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Social Worker Steals Ritalin
December 27, 2005
Those drugs prescribed for your kids may become
recreational drugs for social workers, or the source for
drug sales.
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Portsmouth Herald
12-27-2005
Missing Ritalin leads to charges
By Beth LaMontagne blamontagne@seacoastonline.com
KITTERY, Maine - A Department of Health and Human
Services employee has been charged with two felony counts
of drug theft for allegedly taking Ritalin prescribed for
an 8-year-old.
Kimberly S. Sawyer, 29, of 26 Prospect St., Westbrook,
was summonsed on Dec. 2 by Kittery police after an
investigation into allegations she had taken the drugs
from the child's home, said Police Chief Ed Strong.
Sawyer, a DHHS case worker, was assigned to visit the
child's home on a regular basis. The parents, whose name
and address are not being released, noticed that after
Sawyer's visits, portions of the child's Ritalin
prescription were missing, said Strong.
The parents took matters into their own hands and set a
trap for Sawyer on Dec. 2, the date of her next scheduled
visit.
"The family themselves had put a hidden camera in and
caught her on film taking the drugs," said Strong.
The parents notified police. Officer Don Truax
investigated the allegations and charged Sawyer with the
Class C felony later that day.
Sawyer is scheduled to appear in York District Court on
Feb. 9, 2006. If convicted, she could face up to five
years in prison for each charge.
Did CAS Know about Fonthill?
December 26, 2005
This article by Anne Marsden suggests that
authorities brushed off warnings of abuses at Fonthill,
site of the David S Horne home that housed the killer of
Matthew Reid until less than a day before his
murder.
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"WHAT HE SHUTS NO-ONE CAN OPEN"
By Anne Marsden
The above title, a scripture found in Revelations 3
vs. 7 in the NIV Holy Bible, was first given to me by
a member of my church family who sought to comfort me
after one of my sons had been abducted (that's what we
believe it was) by the Halton Children's Aid Society
and placed in a group home in Fonthill. It did not
bring much comfort at the time but my husband and I
have now begun to understand why the Lord sometimes
shuts doors when no human understanding could possibly
establish why? Our experience saw us enter a ministry
which recently saw the release of a 3 year old
Brantford girl from a very similar situation in less
than a week. She is one of many children now reunited
with the parents they should never have been taken
from because of our experience.
My bible notes Friday, December 16, 2005 was the
13th anniversary of the door opening at the Fonthill
group home after nine months of sheer misery for our
son and the rest of the family. During his
incarceration, we got to know a beautiful teenage girl
who the family believed was being severely abused by
the home foster parents. We reported the abuse to the
Halton CAS, the Child and Family Advocacy Office, MPP
Peter Kormos when we managed to speak to him
personally on the telephone, and others. We also
attempted to adopt her to get her out of the situation
but "what He shuts no-one can open". We could not
have possibly known that on Friday, December 16, 2005
we would see the same group home in Fonthill where the
door was opened for us 13 years to the very day, on CH
News. But that's exactly what happened. A fourteen
year old girl was a resident there and within a short
time of her release to a foster home, a three year old
foster child resident was found murdered and the 14
year old girl charged in the murder. Perhaps if there
is an inquest we can give evidence related to the
abuse we know happened behind those Fonthill Group
home doors to a girl of similar age as the one charged
with murder, and no-one, including MPP Peter Kormos,
would listen.
In 1999 we were faced with closed doors that again
took us nine months to open, this time at Oakville
Trafalgar Memorial Hospital and the family member was
my mother. Christmas and her 80th birthday she spent
isolated from her family. Family, including our son
who knew what incarceration and isolation was, and
friends were escorted out of OTMH by Halton Region
police, even on Christmas Day. Today we face the same
threats if we dare enter my mother's home Brantwood
Lifecare Centre after 5:00 p.m. My husband does not
finish work until 4:30 p.m. and evening was our
visiting time. Again we have repeatedly reported the
abuse that goes on behind the doors of Brantwood
Lifecare Centre including the isolation of my mother
from her family. Again, and more willingly this time
we accept "what He shuts no-one can open" because we
are assured by our experiences that the promises we
read in the bible are true especially "all things work
together for good."
A December 21, 2005 Auditors Publication
Baby Placed in Foster Care
December 25, 2005
The internet this year is rife with rumors of the
latter-day treatment of a baby boy who cannot be
identified.
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INFANT DISCOVERED IN BARN, CHILDREN'S
AID LAUNCHES PROBE
Carpenter Being Held On Charges Involving Underage
Mother
Bethlehem, Ontario - Authorities were today alerted
by a concerned citizen who noticed a family living in
a barn. Upon arrival, Children's Aid social workers,
accompanied by police, took into protective care an
infant boy who cannot be named, wrapped only in strips
of cloth and placed in a feeding trough by his 14-year
old mother.
During the confrontation, a man identified as the
father attempted to stop the social workers. The
father, aided by several local shepherds and some
unidentified foreigners, tried to forestall efforts to
take the child, but were restrained by the police.
Also being held for questioning are three
foreigners who allege to be wise men from an eastern
country. The RCMP and CSIS officials are seeking
information about these who may be in the country
illegally. A source with CSIS states that they had no
passports, but were in possession of gold and other
possibly illegal substances. They resisted arrest
saying that they had been warned by God to avoid
officials in Bethlehem and to return quickly to their
own country. The chemical substances in their
possession will be tested.
The owner of the barn is also being held for
questioning. The manager of the Bethlehem Inn faces
possible revocation of his license for violating
health and safety regulations by allowing people to
stay in the stable. Civil authorities are also
investigating the zoning violations involved in
maintaining livestock in a commercially-zoned
district.
The location of the minor child will not be
released, and the prospect for a quick resolution to
this case is doubtful. Asked about when the baby
would be returned to his mother, a Children's Aid
spokesperson said, "The father is middle-aged and the
mother definitely underage. We are checking with
officials in Bethelem to determine what their legal
relationship is.
