his daughter Yvonne lost custody of
Jeffrey and his sister after a welfare office worker
spotted the mom shaking one of the kids. Yvonne lost
an earlier baby for leaving her in the house while she
was fighting in the street, court heard.
Jeffrey was never physically abused, only "smacked"
for misbehaving sometimes, Kidman told police.
Jeffrey had blunt force trauma injuries on his
head, court has heard.
Universal Child Tracking
September 15, 2005
Holland is introducing a file to track every child.
Fragmentary evidence suggests this may already be
happening in Canada, but without any public
announcement. Big sister is watching.
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Yahoo! News / The Associated Press
Dutch to Open Electronic Files on
Children Tue Sep 13, 6:36 PM ET
The Dutch government plans to open an electronic
file on every child at birth as a tool to spot and
protect the troubled kids of the future.
Beginning Jan. 1, 2007, all citizens will be
tracked from cradle to grave in a single database
— including health, education, family and
police records — the health ministry said
Tuesday.
As a privacy safeguard, no single person or agency
will be able to access all contents of a file. But
organizations can raise "red flags" in the dossier to
caution other agencies about problems, ministry
spokesman Jan Brouwer said.
The intention is to protect troubled children,
Brouwer said. Until now, schools and police have been
unable to communicate with each other about truancy
records and criminality, which are often linked.
"Child protection services will say, 'Hey, there's
a warning flag from the police. There's another one
from school. There's another one from the doctor,"
Brouwer said. "Something must be going on and it's
time to call the parents in for a meeting."
Every child will get a Citizens Service Number,
making it easier to keep track of children with
problems even when their families move, said Secretary
of Health Clemence Ross.
"Safety, guidance, education and supervision are
incredibly important for the development of children,"
Ross said.
All Dutch births are currently registered with
local authorities.
Adoptive Children Caged
September 14, 2005
We have an extensive comment on this story following
its end. It comes from the website of the CBC, though
because of a strike, maybe not from the normal CBC sources.
The original is marked also "Canadian Press".
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'Caged' kids from Ohio home
well-dressed, well-fed, well-behaved: neighbours
01:35 AM EDT Sep 14
WAKEMAN, Ohio (AP) - Eleven children removed from
an Ohio house where authorities said some of them
slept in homemade cages are polite, well-behaved,
well-dressed and appear to have been well-fed,
neighbours and authorities said Tuesday.
Their adoptive parents, Michael Gravelle, 56, and
Sharen Gravelle, 57, denied in a custody hearing
Monday they abused or neglected the children, aged one
to 14, who have conditions that include autism and
fetal alcohol syndrome.
No charges had been filed as of Tuesday afternoon
and messages left with the couple's lawyer were not
immediately returned.
The Gravelles said a psychiatrist recommended they
make the children sleep in the cages, Huron County
Prosecutor Russell Leffler told the Norwalk Reflector
newspaper. The parents said the children, including
some who had mental disorders, needed to be protected
from each other, a search warrant on file at Norwalk
Municipal Court stated.
Leffler refused comment Tuesday at his office.
Neighbours said they often saw or heard the
children playing and the family yard was littered with
toys - plastic cars, tricycles, slides and an
overturned skateboard near a wooden ramp. Seven
bicycles were piled in a storage shed.
"Those kids were dressed better than some of
the kids who live in Cleveland," said Jim Power,
who lives across the street.
"They behaved like any other kids when they
were outside playing."
At night, authorities said, eight of the children
were confined in one-metre-tall wooden cages stacked
in bedrooms on the second floor. The cages were
painted in bright, primary colours, with some rigged
with alarms that would send a signal to the downstairs
when a cage door was opened. One cage had a dresser
in front of it, county sheriff's Lieut. Randy Sommers
said Tuesday.
"The sheriff and I stood there for a few
minutes and just kind of stared at what we were
seeing," Sommers said.
"We were speechless."
No one answered the Gravelles' door Tuesday and the
grey, four-bedroom house was dark. A pig, roosters
and other animals shared the yard outside Wakeman, a
community of about 1,000 people, 80 kilometres west of
Cleveland.
The children have been placed with four foster
families and were doing well, said Erich Dumbeck,
director of the Huron County Department of Job and
Family Services.
"We're still trying to figure out what
happened in that home," Dumbeck said.
"We don't have any indication at this point
that there was any abuse."
Sommers said a social worker investigating a
complaint contacted authorities. Dumbeck would not
discuss the complaint.
The search warrant said the cages had mats and the
house smelled of urine. One boy said he slept in a
cage for three years, Sommers said. A baby slept in a
small bed and two girls used mattresses
Deputies said they were called to the home last
year when a 12-year-old boy was upset and ran away for
several hours. He was found not far away.
Although the family has lived in Huron County for
10 years, the children were adopted through other
counties and states, Dumbeck said. He said his agency
was trying to determine how the adoptions were
completed.
"I don't believe there were any caseworkers
checking in with this family," he said.
Reviews are ordered only when there is a complaint.
One of the children, a boy born with HIV, was
adopted as an infant in 2001 through the Cuyahoga
County Department of Children and Family Services, the
agency's director Jim McCafferty said. The Gravelles
received a subsidy of at least $500 a month to care
for him.
The private agencies who reviewed the couple's home
life before the adoption gave them "glowing
reports," McCafferty said.
Leah Hunter, who lives two houses away, said she
often saw the children walking down the road.
"They looked OK. They hardly ever wore shoes
but I'm a country girl and for me that's normal,"
she said.
This may simply be a case of bad adoptive parents. But
based on past experience, it could be an indication of other
problems far deeper in the social services system than
foster parents.
On October 10, 2003 Bruce Jackson, 19-year-old adopted
son of Raymond and Vanessa Jackson, was found foraging for
food in a neighbor's trash near his home in Collingswood New
Jersey. Once the matter came to the attention of police,
the appalling facts of the case came to light. Bruce, age
19, looked to the police like a seven-year-old. He stood
four feet tall and weighed 45 pounds. The family had seven
children, three girls and four boys. One of the girls was a
foster child about to be adopted, the others were all
adopted. While the girls appeared normal the boys were all
emaciated. They were:
| Michael | 9 years | 23 pounds |
| Tyrone | 10 years | 28 pounds |
| Keith | 14 years | 40 pounds |
| Bruce | 19 years | 45 pounds |
The parents made the lame excuse that the boys suffered
from eating disorders, though they had no explanation for
why there was an epidemic in their family.
The police, the press, the local child protectors, the
state prosecutor and the US Congress went to work on the
case. The seven children were instantly removed from the
Jackson home and placed in foster care. Newspaper stories
appeared daily with shocking new revelations. Caseworkers
had visited the home 38 times in two years without noticing
the malnourishment. The family had kept the children in
isolation by homeschooling. Bruce had bad teeth and
remained hospitalized. Bruce, and possibly the other boys
as well, had lost weight since his adoption in 1999. In
foster care the children were fed properly and began to gain
weight. The Jacksons had received a subsidy of $28,000 a
year to care for the children.
But even at the outset, some things about the case did
not add up. The initial reports described the family as
homeschoolers, one of the bugaboos of the social services
system. And there was the pastor, Harry Thomas. He had
seen the family up close, and had only praise for the
parental love given to the entire family. He stated his
praise in the press, and in congressional hearings held
shortly after the scandal broke.
The mystery unraveled a year later with the publication
of an in-depth story by David France in New York Magazine. There is a rare
eating disorder called rumination. Sufferers regurgitate
their food and chew it again. Eating the same meal more
than once is less nutritious than eating a new meal, leading
to malnutrition. The regular presence of stomach acid in
the mouth causes rotting of the teeth.
Remediating rumination requires expensive treatment. New
Jersey DYFS decided not to provide the treatment, but to
dump four of their cases on the Jacksons. The family was
not sophisticated enough, or wealthy enough, to seek the
required treatment, and the boys languished. When the
scandal finally broke, the Jacksons became the
scapegoats.