The father has admitted taking the mother from her
home because of a census requirement. However,
because she was obviously pregnant when they left,
investigators are looking into other reasons for their
departure. The father is being held without bond on
charges of molestation, kidnapping, child
endangerment, and statutory rape.
The mother was taken to the Clark Institute where
she is being examined by doctors. Charges may also be
filed against her for endangerment. She will undergo
a psychiatric evaluation because of her claim that she
is a virgin and that the child is from God.
The director of the psychiatric wing said, "I don't
profess to have the right to tell people what to
believe, but when their beliefs adversely affect the
safety and well-being of others - in this case her
child - we must consider her a danger to others. The
unidentified drugs at the scene didn't help her case,
but I'm confident that with the proper therapy regimen
we can get her back on her feet."
A spokesperson for the premier's office said, "Who
knows what was going through their heads? But
regardless, their treatment of the child was
inexcusable, and the involvement of these others
frightening. There is much we don't know about this
case, but for the sake of the child and the public,
you can be assured that we will pursue this matter to
the end."
News of Foxwoods Conference
December 20, 2005
The Hartford Courant has finally reported on last
month's Foxwoods Parental Rights Conference. While the
article deals mostly with Connecticut, the lessons could
benefit children in Ontario.
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DCF Called Too Reliant On Foster Care
By COLIN POITRAS
Courant Staff Writer
December 20 2005
Connecticut's over-reliance on foster care is
costing taxpayers tens of millions of dollars a year
and may be endangering children the state is trying to
protect, a national child welfare advocate says.
National statistics show that children in foster
care are physically and sexually abused at rates
significantly higher than the general population,
Richard Wexler, executive director of the National
Coalition for Child Protection Reform in Alexandria,
Va., told an audience at the first Northeast Parental
Rights Conference at Foxwoods Resort Casino last
month.
Helping families in crisis stay together through
intervention, guidance and support is less expensive
and has been shown to be better for children than
putting them into foster homes, said Wexler, whose
opinions have been covered in The New York Times and
on CNN and "60 Minutes."
Wexler cited a recent University of Florida study
that tracked children born to cocaine-abusing mothers.
Children who remained with their mothers through
inpatient rehab fared better than those placed in
foster care, the study found.
"The separation from their mothers was more toxic
than the cocaine," Wexler said. "It is very difficult
to take a swing at so-called `rotten parents' without
the blow landing squarely on the child."
Officials at the state Department of Children and
Families say that the agency is removing fewer
children and that the state foster care population is
declining. But Wexler questioned DCF's effectiveness
and says Connecticut lags far behind model child
welfare programs in Michigan, Illinois and
Alabama.
"Illinois and New York City learned from their
mistakes," Wexler said. "They embraced safe, proven
programs to keep families together. They slashed
[child] removals by 60 percent and with no
compromise of safety."
Illinois' foster care population has plummeted, in
part, because that state changed the way private
foster care agencies are funded. Instead of paying
private agencies based on the number of children in
foster care - as Connecticut does - Illinois rewards
agencies for finalizing adoptions and returning
children safely to their homes. Agencies are
penalized when children languish in foster care.
As of Nov. 30, more than 6,000 Connecticut
children were living in out-of-home care at an annual
cost to taxpayers in excess of $260 million.
Out-of-home care includes foster homes, group homes,
shelters and institutions.
Contrary to popular belief, most children placed
in foster care are not victims of serious abuse and
probably don't need to be there, Wexler said.
Of the 523,000 children living in foster care
nationally in 2003, only 11 percent were victims of
serious physical or sexual abuse, Wexler said. The
overwhelming majority of children in foster care were
removed from their homes because of alleged neglect or
issues such as inadequate housing, food or medical
care.
DCF spokesman Gary Kleeblatt said the agency has
stepped up family preservation since Commissioner
Darlene Dunbar took office in early 2003.
The agency has invested nearly $51 million in
family preservation programs over the past year, many
of them new. Of the 39,779 children being served by
DCF, more than five out of six are receiving services
at home, Kleeblatt said.
Kleeblatt said there were 194 fewer children living
in out-of-home placements this November compared to
November 2004. But the reason for the drop is
unclear. It could be due to the agency's efforts to
help families, kids in foster care turning 16 and
leaving the system, fewer children entering foster
care, an increase in adoptions or any combination of
those factors.
Wexler concedes that DCF has made modest gains, but
he pointed out that the $51 million earmarked for
family preservation is but a pittance compared with
the $260 million the state spends on foster care,
group homes and institutions.
Wexler challenged Kleeblatt's position that the
state is working comprehensively with families. He
said a recent report from a federal official
monitoring DCF's performance tells a much different
story.
The federal monitor's November progress report
found that only 20 percent of DCF investigators
surveyed said their office had sufficient services to
meet families' needs, Wexler said.
More than half of the families who needed help with
housing didn't get it and more than a quarter of those
identified as needing substance abuse treatment didn't
receive any, according to the report.
When services were provided, many times they were
inferior. More than half the DCF workers surveyed in
the study acknowledged problems with poor quality
services and nearly 40 percent acknowledged sending
families to services they knew to be inferior.
When it comes to involving families in their
treatment plans - seen by many to be a key to their
ultimate success - DCF's track record isn't much
better, Wexler said. Nearly 58 percent of the cases
reviewed by the monitor didn't include a parent's
perspective on what the key issues were, despite the
fact that most successful interventions begin by
addressing the needs the family thinks are important,
Wexler said.
In 44 percent of the cases reviewed, there is no
indication how progress is to be measured, which is
key to whether a parent succeeds in meeting DCF's
demands and is allowed to keep their child. In about
two-thirds of the cases there were no timelines for
completing cases, Wexler said. And in one quarter of
the cases, the plan doesn't even say who is
responsible for doing what in meeting DCF's goals.