Now we have another case, this time in Ohio, of many
adopted children all exposed to inexplicable abuse. This
could be a case of genuine abuse in foster/adoptive homes.
Depending on what numbers you look at, abuse in foster homes
is three to ten times more prevalent than in natural
families. But the neighbors say it was a happy family, and
aside from cages, installed at the urging of a psychiatrist,
everything seemed normal. The psychiatrist's advice makes
some sense, because in foster care the main risk of child
abuse is not foster parents, but other children.
So is this a malevolent family of child-abusers? Or a
naïve family that follows doctor's orders uncritically?
Or even a family being set up to take the blame for a
scandal? We will be watching news reports for answers.
Call for Release of Falsely Convicted
September 13, 2005
Every moral
panic breeds its own brand of experts supporting its
excesses. Here is another article on the work of Dr
Charles Smith, who has found so many cases of child
homicide that his opinion is now suspect.
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Group says murder convict is innocent,
calls for release
Last Updated Tue, 13 Sep 2005 16:53:57 EDT CBC News
The Association in Defence of the Wrongly Convicted
said Tuesday that Canada has another wrongful
conviction case - a man was convicted of raping and
killing a four year old Ontario girl in June 1993, but
it now seems that the girl died of natural causes.
Lawyer James Lockyer in December 2004.
(CP PHOTO/Aaron Harris)
The group wants Bill Mullins-Johnson to be let out
of prison on bail while Ottawa decides how to deal
with what they said is the latest name on a long list
of miscarriages of justice.
James Lockyer, director of the association, said:
"Once again we have a man who's spent a lot of time in
jail -- 12 and-a-half years in his case -- not just
for a crime he didn't commit, but for a crime that
never happened."
Mullins-Johnson of Sault Ste. Marie, Ont., was
convicted of first-degree murder in 1994 for
sodomizing and strangling his four-year-old niece
Valin Johnson in June 1993.
The conviction was based on what his backers call a
"rush to judgment" by pathologists, who testified
Valin had been chronically sexually abused and
strangled or smothered. Their findings were backed up
by Dr. Charles Smith, a Toronto pathologist whose
conclusions in dozens of child deaths are currently
under review.
Smith -- who until recently was with Toronto Sick
Kids hospital -- told Mullins-Johnson's 1994 trial
there was clear evidence Valin was killed while being
anally raped, something no one who did the actual
autopsy had detected. There was no semen or other DNA
evidence to support that finding.
Now, Dr. Michael Pollanen, a top pathologist with
Ontario's coroner's office, and a British expert, have
both concluded Valin was not abused, sodomized nor
strangled, they believe she died of natural causes.
Lockyer wants federal Justice Minister Irwin Cotler
to quash the conviction and order a new trial or, at
the very least, refer it back to the Ontario Court of
Appeal.
On Tuesday in Toronto, Lockyer said Canada needs an
independent tribunal to review claims of wrongful
convictions such as one set up in the U.K. eight
years ago. It has already found more than 50 murder
convictions were unjustified.
Lockyer said: "All we have now is a sort of a
piecemeal examination of a case here and case there
primarily brought forward by our organization. It's
just not good enough."
Doctor Smith Resigns
September 12, 2005
In June we reported on the case of pathologist Dr
Charles Smith who seemed to treat every death of a
child as a homicide. He left his position at the
Hospital for Sick Children in July, but the resignation
was undisclosed until now.
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The Globe and Mail
Embattled pathologist no longer at
Sick Kids
By JOE FRIESEN
Monday, September 12, 2005 Page A10
Dr. Charles Smith, a pediatric forensic
pathologist whose work is being reviewed by the
coroner's office, has resigned from his post at the
Hospital for Sick Children.
Once considered Ontario's leading expert on
pediatric forensics, Dr. Smith has been surrounded by
controversy in recent years.
In 2003, he was removed from the five-person team
that conducts autopsies for the coroner's office after
judges and medical authorities criticized his methods
and conclusions. He continued to work as a
pathologist at the hospital, earning a salary of
$290,000 last year. But earlier this year officials
discovered that evidence crucial to criminal cases had
gone missing in his office.
A hospital spokeswoman gave no reason for his
departure, but said he resigned in July. No
announcement was made.
In June, Chief Coroner Barry McLellan launched a
review into 40 homicide and suspicious-death cases
handled by Dr. Smith since 1991. It was to be
conducted by a panel of independent experts and was
expected to examine whether Dr. Smith's autopsies and
consultation reports in a number of sensitive cases
were reliable. At the time, Dr. McLellan said the
review was necessary to maintain public confidence in
the coroner's office.
The review was sparked by an internal audit into
the keeping of evidence and tissue slides in the
specialized forensic pathology unit at the Hospital
for Sick Children. That audit of the 70 cases handled
by the unit since it opened in 1991 uncovered a few
instances in which microscope slides and tissue
samples had been misplaced.
In 2002, a senior Crown official asked Ontario
prosecutors to look at their files to find cases where
the credibility or reliability of Dr. Smith was
called into question. They identified 25 such
cases.
Lawyers from the Association in Defence of the
Wrongly Convicted have been calling for a public
inquiry into Dr. Smith's work. In June, Cindy Wasser
of AIDWYC said, "He's not just any doctor. He's a
forensic pathologist who gives evidence in homicides,
the most serious offence in the Criminal Code.
People's lives were involved, not to mention the grief
of losing a baby, a child, an infant . . . none of
those people have closure."
In 1998, three-year-old Tyrell Salmon died in
Toronto. As a result of Dr. Smith's conclusions,
Maureen Laidley, the girlfriend of Tyrell's father,
was charged with murder. The charge was later
withdrawn after three other pathologists said the bump
on the child's head was caused by a fall against a
coffee table.
In the case of Amber S., a local coroner concluded
that the 16-month-old girl died from a fall. Dr.
Smith ordered that her body be exhumed and came to the
conclusion that her 12-year-old babysitter had killed
the girl by shaking. She was charged with the crime.
But when it went to trial, 18 other pathologists
questioned Dr. Smith's methods. The babysitter was
acquitted and the judge suggested that Dr. Smith had
tunnel vision.
Adoption Disclosre is Back
September 12, 2005
The Ontario adoption disclosure law, bill 183, abandoned by the government in the spring, is
back under consideration. The disclosure veto for birth
parents is gone. The following article gives the
legislative facts, along with a case in which adoption
disclosure could have been helpful in restoring a family
sooner.
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The Globe and Mail
Adoption changes would open door to
the past
But unwanted revelations could destroy lives, say
privacy advocates
Monday, September 12, 2005
Michelle Edmunds was 1½years old when she was
taken from her home in Toronto and placed in foster
care. But she never stopped thinking about her mother
-- what she was like, the colour of her eyes, and why
she had given her baby up for adoption. They finally
reunited when Ms. Edmunds was 34.
Ms. Edmunds, now 42, said the happiest day of her
life was when she received family photographs in the
mail from her mother in 1996. Her younger brother,
John James, had the same red hair and freckles and
looked like her twin. The photo of her grandmother as
a young woman bore an uncanny resemblance to Ms.
Edmunds -- they had the same eyes and mouth.
"I could actually look at those pictures and
see myself," she said.
The photos helped Ms. Edmunds fill in some of the
missing pieces about her past. She began searching
for her birth mother in 1975. But she does not
understand why it took 21 years before she had enough
information to track down her mother, who had moved to
Edmonton. She also met four of her brothers and
sisters and is still searching for her father.
"It's my identity. How could anybody have the
right to withhold that from me? "
Ms. Edmunds decided to share her story with The
Globe and Mail after the proposal of legislation in
Ontario that would lift the veil of secrecy on
adoption records. Hearings resume Wednesday.
Ms. Edmunds, who is single and works as a
counsellor helping immigrants find jobs, is on one
side of a battle, sparked by the government's efforts
to bring greater openness to a process that has long
been confidential.
On the other side are privacy advocates who say the
government has gone too far by proposing to
retroactively expose the identities of birth parents
who expected decisions they made to remain
private.
Ontario Privacy Commissioner Ann Cavoukian is
leading the campaign defending the rights the birth
mothers who now fear exposure because they have never
told even their families about having a child they
gave up for adoption.
"I feel like I have no other choice," Ms.
Cavoukian said. "I feel that it's my job, because
there's no one else to express this view."
Under the current law, in place since 1927,
adoption records are sealed. The only way for birth
parents and adopted children to reunite is for both to
register with the government to have identifying
details revealed. Even then, a match can take as long
as three years.
The proposed legislation, known as Bill 183, would
allow individuals at age 18 access to their birth
records, which contain their original name and
information about their birth mother. Parents would
have access to birth records and adoption orders once
the child turns 19.
Ms. Cavoukian is urging the government to amend
the bill to give birth parents and adoptees who want
their identities protected an automatic disclosure
veto for adoptions that occurred before the proposed
rules take effect.
She's received hundreds of letters, many from
elderly birth mothers who fear revelations about their
past would destroy their families.
"I made the hardest decision of my life 20
years ago alone with no family knowledge of my
pregnancy or adoption," says one letter.
"These proposed changes could completely upset my
life as it stands today."
Ms. Cavoukian said the goal of greater openness of
adoption records can be achieved without trampling on
the rights of these individuals and potentially
destroying their lives. She has the support of every
one of Canada's federal and provincial privacy
commissioners and the provincial Progressive
Conservatives.
Tory MPP Norm Sterling called on the government
last week to withdraw Bill 183 and draft a new piece
of legislation to improve access to adoption records
without revoking the privacy rights of birth mothers
and adoptees.
Sandra Pupatello, Minister of Community and Social
Services, said there would be little point in changing
the legislation if it is not retroactive. The
government has amended the bill to allow adopted
persons who had been victims of abuse by their birth
parents to maintain their privacy and to allow others
who want privacy to appear before a tribunal where
they would argue that disclosure would cause
significant harm.
Ms. Edmunds said her thirst for information never
went away. "It wasn't a choice. It was a
physical need, a craving."
At 10, she was adopted into the family that
included three older children, where she had been in
foster care since the age of 2. But that did not end
her craving for information about her birth mother.
"Telling an adopted child that you love them
does not override that physical need to know your
roots," she said. "What adopted kids want to
hear is who they look like, what's your mother's name,
when's her birthday."
She remembers going through the telephone directory
when she was 10, looking for a listing for her mother.
She didn't find it.
When she was 13, her adopted family took her to the
Children's Aid Society in Toronto, and asked them to
give her some information about her background.
She got a document titled Non-identifying
information on child prior to adoption. It had basic
information about her background: she was born in
Chicago on Sept. 28, 1962, began walking at nine
months and had her tonsils removed at 3. It also
noted a doctor observed in 1964 that she never smiled.
She spent the next 20 years feeling confused and
thinking she could be related to everybody. On one
occasion, she approached a haggard-looking woman in a
bar -- she knew her birth mother was an alcoholic --
and asked if she had a daughter named Michelle.
In 1995, Ms. Edmunds returned to the Children's
Aid Society and found out more about her family. Her
mother was raised in an orphanage in Nova Scotia and
she had eight brothers and sisters. One brother died
in infancy and five other siblings were adopted or
became wards of the Crown.
She also found out that one of her older sisters,
Colette, had been searching for her for 17 years. She
met her and another sister, Mimi -- in New York where
they live -- and the three have become close. "We
became the sisters we should have been all along,"
Ms. Edmunds said.
The following year, Ms. Edmunds tracked down her
mother at an address in Edmonton with the help of a
friend who overheard her phoning across the country.
She spoke to her mom for the first time on the
telephone on Mother's Day in 1996 and went to visit in
September.
She said her mom was only 62 at the time, but
looked like 92. Her mother told her she had tried to
find her many times but that no one would give her any
information.
Ms. Edmunds was struck by one overwhelming
emotion. "l lost her for 34 years and then had
her for eight months. I never really cried because I
didn't know her well enough."
The reunion was bittersweet. Her mother died two
months later of pneumonia.
Instructions for Foster Parents
September 12, 2005
We have posted a section of the manual for foster
parents titled The Child
in the Foster Home. The dull prose provides
authority for some our statements about Children's
Aid.
We have previously suggested that when a child such
as Jeffrey Baldwin is harmed in foster care, the social
worker is the one primarily responsible, not the foster
parent. The manual strongly supports this conclusion.
In 31 items, all but seven require the foster parent to
defer to the social worker, the agency (Children's Aid)
or the child's doctor. The foster parent has discretion
only over food, clothing and transportation.
The manual forbids nursery school for foster children
except in special cases, though CAS compels natural
parents to send their children there.
Protection from Family Law
September 11, 2005
An article in the Western Standard, Dads on the Run
shows the ultimate result of destruction of family life
by the courts. It is not a better life for children.
Though the article does not mention it, the real reason
for the recent campaign against "identity theft" may not
be to guard against credit card fraud, but to track down
people who have started life under a new identity.
CAS Escapes Responsibility
September 9, 2005
Jeffrey Baldwin was a ward of the Catholic Children's
Aid Society of Toronto. He died by starvation at the
hands of his foster parents.
The prosecutor alleges that the foster parents abused
the child to keep their foster payments, a habit they
share with Children's Aid societies. As is customary in
these cases, the contractors are on trial, the agency
responsible for the child is not. The following report
is from the National Post.
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Boy, 5, was starved to
death
Weighed 22 pounds: Grandparents accused of treating
him 'like a dog'
Shannon Kari
CanWest News Service
September 9, 2005
CREDIT: National Post, Robert Sprull
The murder trial of two grandparents charged in
the starvation death of their five-year-old
grandchild Jeffrey Baldwin began Thursday.
Five-year-old Jeffrey Baldwin was locked in his
room, treated like a "dog" and kept alive for the
foster-care money he generated, the Crown alleged
yesterday at the murder trial of the dead boy's
grandparents.
Norman Kidman and Elva Bottineau, both 53, are
charged with first-degree murder in the November,
2002, death of their grandchild, who weighed less than
10 kilograms (22 pounds) when he died. The couple are
also charged with the unlawful confinement of Jeffrey
and his then-six-year-old sister.
The Catholic Children's Aid Society of Toronto
placed Jeffrey in the care of his grandparents in 1998
because of allegations of abuse. The children's aid
organization did not check its own files at that time,
and was unaware Mr. Kidman and Ms. Bottineau had
prior convictions for assaulting children.
Crown attorney Bev Richards outlined a series of
horrific details about Jeffrey's physical condition as
she began the prosecution's case before Judge David
Watt. The Superior Court judge previously ruled in
favour of a defence request and is presiding over the
case without a jury.
Emergency personnel who responded to a 911 call
placed by Ms. Bottineau on Nov. 30, 2002, found
Jeffrey's lifeless body on a kitchen counter, wrapped
in a towel, in the east-end home.
An autopsy determined the young boy was 93
centimetres tall and weighed 9.68 kilograms when he
died, just six weeks before his sixth birthday. Prior
medical records indicated he weighed slightly more
than that when he was just a year old.
The cause of death was found to be "chronic, severe
malnutrition," Ms. Richards said. The boy had "acute
bacterial bronchial pneumonia," and probably went into
septic shock in the hours before his death. Jeffrey
had abrasions on his body and "caked-on" collections
of bacteria on his skin that were estimated to be one
millimetre thick, she said.
Six adults and six children lived in the Woodfield
Road home owned by Mr. Kidman and Ms. Bottineau.
Jeffrey and one of his sisters lived in a bedroom with
a "hook lock" on the exterior door frame. The bedroom
reeked of urine and feces to the point the "smell was
right in your clothing," even after someone left the
room, Ms. Richards said.