Kleeblatt attributed some of the problems with
treatment plans to workers' failure to fully document
their work in the agency's computer database.
"The department is focused on improving how our
social workers engage families in the process of
planning and providing services," Kleeblatt said.
"Training that has already begun and is continuing ...
will substantially strengthen our staff's capacity to
work with families."
Wexler said DCF's failure to make their treatment
plans easily understandable to parents is particularly
troublesome because parents who fail to meet DCF's
goals risk having their children taken away.
Jeffrey Baldwin Story
December 20, 2005
In yesterday's Globe and Mail, Christie Blatchford
presented the full story of Jeffrey Baldwin,
including material not presented at the trial. It is a
damning account of the failure of CCAS, bypassing the
usual platitudes about the best interest of the
child.
Leonard Henderson Hospitalized
December 20, 2005
According to his close associates, Leonard Henderson,
leader of AFRA, the
most active American opponent of the child protection
system, has been hospitalized. We have no further
information at this time.
Addendum: He returned home on December 21.
Here is Leonard Henderson's account of his own illness.
Dead Boy is Matthew Reid
December 19, 2005
The Welland Tribune has named the murdered Welland boy
as Matthew Reid. A reader comment follows the story.
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Three-year-old smothered
BY GREG FURMINGER Tribune Staff
Saturday, December 17, 2005 - 09:00
Local News
Police forensics examiners, after doffing their
white coveralls Friday, leave a downtown Welland
foster home after gathering evidence in the death
of a three-year-old boy Friday. A 14-year-old
girl charged with first-degree murder will next
appear in court Dec. 23.
Photo: Staff photo Greg Furminger
- WELLAND - A 14-year-old girl charged in
Thursday's murder of a three-year-old boy at a
downtown foster home was moved there from an open
youth custody facility less than 24 hours earlier, The
Tribune has learned.
Niagara Regional Police spokesman Const. Sal
Basilone said Friday that results of an autopsy
conducted at Hamilton General Hospital concluded the
child died of suffocation.
Police still aren't releasing details about how the
toddler died, but a source told The Tribune the boy
was smothered with a pillow.
After speaking with both the boy's foster parents
and birth mother, Sgt. Jim Armstrong said Niagara's
13th homicide victim of 2005 can now be identified as
Matthew Reid.
Matthew had lived in a foster home on Welland's
Frazer Street for more than two years, The Tribune's
source said.
The children's aid society responsible for Matthew
would only say he was well known by his foster
family.
The girl charged with his murder had been a
resident at David S. Horne Home.
She first arrived at the open custody and open
detention facility on Highway 20 on Dec. 9, said its
executive director, Mark Patus.
She moved out of the facility and into foster care
Dec. 14.
Matthew was found lifeless at 8:20 a.m. Dec.
15.
It's a pretty sad case, Patus said.
It's absolutely shocking not just for us, but the
whole system.
The girl, whose identity is protected under the
Youth Criminal Justice Act, appeared Friday in Ontario
court of justice in St. Catharines for a bail
hearing.
Dressed in a pink V-neck sweater, the girl tucked
behind her right ear the very dark brown hair that
falls straight just past her shoulders.
Asked if she understood the first-degree murder
charge before her, she said Yes and immediately
flashed a smile.
What was said in court by the Crown and defense
counsels is automatically protected by a publication
ban.
The girl was remanded into custody to await her
next court appearance, two days before Christmas, at 9
a.m.
In the meantime, children's aid societies in
neighbouring regions continue to co-operate with
police investigators, as they also review their own
procedures.
As an agency that strives to care for and protect
children in need, this is absolutely the worst news we
can receive, Family and Children's Service Niagara
executive director Bill Charron said in a prepared
statement.
The girl charged with Matthew's murder is a Crown
ward of FACS, meaning all ties between her and her
family have been severed.
We share with the community a tremendous shock,
sadness and grief, Charron said of what he called a
tragic situation.
We are reviewing every aspect of the case and will
co-operate with the police with regard to the
investigation, he said.
FACS is reporting this is the first time it has
experienced a tragedy of this nature.
There are now about 650 children in the care of the
Niagara child welfare agency. Children are placed in
foster care every day.
Placement is based on a number of factors,
including the needs of a particular child, the history
of a foster home and the level of care it offers, said
spokeswoman Ann Godfrey.
She wouldn't go into details about the case at
hand, nor say how long the foster home had been
running.
However, Godfrey did say, It's my understanding
they were well regarded foster parents and experienced
foster parents.
Last year FACS responded to 5,700 child protection
concerns and conducted 43,400 investigations of
possible abuse and neglect.
Matthew, who still had contact with his mother, was
in care of The Children's Aid Society of Haldimand and
Norfolk.
The mother said she had hoped to get custody of her
son back and was devastated by his death.
She said the Haldimand-Norfolk Children's Aid
Society took the child from her because she was
considered an unfit mother.
They also took her four-year-old daughter who is
now in the care of her paternal grandmother in London,
Ont.
They told me I can't have them because, Your house
isn't clean and you have a history of depression', she
told the Hamilton Spectator.
She said she was angry at the children's aid
society for failing to protect her son.
Where were they? They have to be responsible too,
she said.
News of the homicide has devastated our place,
executive director Brian Hillier said of the small
rural agency.
Our staff are very intimately connected with our
kids, our families, our foster parents, he said.
We saw pockets of our people standing around in
tears.
Hillier, too, spoke highly of the foster family
trying to come to grips with what has happened.
This is a terrific foster home. This is nothing
but tragic for them, he said.
Because of the issues involved, Welland's only
homicide of 2005 has captured the attention of the
national media.
It is also drawing intense scrutiny from Ontario's
Ministry of Child and Youth Services.
Anybody who believes this will not fall under a
microscope does not know how government works, Hillier
said.
The girl's lawyer said there was no decision yet on
how to plead.
Based on the evidence that is out so far it's
difficult to think of anything more tragic than a
three-year-old that's deceased and a 14-year-old who
is charged with first-degree murder, said lawyer John
Lefurgey.
Police forensics investigators completed their
examination of the Welland foster home mid-afternoon
Friday.
The homicide investigation is being headed up by
the St. Catharines-based major crime unit.
They are being assisted by officers from the
Welland district criminal investigations bureau,
street crime unit and uniform patrol, and the child
abuse unit.
With files from CP
An anonymous Dufferin VOCA reader comments:
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Here are a few facts pieced together from different
sources.
The Welland Tribune and CTV carried photos of the
residence that Bill Charron (Executive Director of
FACS) described as an excellent foster home - it looks
like the type of property CAS would remove children
from on the pretext of being dirty or dilapidated. To
me, Charron's comments appeared calculated to
distinguish the quality of Matthew's care from the
house of horrors run by Eva Bottineau. How comforting
to know he died in such excellent surroundings. While
proclaiming his confidence in the foster home, Charron
seems unaware that public confidence in CAS is the
issue.
The girl charged with murder was also a crown ward
in the care of FACS for the past two years. On
December 9, she was placed in open custody at the
David S. Horne Home. (Charron was a founding board
member of that facility and an OACAS board member for
8 years). Subsequently, she was relocated to the
foster home where the murder occurred less than 24
hours later.
Matthew had lived in this foster home since October
and had been in CAS custody for at least two years -
which means he was taken from his (now) 23 year-old
mother at a very young age. According to CAS, her
house was dirty and she had a history of
depression.
The mother was herself a CAS ward, lives in
Tillsonburg. A second child was placed with a
paternal grandparent, but Matthew was not allowed to
remain within the family - a custody application
involving the woman's stepfather was pending at the
time of Matthew's death.
If one were to accept CAS' viewpoint, this could be
seen as one more indication these agencies produce
unfit parents - the more likely explanation is that
Matthew was abducted on a pretext. Not surprisingly,
the mother blames CAS for the boy's death.
What I found frightening is that CAS stated that it
was now the accused girl's family and was arranging
her legal counsel. Consequently, if she acted in
retaliation to CAS abuse it's unlikely to ever come
out. Also, the Niagara CAS conducts 43,000
investigations annually - a figure that must be
astronomical in relation to the area's population.
There are 650 kids in its custody.
Hearings on CFSA
December 19, 2005
The Ontario legislature is considering changes to the
Child and Family Services Act under bill 210. The
Standing Committee on Social Policy held four hearings
on the bill. Half of the hearing time was devoted to
First Nations. Along with the usual functionaries of
the social services system, the committee heard from
some witnesses outside the system. The links below
point to each of the four days record, and list the
outsiders giving testimony.
Daily Hansard:
Witnesses:
- Ekaterina Ethier, mother
- Talita Brown, foster child
- Taneacha Campbell, foster child
- John Dunn, foster child
- Christina Alay, abused child
- Aneurin Ellis, father
- Sheila Volchert, grandmother
- Terry Hrankowski, grandfather
- André Marin, Ombudsman
- Mark Austerberry, father
- Karol Karolak, father
Here is a submission to the committee not in the
Hansard:
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Social Policy Committee:
Chair: Mario Racco, Liberal www.marioracco.onmpp.ca
Vice Chair: Khalil Ramal, Liberal
www.khalilramal.onmpp.ca
Members: Ted Arnott, Conservative www.tedarnottmpp.com
Ted Chudleigh, Conservative www.tedchudleigh.com
Kim Craitor, Liberal www.kimcraitor.com
Peter Fonseca, Liberal www.peterfonseca.onmpp.ca
Jeff Leal, Liberal www.jeffleal.onmpp.ca
Rosario Marchese, New Democrat www.rosariomarchese.ca
Kathleen Wynne, Liberal www.kathleenwynne.ca
Re: Amendments to Bill C210
Gentle men and women:
As a parent of 2 high needs adoptive children, I have
had a good look at the operation of the Children Aid
Societies of Ontario. I was truly appalled with what I
have learned. It has made me ashamed to be called an
adoptive parent. Knowing what I now know, I can never
again hold a foster parent/adoptive parents with the same
innocent regard. It represents my loss of trust in
government. I think only of the pain of the biological
family coerced into this quagmire.
I gathered my information by speaking to many involved
Ontario citizens. I guess I did what you were supposed to
do. Initially I thought I was simply unfortunate to have
run into "2 bad apples." Instead I found an entire system
rotten to the core and in need of reform, a system seeking
to coverup its misdeeds. It is a system that functions
with our precious children as mere "economic reimbursement
units." It is about careers, jobs, and money, but most of
all money. The blunt truth does hurt.
The secrecy of the current and proposed legislation
facilitates the abuse of human rights. This secrecy can
no longer be contained. It has been disclosed to the
entire world. The World Government knows how Canada
violates the UN Convention on the Rights of the Child. It
knows how Canada treats its immigrants, the poor, single
women, the special needs community, and its children.
Only children without parents are entitled to health,
education, shelter, and food. It routinely rips children
from poor parents to provide these services, truly a black
mark on Canada and particularly Ontario. Canada trafficks
in children.
I urge you to strengthen the complaint process to
protect the rights of families and their dependent
children. I would also urge you to strength the powers of
the College of Social Workers and Social Service Workers
to bring it into line with the College of Physicians and
Surgeons, the College of Nurses, and the College of
Teachers. Any social worker who falsifies his sworn
affidavit should be stripped of his credentials. Does it
happen? Yes, from personal experience. All professionals
who work with the "protected" groups and paid from the
public purse should be held accountable to their
communities and to the ethical/moral standards of their
profession. They draw their mandate and power from these
communities. These communities have the right to set the
boundaries. They are not simply asking for these rights
but demanding them.