A 24-year-old daughter of the couple (not Jeffrey's
mother) lived in the home with her boyfriend, James
Mills. The prosecution said yesterday Mr. Mills will
testify that Jeffrey was singled out, and he looked
like "skin and bones" and was "treated like a dog."
The boy was so thirsty he would sometimes lick water
out of the toilet, Mr. Mills told police.
Mr. Mills has also claimed Ms. Bottineau
explained that if she sought help for Jeffrey and his
sister it would "ruin" her foster-care cheque. "Those
two kids are $600 to me a month," Mr. Mills said he
was told. He reportedly did not go to the authorities
because he was afraid of being ordered to move
out.
Mr. Kidman and Ms. Bottineau, who have been in
custody since March, 2003, both pleaded not guilty
yesterday.
Ms. Bottineau was previously convicted in 1970 of
assault causing bodily harm in the death of her
five-month-old daughter, and was sentenced to a year's
probation. Mr. Kidman was convicted of assaulting
two of Ms. Bottineau's children in 1978, and received
two years' probation. This information was
contained in the files of the Catholic Children's Aid
Society when the couple won custody of Jeffrey. A
senior official in the organization told the National
Post in 2003 that it was "astonished" at the failure
to check its records, and it would correct a
"significant flaw" in its policies. The trial
continues today with testimony from a senior pediatric
specialist at the Hospital for Sick Children.
Ellis in Court
September 7, 2005
Aneurin
Ellis has filed an affidavit in the court case in
which CAS wants to have
him jailed.
In August we reported that CAS denied membership to an
applicant. We now have the reasons from the
Children's Aid Society of Waterloo Region, denying
membership to Patricia Ellis. They are: her husband
Aneurin Ellis is of bad character owing to his legal
wrangles with Children's Aid and his attempts to alert
the public to CAS policies, and consequently they deem
it unlikely that Patricia will support the goals of the
society.
Commentary:
Do you think taxpayers unhappy with policies should
have a voice in how their taxes are spent? Children's
Aid doesn't.
The Children's Aid Society of Waterloo Region has
denied membership to a mother on grounds that her
husband is not of good character, and his views are not
in accord with the goals of the society. This policy,
necessary for private advocacy groups to avoid diluting
their membership, now applies to spending of public
funds as well.
The Children's Aid Society of Waterloo Region, spends
$38 million per year of tax money. The members elect
the directors, who in turn hire the management, which
makes the operational decisions and policies. The
membership policies deny critics a voice in
spending.
CAS pretends to be a private charity, but that
pretense is a sham. Charitable contributions are only
$210 per year.
Addendum: On September 7 the court hearing
resulted in a finding of contempt. As nearly as we can
decode the judge's handwriting, the outcome is:
Sept 7/05
Mr Ellis is found in contempt. Order to go
(illegible) he is to send a written unambiguous +
unreserved retraction + apology to Mssrs Chalk,
Ringrose + Boles by sending them the correspondence at
their workplace + to notify the Children's Aid +
Waterloo Regional Police Services within 15 days
Failure to do will result in a jail term of 30
days. (illegible sentence). Costs fixed at 3000.00 +
GST.
/signed/ FEDAK, J.
In two legal actions, the Children's Aid Society has
gouged ten thousand dollars out of this family. The
result can only make conditions worse for the children
they purport to protect.
Batman and Robin Return!
September 3, 2005
According to Fathers-4-Justice, Batman and Robin
scaled a crane this morning in Vancouver British
Columbia.
Batman
Addendum: The climbers were Batman (Robert
Robinson) and Robin (Chris Coderre). The event planned
for 24 hours ended in ten hours because of high winds.
The next day The Incredible Hulk (Kevin Christiaens)
climbed to the top of the New Westminster Supreme Court.
The police seem to have had a tip-off, and detained
standbys Batman and Robin. The event ended in three
hours with the descent of the Hulk, and all were free to
go.
Here is TV coverage of the event (wmv
format).
Abuse in Foster Care
August 31, 2005
In a published decision, judge John I Laskin of the Court of Appeal
for Ontario describes the maltreatment of four
Children's Aid Society wards by foster parent Richard
Burke. Section B contains the narrative of the
abuse.
Here is a local copy
(pdf).
Deaths Concealed
August 31, 2005
Today Dufferin VOCA posts a news article by Arizona state
representative Laura Knaperek in the Arizona
Republic. Following the article is some research
and analysis showing that most foster care deaths are
concealed from the press in both Arizona and
Ontario.
Children Drugged by Force
August 28, 2005
The article Inside Incarnation gives more on the New York
foster children used for drug experiments. Children who
refused to take the pills were given sugical implants to
make drugging easier. Justifiable for life-saving
medicines, but dubious to get experimental data.
Addendum: Commentary by oncologist Dr Dolores
A Sicheri:
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I sat for 5 years on a University Ethics Committee.
Children are a "protected group." Ethics committees
frown on clinical research in "protected groups."
There has to be good reasons and possible benefits.
There has to be a responsible person weighing benefits
vs. risks and giving informed consent. This person
also has the responsibility to withdraw consent if the
study drug proves too onerous or too toxic for the
child. The service providers in this particular case
failed to fulfil this obligation. This is the reason
for the media uproar. Putting feeding tubes into
these children to administer the drugs is simply
outrageous.
This case will go on to become part of the NCI's
repertoire of things not to do. All medical
professionals doing research are obligated to take a
course in medical ethics.
This case is analogous to the Meadowbrook Long
Island case of the 1970's. There parents were coerced
into enrolling their disabled children into a study of
the natural history of hepatitis B in an institution.
The only access into residential services for these
parents was to allow their child to be given the live
hepatitis B virus. They were allowed to bypass the
wait list for their consent.
Donation to Children's Aid
August 27, 2005
Following is a press release in which a company
endeavors to create corporate goodwill by donating to
the Children's Aid Foundation. Some more feedback such
as that below might convince them to use some other
charity for that purpose.
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August 27, 2005
Stephanie Diodati
Communications Manager
Transamerica Life Canada
(416) 883-5418
stephanie.diodati@aegoncanada.ca
Subject: Drive For Life Golf Tournament
Madam:
This letter is in response to your press release
copied below. It contains the paragraph:
Transamerica will host 136 invited guests as they
tee off at 10am in an effort to raise an additional
$300,000 for the Children's Aid Foundation and The
Jean Tweed Centre. The funds will go towards a
Post-Secondary Education Endowment Fund, a new play
area, and other programs to help children and
at-risk mothers create a brighter future together.
Perhaps you are fooling us, but more likely the
Children's Aid Foundation is fooling you. The
Children's Aid Societies, supported by the Children's
Aid Foundation, do not allow children and mothers
to have any kind of a future together. They are in
the business of separating children from their
mothers, and permanently whenever practical. In the
course of organizing opposition, I have accumulated
the names of hundreds of mothers (and fathers)
adversely affected with the actions of the Children's
Aid Society because they have either lost their
children, or been threatened with the loss of their
children. There are also many foster care graduates,
among whom none are pleased with the "care" they
received while under-age. If you look into the
matter, you will find it difficult or impossible to
find a single parent or child happy with the
"services" received from Children's Aid. You can read
almost daily news of the atrocious conduct of this
agency on my website listed below, or dozens of other
websites created by victims of Children's Aid.
I suggest that your company can enhance its
reputation by redirecting its charitable donations
elsewhere.
Robert T McQuaid
RR 5
Orangeville Ontario L9W 2Z2
email: rtmq@stn.net
web: www.fixcas.com
news: http://fixcas.com/news/news.htm
Press release copied from the web at:
www.newswire.ca/en/releases/archive/
August2005/26/c3541.html
Attention News/Assignment/Photo Editors:
Transamerica Life Canada's Drive For Life Golf
Tournament Tees Off August 30th
Tragically Hip founder Gord Downie to give live
solo performance at Eagle's Nest
TORONTO, Aug. 26 /CNW/ - A major charitable
commitment is driving Transamerica Life Canada's
annual Drive For Life Golf Tournament. The
tournament, which will feature an intimate live
performance by Juno award-winning singer Gord Downie,
will be held Tuesday, August 30th at the Eagle's Nest
Golf Club in Maple, Ontario. Now in its ninth year,
the event has already raised over $2 million for
Canadian charitable organizations.