$1.3 billion of our Ontario tax dollars are given
annually to this industry. It is "a private corporation"
funded solely by tax dollars. There are no outcome
measures to insure that these monies are spent on our
children. Unacceptable! At last it is time for
accountability and transparency in government.
Thank you for receiving my comments.
Sincerely,
Dolores A. Sicheri MD FRCPC
Peter Sicheri
Michael Sicheri
15 December 2005
Lakeshore, Ontario
Another Dead CAS Ward
December 18, 2005
Another child has died in CAS custody. The Hamilton
Spectator and the Globe and Mail both carried the story,
and both decided to protect the dead boy from emotional
harm by withholding his name. The foster child who did
the killing was developmentally handicapped. If that
euphemism means that she was mentally handicapped, how
can CAS blame her, instead of itself, for the death?
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Three-year-old died in 'excellent
foster home'
CAS official stands by Welland residence where
child suffocated, teen charged
BY CHRISTIE BLATCHFORD AND KAREN PINCHIN
SATURDAY, DECEMBER 17, 2005 PAGE A18
WITH A REPORT FROM THE CANADIAN PRESS
He was just 3, described by a next-door neighbour
the way those of such tender years are invariably
described -- "incredible, always smiling, always
happy."
He had lived in the two-storey detached house on
Frazer Street in Welland, Ont., since October.
She is 14, and, The Globe and Mail has learned,
developmentally handicapped. She had just arrived at
the house.
They lived, for that brief time, in a foster home
regarded by local child-welfare groups as so sterling
that, as Brian Hillier, executive director of the
Children's Aid Society of Haldimand and Norfolk said
yesterday, it is considered "a go-to" place for the
agency. "This is an excellent foster home," Mr.
Hillier said. "I had, and I continue to have, a high
degree of trust in the home."
These should not have been ingredients for a
tragedy, but they were: On Thursday morning, Niagara
Regional Police responding to a 911 call found the
little boy VSA, or vital signs absent, and soon after
arrested and charged the teenaged girl with
first-degree murder.
A postmortem has revealed the boy was
suffocated.
As The Globe reported yesterday, both the boy and
the girl accused of killing him were clients of local
children's aid societies.
The girl is a Crown ward of the Family and
Children's Services Niagara, or FACS Niagara, the
agency's executive director, Bill Charron, confirmed
yesterday. "The young lady is a ward of ours," Mr.
Charron said, "and we're ensuring she gets the
appropriate legal representation and that we support
her in any way we can."
Though in the home on a "temporary placement,"
pending a court decision about his custody, the boy
had been living there since October, and was well
known to the foster mother there.
"This was his placement," Mr. Hillier said. "It
was our little guy and this is the kind of foster home
that would be [emotionally] wiped out by this."
Both executive directors said their staff have been
devastated by the boy's death.
"It is a terrible day," Mr. Hiller told The Globe.
"It's the nightmare that all CASes absolutely dread.
. . . We're a smaller agency, and our staff have a
very strong connection to our kids and our families.
. . . There are staff all over this place in
tears."
While police continue their probe, the office of
the Ontario coroner is keeping a close eye on the
case.
"We are aware of the death and that care was being
given to both these children by CASes," deputy chief
coroner Dr. Jim Cairns said yesterday in a telephone
interview. He said his office is actively probing
what role the CASes did or didn't play in the events
leading up to the little boy's death.
However, whether the results of the coroner's probe
-- which Dr. Cairns said will be complete within
three weeks -- will be made public immediately depends
on the criminal investigation.
It is an arm of the coroner's office, the pediatric
death review committee, that provides the only
independent review of deaths of children in CAS
care.
Mr. Charron wouldn't comment on the specifics of
the girl's placement at the home, but said that,
generally, it is agency practice to share with foster
parents any psychiatric reports and relevant
information so that "they understand what the
youngster is all about and how to cope."
He said FACS Niagara is "doing a very thorough
review of every aspect, to see what, if anything, we
missed" and what might be learned to prevent something
like this happening again.
"I've been 30 years in child welfare," Mr. Charron
said, "and it's the first time I've ever come across a
situation like this. Every agency has situations
where children are killed or injured, but this is the
first time a child in our care has been charged with
this type of offence."
While Mr. Charron's first thought was for the
little boy's parents, Mr. Hillier's was for the
foster mother his agency regularly has used for at
least five years and for the woman he described as "a
much-loved foster parent."
The confidentiality provisions of the Youth
Criminal Justice Act forbid identification of either
the little boy or the teenager.
Following a brief court appearance yesterday at
which the girl was remanded into custody, her lawyer
said there was no decision yet on how to plead.
More CAS Bullying
December 18, 2005
Canada Court Watch has found more instances of
bullying by Children's Aid. They do not report names,
but are reliable on facts. Read the letter signed by Rev Dorian Baxter
(pdf).
More on André Marin
December 12, 2005
Here is a newspaper story from the Ottawa Citizen on
the Ombudsman's efforts to get oversight over Children's
Aid.
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Ombudsman seeks power over CASs
Children at risk without oversight of Children's
Aid Societies: Marin
Jeff Esau
The Ottawa Citizen
Monday, December 12, 2005
Ontario children are at risk because there is no
independent scrutiny of the province's 53 Children's
Aid Societies, Ontario's ombudsman says.
Andre Marin says the existing law governing
Children's Aid Societies prevents him from
investigating the more than 300 complaints he receives
annually about CASs.
Even worse, legislation being considered for the
child protection system would remove all
accountability of CASs, which operate as "private
agencies." In other provinces, Mr. Marin says, child
protection is a public function or is shared between
government and private agencies.
Speaking to the legislature's standing committee on
social policy in Toronto last week, Mr. Marin said
that not only would Bill 210 fail to provide effective
oversight, but it would remove the sparse complaint
mechanisms now in place.
"If that small window (of accountability) closes,
Ontario will have the dubious distinction of having
solidified its position as being at the back of the
oversight pack in Canada in ensuring that the most
vulnerable of our children have an independent avenue
of redress."
The solution, he told legislators, would be to add
a single provision to the Child and Family Services
Statute Law Amendment Act to give the Ontario
ombudsman authority over Children's Aid Societies.
He said no one should be surprised at his
persistence because "administrative decisions taken by
these societies have life-and-death impact on children
in need."
Mr. Marin gives disturbing examples of what can
happen when CASs are beyond scrutiny, as in the case
of five-year- old Jeffrey Baldwin, who was starved to
death in Toronto in 2002. Two people are still on
trial in Toronto over the boy's death.
Mr. Marin notes that Ontario affords convicted
criminals housed in privatized provincial jails
protection by the ombudsman, but fails to extend the
same protection to children.
"The sheer irony here in Ontario is that you have
the ombudsman's office positioned to help protect
convicted criminals, but we've left children in this
province in a lurch," he says.
In an interview yesterday, Mr. Marin said his
decision to make a public statement was prompted by
the lack of progress in his months-long campaign of
"glad-handing" with Ontario Children and Youth
Services Minister Mary Anne Chambers, her deputy
minister and the bureaucrats responsible for the
bill.
"I've been lobbying the ministry. This is not just
me coming out of nowhere last week. I've been quietly
working in the background, but there were no results,"
he said.
Still, Mr. Marin says there are signs of hope.
"The minister sent me a message after my testimony
saying that she was open to amendments and, again,
that's encouraging, but we're not there yet. I
haven't seen it on paper."
Ottawa child welfare advocate John Dunn said he is
pleased with the ombudsman's public discussion about
the issue.
Mr. Dunn, 35, was in care himself for 16 years and
lived in 13 foster homes. He recently formed the
Foster Care Council of Canada after advocating for
himself and others in the area of child protection for
five years.
As the new organization's executive director, Mr.
Dunn is preparing to circulate a petition to ask the
government to "enact legislation giving the Ontario
Ombudsman's Office jurisdiction over all Ontario's
Children's Aid Societies."
Looking back, Mr. Dunn can identify the rights he
should have had as a ward of the state. He hopes the
ombudsman can help others by bringing some insight,
impartiality and a cool head to the CASs.
Mr. Dunn has seen firsthand that fear and panic
often cause parents to make rash and inappropriate
statements to the CAS. "Then the CAS worker gets
offended and the relationship becomes strained.
Things are said between them that cause the worker to
label the parent 'emotionally unstable.' They may even
truly believe that the parent is like that, but it's
only spawned by their fear of losing their kid."
Mr. Dunn thinks the legislation "has a lot of good
things in it," such as open adoptions and kinship
care. "But the fact that they're going to reduce any
external accountability is what inspired my whole
petition action," he said.
CAS Opponents in Parliament
December 11, 2005
On December 5 and 6, 2005 opponents of Children's Aid
had a chance to address the Ontario Provincial
Parliament. John Dunn spoke, but we do not have his
statement.
Here are notes from EkaterinaEthier:
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I spoke to the Minister of Children and Youth
Services herself personally yesterday for 15 minutes,
passed her my flyers with David and had a speech in
front of the Social Policy Committee in regard to bill
210 and the proposed changes in section 68 of
CFSA.
The Minister told me that they intend not to remove
the directors review process and strengthen the
complaint process. She asked me to speak up and give
personal examples, as well as propose what exactly
needs to be done.
Here are the prepared remarks of
EkaterinaEthier (doc).
Aneurin Ellis also spoke to the committee
(doc).
Money First
December 11, 2005
For those of you still having doubts, the main objective
of child protectors is not children, but money. The
following story shows the efforts of child protectors to
raid the inheritance of one of their wards.
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Greensboro News-Record
Lorraine Ahearn: A bleak house --
foreclosing on a boy at age 15
Article published Dec 4, 2005
Out of the endless cast of adults to come and go
out of this boy's life, bit players in a ruthless,
long-running reality show, the only one who really
kept his word was a church janitor. His name was
Tracy Studivent, and before he died in 1994, he drew
up a will. In it, he left what little he had to his
adoptive son, then a toddler. There was a modest CD
account, a monthly survivor benefit from Social
Security, and the little house on Partnership Court,
for which Studivent made a small mortgage payment each
month to Habitat for Humanity. It was all he had, and
he left it to his son, John.
More than a decade later, the 15-year-old is about
to have his house foreclosed upon. His legal
guardian, the Department of Social Services, cashes
and keeps his $538 monthly survivor benefit to go
toward John's upkeep in foster care.
And because the $221 mortgage payment hasn't been
made in a year, Habitat is seeking to foreclose on the
house, which now sits vacant and boarded up, with a
stack of "Condemned" notices tacked to the front door
because the grass isn't cut and the utilities are
turned off.
So on Friday, John found himself at the center of a
dense, bitter, lawyer-heavy hearing on probate,
trusteeship and bureaucratic jurisdiction. Big words
at the worldly age of 15.
"People say life comes at you fast," the friendly,
soft-voiced youth mused as he waited all day in a back
room at the courthouse for his case to be called.
"Now, I see what they mean."
As John played computer solitaire and fidgeted away
a missed school day, six attorneys and a handful of
social workers drew battle lines in a unique challenge
to the DSS.
In the hearing, to be continued this week,
advocates from the Guardian ad Litem program, allied
with a unit from Legal Aid, asked a judge to protect
the boy's house from foreclosure and stop the DSS from
using the boy's money to reimburse itself. The
assistant county attorney for DSS, Lynn Shifton,
countered that the actual cost of the boy's foster
care is $1,333 per month -- more than twice the
survivor benefit John receives -- and that the
agency's first duty is to spend the benefit on
"current" needs.