Transamerica will host 136 invited guests as they
tee off at 10am in an effort to raise an additional
$300,000 for the Children's Aid Foundation and The
Jean Tweed Centre. The funds will go towards a
Post-Secondary Education Endowment Fund, a new play
area, and other programs to help children and at-risk
mothers create a brighter future together.
"Children who suffer abuse and neglect, and women
who struggle with addiction and substance abuse are
among the most vulnerable members of society. We're
delighted that every dollar raised through Drive For
Life will go directly towards helping make a positive
difference in their lives," said David Boone, Vice
President of Marketing and Corporate Services at
Transamerica Life Canada.
"Transamerica is proud to be designated an Imagine
Caring Company because of our long-term commitment to
donating one per cent of annual pre-tax profits
through our charitable giving program, in the spirit
of hope," he added.
Previous Drive For Life tournaments have featured
such prominent personalities as comedian Leslie
Neilson, and Olympic speed-skating gold medalist
Catriona LeMay Doan. "This year, we're honoured to
have one of Canada's top musical talents lending
support to our event," said Boone. "Mr. Downie will
help us show others that it's possible to have a lot
of fun, while also doing something valuable for the
people of our community."
Photo opportunity:
Photographers and media representatives are invited
to Eagle's Nest Golf Club on August 30, 2005. The
event begins at 10am and Gord Downie is scheduled to
perform at 7:30pm, following dinner.
About Transamerica Life Canada
Transamerica Life Canada is a member of the AEGON
Group, one of the world's largest insurers. AEGON
N.V. and Transamerica Life Canada have consistently
received strong financial ratings from Standard &
Poor's and A.M. Best Company. In 2004, Transamerica
Life Canada had more than $600 million in gross life
insurance premium and recorded almost $9 billion in
total assets under management.
As an Imagine Caring Company, Transamerica Life
Canada donates one per cent of annual pre-tax profits
to in the spirit of hope, our charitable giving
program, which in the last seven years raised more
than $5.6 million for worthy charities in the
communities in which we do business.
About The Children's Aid Foundation
The Children's Aid Foundation, a national
organization, is committed to improving the lives of
abused and neglected children through Education,
Enrichment and Prevention.
About The Jean Tweed Centre
The Jean Tweed Centre is a caring and innovative
centre that addresses the treatment needs of women
with substance use and gambling concerns and their
families. Providing specialized services to more than
1500 women, The Jean Tweed Centre is the largest such
centre in Ontario.
For further information: Stephanie Diodati,
Communications Manager, Transamerica Life Canada,
(416) 883-5418, stephanie.diodati@aegoncanada.ca
Addendum: Here is another letter on the same
topic dated August 28, 2005:
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Hello Stephanie Diodati,
My name is John Dunn. I am a former Crown Ward who
lived in foster care for sixteen years. During that
time, I was moved through thirteen placements and
suffered abuse in a couple of the homes, not to
mention the psycological trauma of moving so much,
being uprooted from several schools and friends my
whole life, simply because of the way the child
welfare system is structured.
I created a thirteen minute documentary of my life
in foster care which takes you on a virtual subway
ride through the foster homes I lived in, as a way to
open the eyes of the public as to how many foster
children end up living as a result of the secrecy and
"confidentiality" offered them by the child welfare
system, which in effect, keeps us hidden from the
public, and from any attempts to truly advocate for
us.
I know there are good cases that come from CAS's
work, I can not deny it, but there are literally
thousands of children who suffer in foster care from
emotional, physical and sexual abuse, all hidden from
the scrutiny of the public eye.
Please, if you wish to help children and their
families, consider helping them before CAS becomes
involved in their lives... most of your donation will
end up paying for legal fees of a Society attempting
to terminate access to children in care by their
natural mothers, fathers, brothers and sisters...
Please listen to my story which aired across Canada
on CBC by clicking the link below:
http://web.ncf.ca/fe281/radio.html
Thank you
John Dunn
The Foster Care Council of Canada
http://web.ncf.ca/fe281/
Ontario Advisory Committee on Child and Youth
Services
http://oaccys.proboards34.com/index.cgi
Dead Baby Scam
August 27, 2005
Earlier we reported on the use of the Dead Baby Scam in
Canada. Here is a report from the BBC of the same
racket in the Ukraine. In Canada, no one offers a
mother €3000 for a baby. They simply sieze the
baby without compensation, and say it is in the best
interest of the child.
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Last Updated: Friday, 26 August 2005, 21:44 GMT
22:44 UK
Ukraine baby theft claims
probed
The mothers of the babies were said to be all in
excellent health
Harrowing reports of babies stolen at birth and
human organ removal in an Ukrainian city are to be
investigated by a top European political body.
The Council of Europe's Parliamentary Assembly is
sending a rapporteur to Kharkiv as Ukraine's
prosecutors delve into the cases of three mothers.
"People are afraid to even give birth now," Kharkiv
campaigner Tatyana Zakharova told the BBC News
website.
The main hospital under scrutiny has dismissed
accusations against it.
Ruth-Gaby Vermot-Mangold, the Parliamentary
Assembly of the Council of Europe (Pace) rapporteur,
is to visit Maternity Hospital No 6 after her arrival
on Monday and will meet local parents, Ms Zakharova
and Ukrainian officials.
Her trip will also take her to the capital, Kiev,
amid reports that babies may have been snatched at
birth in other Ukrainian cities.
The alleged baby thefts go back to the autumn of
2002 but the case achieved wider publicity last year
after MPs from across Europe tabled a motion at the
Pace, which brings together 46 countries.
Underlining real concern over baby-trafficking from
Eastern Europe, they pointed to newspaper adverts in
Moldova encouraging single mothers there to sell a
child for 3,000 euros.
Communal grave
"There has been no concrete follow-up in these
three [Kharkiv] cases," Agnes Nollinger, who is
accompanying Ms Vermot-Mangold, told the BBC News
website on Friday.
Prosecutors are still investigating the three
cases, nearly three years after Svetlana Puzikova
arrived in labour at the maternity hospital in the
early hours of a November morning.
She was in her 40th week and her family were
waiting to visit the new mother and child later in the
day.
Only the midwife and one other woman who was not
introduced to her were at hand for the birth, Tatyana
Zakharova of the National Ukrainian Federation of
Multiple-child Families (NUFMF) told the BBC.
The last she saw of her baby was it being passed to
the stranger. After that, 20 kilos lighter after her
delivery, she and her family were told it had died at
birth.
According to the NUFMF, doctors' records indicated
the birth of a healthy child was to be expected.
No birth or death certificates were issued as an
"abortion" had occurred, and the family was told that
the remains of Svetlana's baby had been consigned to a
communal grave with 27 other foetuses as "bio waste".
When the family demanded an inquest, this grave was
reopened the following year in the thaw of the harsh
Ukrainian winter.
Inside, the NUFMF reports, were 30 sets of remains,
not 28, and Svetlana's baby could not be identified
among them.
First-time mums
In late December 2002, Lena Zakharova (no relation
to Tatyana) should have given birth to her first baby
at Maternity Hospital No 6. It, too, was declared
dead.
A third mother, Tatyana Dormidontova, gave birth at
a maternity ward of another Kharkiv hospital in her
32nd week of pregnancy in July 2001.
Her baby was declared dead but the body was
reportedly that of a much bigger baby. The mother
herself died soon after birth.
All three women, according to Tatyana Zakharova,
were first-time mums and each was in excellent health.
This factor leads her to suspect the babies may
have been stolen for illegal adoption or, even worse,
for the use of their organs.