That raised the question of whether a foster care
child "owes" the DSS, assets or no assets: "If he's
in DSS custody," said District Court Judge Susan Bray,
"his needs are going to be met regardless."
Though the DSS lawyer pointedly questioned why the
newspaper would cover a seemingly obscure -- but
public -- juvenile hearing, several of the juvenile
advocates and the judge said the case appeared to be a
first.
Even with the volume of cases on the juvenile
docket -- rivers of splintered families and abandoned
children -- the judge told attorneys that John's case
had stood out over the years. John was, Bray said,
the only child she knew of who owned a house.
"As the 'parent,' when a child has an asset such as
a trust fund or a bank account," Bray asked, "don't
you have an obligation to try to preserve that?"
The long-languishing case came to a head as child
advocates have increasingly warned of the crisis known
as "aging out" -- that is, foster care children
turning 18 and entering the adult world alone and
destitute.
Even at 15, John's story is a trail of broken
promises. Abandoned by his biological parents, he was
left after Studivent's death with a stepmother he said
had him sell drugs for her.
He was next placed with an aunt, who without making
their house payment kept John's $538 monthly check. A
DSS worker told Judge Bray that the aunt received
adoption assistance funds for months after Bray
ordered John be taken from the aunt and placed in
foster care by the DSS.
After a year of receiving no house payments and no
action by the DSS, Habitat operations officer Phil
Barbee said he saw little choice but to foreclose and
protect John's equity, before the house further
depreciates.
As for John? Bored and miserable in his
button-down court clothes, the big words sailed over
his head. Mostly, he hopes to buy a car one day.
"What's that word for what you need ...
insurance?" he said, wondering if Medicare covers
that. "If I can't afford to buy a car, I'll just rent
one."
Contact Lorraine Ahearn at 373-7334 or lahearn@news-record.com
Addendum: A court decision two years later
favored using social security funds to make the mortgage payments,
protecting the child's equity.
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Posted on Wed, Nov. 07, 2007
Court backs teen against DSS
Decision prevents agency from paying itself with
17-year-old's Social Security benefits
ERIC FRAZIER, efrazier@charlotteobserver.com
In a decision that could affect foster children across North Carolina,
the state's second-highest court on Tuesday blocked Guilford County social
workers from taking a child's Social Security benefits as reimbursement
for caring for him.
The case could also have national implications, child welfare advocates
say.
The 17-year-old boy, identified only as John G., has an $80,000 house
his late adoptive father willed to him. The home was threatened with
foreclosure because DSS officials wouldn't use his $538 per month Social
Security payment to handle the monthly $221 mortgage.
A judge in 2005 ordered the Guilford County Department of Social
Services to apply the boy's Social Security benefits toward the mortgage.
But Guilford DSS, like DSS agencies across the state, routinely takes
foster children's Social Security benefits as reimbursement for the cost
of feeding, clothing and housing the youth.
Mecklenburg officials say, for instance, that they have taken more than
$369,000 in Social Security benefits from January to October of this year.
An average of 81 children were affected each month.
Cash-strapped DSS officials around the state say they need the money to
care for the children, but child advocates equate it to stealing money
from abused, neglected and disabled children.
The ruling doesn't automatically block Mecklenburg and other counties
from taking Social Security money, but it gives child advocates legal
basis to challenge cases like John G.'s in court.
"It's useful for John, useful for the state and maybe can be leveraged
nationally," said Lewis Pitts, the Legal Aid of North Carolina lawyer who
represented the teen.
"This opportunity should be seized to say to DSS and all child welfare
agencies that we realize you have a budget nightmare, but don't take it
out from the children."
The Congressional Research Service estimates states take about $150
million a year from foster children. The practice is attracting so much
attention that John G.'s fight landed on the front page of The New York
Times last year. U.S. Rep. Pete Stark, D-Calif., cited the case early
this year in introducing a bill to protect the Social Security benefits of
about 30,000 children nationally.
The bill is pending, his office said.
First Star, a national child welfare reform group in Washington, D.C.,
filed a brief in the case supporting John G.
"This is really the first step in the direction of nationally
recognizing that a child has an interest in their own benefits," said Amy
Harfeld, First Star's executive director.
"It has major national implications for foster children. I think most
people would agree it's unconscionable for states to dip into the pockets
of these most vulnerable children just to balance their budgets."
Guilford DSS officials didn't respond to calls and e-mails Tuesday
seeking comment, so it was unclear whether they would appeal to the N.C.
Supreme Court. Lawyers for the N.C. Department of Health and Human
Services were studying the ruling, a spokeswoman said, but had no
immediate comment.
Pitts said DSS has continued to pay the mortgage while it fights the
case in court.
The agency contends that, as the payee for John G.'s Social Security
benefits, it had the right to use the money for the boy's care. It argued
that federal law protects such benefits from being taken through
garnishment, bankruptcy or any other "legal process."
DSS argued that the state judge who ordered the mortgage paid had
violated federal law by subjecting the boy's federal benefits to "legal
process." The Court of Appeals, however, said that the federal law was
designed to protect Social Security recipients' money from creditors, not
to help local governments take it.
DSS' interpretation of the law "is an improper attempt to fashion a
shield into a sword to be used against the intended beneficiary of the
law," the judges wrote.
Eric Frazier: 704-358-5145.
Candidate in Federal Election
December 11, 2005
Today's London Press says that Cynthia (Cyndi)
Cameron will be the federal NDP candidate in the riding
of Etobicoke Centre. She is one of the parents of an
autistic child mentioned in the report by Ontario
Ombudsman André Marin.