There are reports that the babies' parents - or in
Dormidontova's case the grandparents - were asked to
sign blank pieces of paper. In their confused and
fraught state they did not refuse.
The remains in the grave had allegedly had their
organs and brains removed.
"They were like gutted rabbits," Tatyana Zakharova
told the BBC.
Larissa Nazarenko, head of Maternity Hospital No 6,
was quoted as saying by the Associated Press news
agency that "not a single fact" had been proven.
The Council of Europe team will be in Ukraine until
Thursday to compile a report that will then be handed
to the Parliamentary Assembly.
Earn Money from Foster Kids
August 26, 2005
This Reuters press release is too sick for
comment.
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LOS ANGELES, Aug 22 (Reuters) - Providence Service
Corp. (PRSC.O: Quote, Profile, Research), which
provides social services under government contract, on
Monday said it has acquired for $8.4 million foster
care service providers Maple Star Nevada and Maple
Services LLC.
The deal gives Providence inroads into two new states,
Colorado and Oregon, and broadens existing business in
Nevada into foster care services, the company said.
Maple Star Nevada provides therapeutic foster care
services in several Nevada locations and for-profit
Maple Services LLC provides management services to
Oregon and Colorado not-for-profit providers of foster
care services.
The acquisition is effective Aug. 1.
Providence said the deal is expected to add about $5.5
million to its annual revenue and raised its 2005
revenue outlook to $137 million from $135 million.
The acquisition is also expected raise earnings by
about 2 cents per share in 2006, but, because of debt
service costs, it is not expected to affect projected
2005 earnings per share of 99 cents, the company said.
Surveillance of F4J
August 25, 2005
We noted that in May Fathers for Justice (F4J) had
conducted too many stunts to count. Since then there
has been almost nothing, but not for lack of effort.
Conducting coordinated events across Canada requires
communication, and all communication with homes of F4J
leaders is now intercepted by the police. Police have
already disrupted a planned F4J demonstration.
Ministry Stonewalls FOI Request
August 22, 2005
John Dunn made a request to the Ontario government
for information collected during the review of the
CFSA. The principal part of his request was:
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As a result of the Ministry of Children and Youth
Services' (the ministry) mandatory five year review of
the Child and Family Services Act, the Minister, Dr.
Marie Bountrogianni created a report titled "Report on
the 2005 review of the Child and Family Services Act"
which was published in March of 2005. This report
stated that over 90 submissions were made to the
ministry with recommendations regarding the Child and
Family Services Act (CFSA) and related matters.
I would like to request a single copy of each of
the 90 submissions the Minister referred to in her
report ...
Here is the reply from the ministry:
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| Ministry of Community |
Ministère des Services |
| and Social Services |
sociaux et communautaires |
| |
| Ministry of Children |
Ministère des Services |
| and Youth Services |
à l'enfance et à la
jeunesse |
Freedom of Information and Protection of Privacy Unit
Communications and Marketing Branch
6th Floor, Hepburn Block
80 Grosvenor Street
Toronto, Ontario M7A 1E6
Telephone: (416) 327-4545
Fax: (416) 326-2567
August 16, 2005
Mr. John Dunn
Foster Care Council of Canada
503-1218 Meadowlands Drive East
Ottawa ON K2E 6K1
Re: Request Number CYS2005/0036
Dear Mr. Dunn,
I am writing to you about your access request made
under the Freedom of Information and Protection of
Privacy Act. Your request was received on June 24,
2005. In your request you are interested in receiving
copies of the submissions received from the ministry
pertaining to the review of the Child and Family
Services Act.
As you will know from the report itself, which is
available on the ministry's website, 72 responses came
from individuals and 24 submissions were from advocacy
groups, professional organizations and service provider
associations.
Access is denied to the records received from
individuals under s.21(2)(f) as the personal information
is highly sensitive. The definitions section of FIPPA,
says that personal information includes "correspondence
sent to an institution by the individual that is
implicitly or explicitly of a private or confidential
nature, and replies to that correspondence that would
reveal the contents of the original correspondence".
The information provided by the individuals is
considered to be highly sensitive and the individuals
included:
- parents who had experience with children's aid
societies and with adoption
- individuals who had been or are currently in the
care of a children's aid society
- individuals who have been adopted
- mothers who have relinquished children for
adoption
- grandparents caring for their grandchildren
- lawyers who have represented parents and/or
children
- people affected by adoption
- people affected by domestic violence
I am pleased to provide you with the attached list
of associations, including: addresses, telephone
numbers, fax numbers and e-mail addresses. The
submissions have not been provided, because the area
responsible for them recently moved and is still in
the process of establishing their new offices. The
responsible area will continue to search for the
submissions.
In the meantime, you may wish to contact the
organizations directly to receive a copy of their
submissions.
You may request that this decision be reviewed by
the Information and Privacy Commissioner. The
Commissioner can be reached at:
Information and Privacy Commissioner/Ontario
Suite 1400, 2 Bloor Street East Toronto ON M4W
1A8 (416) 326-3333
If you decide to appeal a decision to the
Information and Privacy Commissioner, please provide
the Commissioner's office with:
- The request number assigned to the request
- A copy of this decision letter, and
- A copy of the original request you sent to this
institution
Appeals to the Commissioner must also be
accompanied by the appropriate fee. Fees vary
according to the nature of the request being appealed.
If the person appealing has made a request for access
to a general record under subsection 24(1)
FIPPA, the fee is $25.00.
You have 30 days from the receipt of this letter to
request a review from the Commissioner.
If you have any questions, you can contact me at
the telephone number on the first page of this letter.
Please use the Request Number assigned to your request
in any further correspondence
Sincerely,
/signed/
Mary Lou Daniels
Manager
Enclosure
The letter was followed by a table giving the
name of each organization and full contact
information. Only the names are reproduced
here.
- Ontario Association of Social Workers
- Ontario Association of Residences Treating
Youth
- Family Services of Halliburton County
- Second Chance for Kids
- Children and Youth Advisory Committee; Family
& Children's Services Niagara
- Adoption Council of Ontario
- Advisory Committee for Child and Youth
Services
- Ontario Association of Interval and Transition
Houses
- Metropolitan Action Committee on Violence Against
Women and Children
- Ontario Association of Children's Aid
Societies
- Adoption Support Kinship
- Office of the Child and Family Services
Advocacy
- LoveCry, The Street Kids Organisation
- Foster Parents Society of Ontario
- Ontario Federation of Teaching Parents
- Citizens Commission on Human Rights
- Probation Officers Association of Ontario
- Legal Aid Ontario
It is difficult to believe, as the ministry claims,
that letters sent for the purpose of correcting
legislation are of a private or confidential nature.
Last year, we posted three of the submissions to the ministry, none of
them mentioning the name of a single CAS client. Is the
ministry using this as an excuse for concealing letters
with information about atrocities committed in the name
of child protection?
And here is what John Dunn reported August 22:
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Well folks, something interesting has turned up. I
made a FIPPA request last month which turned out
pretty good and is in the works.
Then I did some other inquiries by phone as to how
I would learn from the Ministry how a CAS's Policy and
Procedure Manual is approved by a Ministry.
I found out that a CAS submits their policy and
procedure manual to the Ministry for approval.
(probably the local Regional Office for each CAS) I
then phoned, just to get an answer (helps me brain
storm as I obtain more and more information from each
call) and asked how I would obtain a copy of the most
recently approved Ottawa CAS policy and procedures
manual from the Ministry using a FIPPA request and who
I would talk to regarding this book.
Well, here we go... talk about Government double
talk and a feeble attempt to make the request seem
complicated enough to make a person want to give
up.
I got a call from
Bilinsky, Irene
Phone: 613-788-2392
Fax: 613-787-5283
E-Mail: irene.bilinsky@css.gov.on.ca
Address:
Irene Bilinsky
Program Supervisor - COMMUNITY SERVICES 1
7th Flr
10 Rideau St
Ottawa, ON K1N 9J1
today and she seemed to have been told to shut my
request down fast.
She said that she was told that I should have
included it in my previous FIPPA request and that
because I did not, I would not be able to obtain
it.
After talking as if she knew nothing of my request
other than what "someone" told her... which she
claims was that she was only told to tell me that I
had to put what I asked for in the previous FIPPA
request and that I could not get it because I did
not.
CAS Wants Critic in Jail
August 21, 2005
CAS is moving this Wednesday to jail Aneurin Ellis
for publicly criticizing Children's Aid. We have posted
some of the court documents in the case.
In the summer of 2002 Aneurin and Patricia Ellis had
a fight in which she made accusations against her
husband to the police. By the time he went to the
police, she had recanted the allegations, but the police
charged him anyway. The charges were withdrawn months
later but CAS intervened while the matter was pending,
and has been in the family for three years. During that
time CAS got a default order to take the kids after the
family told them they had to go to Aneurin's dying
mother, the children have been taken away twice, and CAS
coached their then four-year-old daughter to say on
video tape that dad held his hand in her vagina (She
could not pronounce vagina correctly in the early part
of the tape). The family can no longer afford a lawyer,
and Mr Ellis handles the court matters by himself. He
has distributed letters opposing CAS before, and Peter
Ringrose, Executive Director of CAS, has sued him in a
civil action, also getting a judgment by default.
Addendum: In court on August 24, the case was
postponed for two weeks to September 7, 2005 to allow
Mr Ellis to get legal advice.
Montreal Mom-hunt
August 19, 2005
Once again, be on the lookout for a mother caring for
her own kids, this time in the Montreal area. The
pictures are not available on the web.
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The Montreal Gazette
Friday August 19, 2005
Mom, grandma snatch
kids
Police investigating kidnapping; No Amber Alert
necessary, authorities say, because children not
believed to be in danger
PAUL CHERRY
The Gazette
Friday, August 19, 2005
Two children were kidnapped by their mother and
grandmother during what was supposed to be an arranged
family visit at a youth protection office.
The Montreal police released photos of the
children, 8-year-old Amalia Jean Baptiste and her
5-year-old brother, Moise, several hours after the
children were abducted Wednesday afternoon.
The children's 38-year-old mother lost custody of
her son and daughter last year and the youngsters were
placed with foster parents. Their mother had not been
heard from since January.
Wednesday, foster parents brought the children to a
youth protection office on Henri Bourassa Blvd. E.
in the Ahuntsic-Cartierville borough for a supervised
visit with the children's 67-year-old grandmother.
"The grandmother and mother were waiting outside as
the foster parents arrived for the supervised visit,"
said Jocelyne Boudreault, a spokesperson for the
Centre Jeunesse de Montreal. "It all happened in a
matter of minutes. It appeared to be planned because
they had a taxi waiting nearby. The mother threatened
the foster parents and gave them the impression she
was armed."
The grandmother and mother tried to jump into a
waiting taxi with the children but a foster parent
told the driver what was happening. The driver
refused to move and the mother, grandmother and two
children left on foot.
Boudreault said both women had the right to
supervised visits but that the mother had not
requested to see her children since she
disappeared.
The grandmother made regular supervised visits to
the children, Boudreault said. "But until (Wednesday)
the grandmother had given us no sign she would be an
accomplice in the kidnapping of the children. What we
hope now is that they are doing well and that they
will give us some news."
Montreal police Constable Benoit Couture said the
police are treating the case as a kidnapping. But the
police would not release the identity of either the
mother or the grandmother for reasons that Couture
would not explain.
He said the police would have released the women's
names if the case merited issuing an Amber Alert, the
child-abduction response system where information is
diffused to the media immediately.
Couture said one criterion for using the alert is
when investigators believe a child's life is in
danger.
"That is not the case this time," he said.
Both children are black, slightly over 3 feet tall
and thin.
Moise has brown eyes and short black curly hair.
He was wearing a dark green shirt and dark green
pants.
Amalia has brown eyes and short, curly black hair
with braids. She was wearing pink pants and a pink
shirt.
The police are asking anyone who sees the children
to call 911. Anyone with information concerning this
case can contact the Montreal police at (514)
280-0128.
pcherry@thegazette.canwest.com
Emily Lake
August 14, 2005
Lynnae Lake, the mother arrested on Oregon with her daughter Emily, has
been under attack by child protectors before in Michigan. According to
Nancy Luckhurst, complaints originated from her two older daughters when
they became teenagers. Leonard Henderson suggests a chemical company
initiated complaints to escape a tort suit. In any case, Michigan had Emily
in custody for a time, and the mother and daughter, now nine, eventually
fled to Oregon where Lynnae Lake lived under the name Anne White. While in
hiding, Lynnae made a then-anonymous video of her flight from child protectors.
There are two new reports on the case, a short one by
Leonard Henderson, and a long description of the
arrest by Will Gaston.
Emily Lake
|
I have been privileged to spend a couple of
afternoons with Lynnae and Emily Lake. I found Lynnae
(the mom) to be highly intelligent with impressive
knowledge and experience with the technical aspects of
electronics. I was impressed with her uncompromising
insistence on truth, accuracy and high moral and ethical
standards. Emily Lake (the daughter), like most
homeschoolers was very well-spoken, polite, and quiet,
exuded a high intellect. She was terrified at the
possibility of ending back in CPS' talons based on her
previous terrible experiences in foster care.
Unfortunately, her fear of abusive treatment by the
authorities continues to be prophetic. - Leonard
Henderson
Addendum: Susan Detlefsen
reports on the legal status of Emily Lake:
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From: <motherinterrupted@motherinterrupted.us>
To: <Oregon_Family_Rights@yahoogroups.com>
Sent: Tuesday, August 16, 2005 5:48 PM
Subject: Emily Lake Extradition Hearing Wednesday
August 17, 11 a.m.
The third shelter hearing to determine whether or
not either Oregon or Michigan has a legitimate claim
on 9 year old Emily, will take place tomorrow:
Emily Lake Hearing
August 17, 11 a.m.
1401 NE 68th (behind Glisan Fred Meyer), Portland,
Oregon
The Michigan petition was expired when Emily was
taken. Judge Waller is waiting to see whether or not
Michigan CPS can have it renewed. If not, they may
have to let Emily go.
Susan
Addendum: On August 17, Judge
Waller ordered Emily Lake returned to Michigan. For a
detailed report, refer to the blog by Susan
Detlefsen. We have also created a combined report on the hearing by Susan Detlefsen, Rev
Randy Blair and Lynnae Lake aka Anne White.
Prosecute Dad
August 13, 2005
CBS is planning a new TV show for this autumn called
Close to Home. Each episode is about a dysfunctional
family, and glorifies social workers and prosecutors
while vilifying fathers. This link is to the promo for
Close to Home, with seven minutes of sample
video.
Openness Orders
August 13, 2005
A lawyer comments on a change to the Child and Family
Services Act providing for openness orders. Even a
lawyer is mystified. She mentions the claim that most
access orders are not now exercised, without pointing
out the foot-dragging by Children's Aid to prevent
access, and the humiliating conditions of supervised
access.
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Proposed adoption law raises many questions
Family Practice By Carole Curtis
for Law Times
The provincial government established a Child
Welfare Secretariat in April 2004, and hired Bruce
Rivers (then executive director of the Toronto
Children's Aid Society, the largest CAS in Canada) to
head up a law reform initiative. The initiative had
many goals, but was intended, in part, to evaluate the
changes made to the Child and Family Services Act in
2000, following the report of the panel of experts
chaired by Justice Mary Jane Hatton. The Child
Welfare Secretariat prepared a report with 40
recommendations, which was submitted to the
government, but has not been made public.
Bill 210, Child and Family Services Statute Law
Amendment Act, 2005, was introduced on June 6. The
bill amends the act to (among other things) permit
courts to make openness orders for Crown wards who are
the subject of a plan for adoption.
The number of children in the care of children's
aid societies in Ontario has gone from 10,000 to about
19,000 in the last five years (these statistics may be
slightly out of date, but are not exaggerated).
In Ontario, there are roughly 9,000 children
(called Crown wards) in the permanent care of a
children's aid society. Seventy five per cent of them
can't be adopted because their family has a court
order for access. The government says that majority
of those access orders are not used by the parents
(i.e., the parents do not see the children). One of
the problems in this area is the lack of reliable data
about the children in the government's care.
Crown wards with access live in foster and group
homes. On average, children in foster or group care
are moved every two years. That means a child moves
her belongings, leaves her friends, changes schools,
lives in a new house, and lives with a new family,
facing different rules and new expectations. No one
doubts this kind of instability permeates and affects
all aspects of the child's life and well-being.
Children's aid societies' budgets went from $500
million to $1.1 billion in less than five years in
Ontario. How-ever, currently, children's aid
societies are carrying about a $70-million
deficit.
Although I have acted and continue to act for all
sides of the child protection equation (parents,
children, and children's aid societies), my
observations on this bill are from the perspective of
parents' counsel. I refer to the parents as "the
parents" and not as the "biological parents" or the
"birth parents" as has become fashionable in this area
of practice.
These amendments are a little complicated, and not
intuitive. If you work in this area, you will need to
read the bill closely.
In the bill, openness is not access. It may mean
contact, communication, a card or letter, information,
knowledge and for the child, may result in a greater
sense of identity.
Before an adoption, only a children's aid society
may apply to a court for an openness order (s.
145.1). The test applied is the best interests of the
child. The order can only be made on consent of
everyone, including the possible adoptive parents.
The court can only change or terminate the order
before an adoption, based on a material change in
circumstances, applying the best interests test, and
the children's aid society must agree.
After an adoption, the court can also change an
openness order (s. 153). However, the child cannot
apply for this change, and the parents cannot apply
without leave. Openness can also be the subject of an
agreement.
This law reform initiative raises mostly questions.
Initially, there is a concern that the focus of law
reform not be at the end of the process (at the Crown
wardship/adoption stage) when it is too late to help
this family stay together. Why isn't the energy and
money being put into the front end of the process, in
keeping families that need help together?
What is the philosophy behind this initiative?
What is intended by this initiative? And for whose
benefit? Is there any empirical data about this? Is
this meant to benefit the parents? Is it meant to
free up more kids for adoption? Who is the client
here? (i.e., whom does the government identify as the
client?).
Don't tell me the child is the client: that has
never been the case. Parents and their lawyers will
tell you that the government has always seen the
adoptive parents as the real client.
What results are intended or expected? Is this
meant to reduce the number of kids in care at the
early stages? Is this meant to reduce the number of
kids in long-term foster care (Crown ward with access,
in foster care)? Will there be applications to court
to terminate those several thousand access orders that
are now not being exercised, and replace them with
openness orders?
What is the structure really intended to be? What
sort of contact is envisaged? Remember that the word
used is "openness," not access or contact. What
rights accrue to these children during minority and at
age 18 -- are there any different rights than now? Is
the contact envisaged by the parents different from
the contact envisaged by the adoptive parents?
Why does the government cling to the use of the
term "adoption?" What about permanent placement?
Adoption itself is not a panacea, particularly in an
evolving multi-cultural society. Like fostering,
adoption is a concept quite foreign to some
cultures.
What will the court order look like? What will the
"usual" terms be? Will any retroactive orders be
permitted? Who are the parties to these orders?
What about enforceability? Who will these orders
bind? Who are the parties to these orders? What, if
any, is the continuing role for children's aid
societies after adoption? Who will enforce these
orders?
And finally, from the parent's perspective, what do
parents think this means? Do they think it means
access? Will parents think this a better solution?
What is really being offered to parents here? Will
this make settlement of Crown wardship cases
easier?
There are many bad names one can call a woman in
our society, but there is nothing as horrible to a
woman as calling her a bad mother. This is really
what these cases are about. Losing your child forever
is the worst thing that could possibly happen to a
parent. A Crown wardship case is the capital
punishment of family law.
While there may be research which supports the
validity of reform in this area, it has not been made
available. It is a great skill that lawyers are
taught, to take something nearly everyone thinks is a
good idea and pick it apart until almost nobody thinks
it is. There is much in this bill to consider.
Carole Curtis is a family law lawyer in a
three-lawyer firm in Toronto. She can be reached at
carolecurtis@carolecurtis.com
Domain Hijacked
August 12, 2005
The domain name systemvsbizzi.com, formerly used by
Jesse McVicar to host his website critical of Children's
Aid, has been removed from his control and placed on
status registrar-hold. This shuts down his website.
A similar technique was used in October 2003 to shut
down the AFRA
website for two weeks.
Addendum: A new site with similar material,
but not under direct control of Jesse McVicar, has
appeared at
www.systemvsbizzi.biz.
More Kids for CAS!
August 12, 2005
Today Ontario announced that booster seats for
children will be mandatory starting September 1,
2005.
There are two secrets not in the press release:
- While the seats may improve safety in laboratory
conditions, on
the road they are almost never installed
correctly.
- In addition to the fines for non-compliance, police
have instructions to notify Children's Aid whenever
issuing a ticket for these offenses. CAS can expect
an increased supply of tips.
Another Girl Maced
Protected
August 10, 2005
Here is a story you will not see anywhere in the
press, not even in Oregon.
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A shelter hearing for Emily Lake will be held
tomorrow at 2:30 at the Multnomah County Juvenile
Courthouse at 1401 NE 68th (behind the Glisan Fred
Myer).
Emily and her mother "Anne" left their home back
east some time ago to avoid being separated for a
second time by CPS. Many of these families contact me
because I have a cable show that exposes CPS fraud and
abuse.
Some of you who will receive this will remember
meeting Emily, a bright, charming 9 year old who
reported being kidnapped by CPS and abused in foster
care, then finally returned to her mother, only to be
hunted again by CPS, beginning sometime a year ago or
so. Rather than subject her daughter to being taken
again by CPS, Anne did what hundreds of other mothers
across the country have done: hide their children
from CPS, who alleges to be "protecting" the same
children who say CPS has hurt them in the past.
According to an eye witness report, Emily and Anne
were violently apprehended by Portland Police (7
patrol cars with police dogs). Both Emily and the
mother were maced, and the mother, trying to protect
Emily from police, may have been beaten. Emily was
heard screaming for her mother and violently
protesting her "arrest" by Children's Protective
Services and the Portland Police.
Please show your support for the family tomorrow by
attending the shelter hearing tomorrow.
Susan Detlefsen
MotherInterrupted.us
Addendum: Here is more on the case from
Nancy Luckhurst:
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August 10, 2005
Dear God in heaven have mercy on this angel child
and her mother. We need to step forward and speak up
for this mother. Emily's mother had given her my name
and number to memorize and call in case of emergency
at any time. She knew because of our advocacy there
would be a friendly voice at the end of the phone.
Never in my life have I ever heard such terror in the
voice of a child. How do you remain calm to keep the
child calm in at a time like this. Then her mother
came to the phone and for a few short minutes we
talked she was petrified. She knew they were there
for her and Emily. She was so frightened for what she
knew is going to happen to her daughter. She didn't
make it easy on them I can tell you that. But let it
be known that there will be a full investigation into
this one. The wheels are already turning in the right
places and Justice will be done. And people other
than this mother pay for the lies perjury and false
allegations.
Help Batman Outwit CAS!
August 9, 2005
Hilary Goldstein is asking for suggestions on how
Batman can outwit Child Protective Services.
Instructions for sending in your suggestions are on her
page.
Group Home Fosters Hookers
August 9, 2005
The following article from the Chicago Sun-Times
describes the recruitment of prostitutes. It has more
stereotypes than fact, bu |