Ontario Government Harasses Mother
December 11, 2005
Ontario child protectors may have found a new way to
harass clients circumventing caller identification. A
mother menaced by Children's Aid has reported receiving
several calls in which no one speaks to her after she
answers the phone. Identification of the caller leads to an
Ontario government office with only the following recorded
message:
You've reached the number 905-521-7460 for the
Ontario government located at 119 King Street West in
Hamiltion. Should you be calling in response to
having seen this number on your call display, please
be advised that this telephone number is not a
personal telephone number for anyone in this building.
This number is strictly for Bell Canada billing
purposes. Please hang up, check the number for the
office or ministry you are trying to dial and call
again. We do apologize for your inconvenience and
thank you for your patience.
Ombudsman Restricted from CAS
December 9, 2005
The Ontario Ombudsman now has only limited power to
investigate Children's Aid Societies. He used his
limited powers earlier this year to produce a report Between a Rock and a Hard Place (pdf). According
to this article by Christie Blatchford he now wants
expanded power to examine all Children's Aid matters.
According to other sources, the pending legislation bill
210, will eliminate all of his jurisdiction over
Children's Aid.
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Ontario ombudsman requests power to probe
children's aid societies
By CHRISTIE
BLATCHFORD
Ontario Ombudsman André Marin wants the power
to investigate complaints against the province's 53
children's aid societies.
Appearing last night before the government's social
policy committee, which is examining a bill that would
amend the laws governing the societies, Mr. Marin
cited the notorious Jeffrey Baldwin case as an example
of his office's powerlessness.
"We received a complaint in the last month
about this case," he told the committee, "and
were asked to investigate.
"We had to turn it down. We have no
jurisdiction over the CAS."
The complaint seeking a probe into Jeffrey's death
of starvation-induced pneumonia and septic shock, Mr.
Marin said, is one of 94 his office received in the
first six months of this year.
"Last year, we received 305. . . . Because
of limits in our mandate, we cannot address
them."
His counterparts in other provinces, he said, have
the ability to investigate such complaints.
The little boy died while in the custody of his
maternal grandparents, approved by the Catholic
Children's Aid Society of Toronto as acceptable
caregivers for him and his three siblings.
Only after Jeffrey died, weighing at almost the age
of six less than he did when he was a year old, did
the CCAS find in its files evidence that the
grandparents, Elva Bottineau and Norman Kidman, were
each convicted child abusers.
Ms. Bottineau, 54, was convicted as a teenage
mother of assault causing bodily harm in the death of
her infant daughter.
Mr. Kidman, 53, was convicted eight years later of
two counts of assault causing bodily harm upon two of
Ms. Bottineau's children by a previous
relationship.
The two are on trial for first-degree murder in the
death of Jeffrey on Nov. 30, 2002.
Mr. Justice David Watt of the Ontario Superior
Court has heard evidence that Jeffrey and a sister
were confined for such long periods of time to a dank
and fetid room that they lived amid their own
waste.
The information about the grandparents' criminal
past was contained in the CCAS records, the agency has
acknowledged, but went undiscovered, prompting Mr.
Marin to characterize the agency as having, in effect,
"facilitated" the harsh and degrading
conditions in which Jeffrey was kept.
"I think the committee was stunned to realize
that the CASs, despite receiving a billion dollars in
taxpayers' money, run themselves without any
independent oversight," Mr. Marin told The Globe
and Mail last night in a telephone interview.
He said he received a sympathetic audience, but no
firm commitment that the legislation would be
amended.
He says it would require only the addition of a
"10-word line" to the law.
Mom Hides Kids from CAS
December 9, 2005
A shrewd mother has hidden her children from Toronto
CCAS. Unless she gets help from a good lawyer, she may
be behind bars soon.
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Toronto Sun
December 8, 2005
Mom keeps girl in hiding
Spirited child away from police and children's aid
By VIVIAN SONG, TORONTO SUN
A mother who whisked her child away from under the
noses of police officers at school Tuesday has refused
to disclose her daughter's location to children's aid
officials.
Jessica Arnold, 28, whom police listed as missing
along with her 8-year-old daughter Lamonee "Layla"
Arnold, came out of hiding yesterday and met with
investigators and the Catholic Children's Aid
Society.
But she refused to reveal where she's keeping her
daughter and 4-month-old son.
Investigators believe the mother may have panicked
after learning the Catholic Children's Aid Society
planned to take Layla away.
The mother went to St. Kevin's Catholic School on
Glen Murray Dr. near Pharmacy Ave. and Lawrence Ave.
E. Tuesday, where she found police and CCAS already
on the scene.
After a confrontation, Arnold slipped away
undetected with her daughter over the lunch hour.
CCAS spokesman Anne Rappe declined to say what
prompted the school's call to children's aid, citing
confidentiality issues.
"We didn't find the meeting satisfactory. We asked
for (Layla) to be in our care so we are proceeding
with child welfare court," said Rappe.
Police said there are no charges, but the
investigation is continuing.
More CPS Lies
December 3, 2005
It is rare for professional journalists to
investigate the press releases from child protectors.
In this unusual case in which a Texas newspaper was
embarrassed to find that they had published a fake
story, they checked the other stories and found that
lies were endemic.
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CPS review finds more stories
embellished
By
Jen Sansbury The Facts
Published December 03, 2005
Several caseworkers with Child Protective Services in
Brazoria County had embellished stories about foster
children for publication in The Facts as part of the
now-discontinued Fill-a-Stocking fund-raising
campaign.
"It's certainly fair to say that some of the changes,
some of the inaccuracies, were puzzling and don't seem to
have had any effect other than to make the cases or the
plights of the children more dramatic," said Patrick
Crimmins, a spokesman in the agency's Austin office.
The annual holiday initiative, which started in 1982,
featured daily stories during the holidays about needy
foster children and encouraged readers to donate to a fund
that helped pay for special needs not covered by other
sources. Throughout the year, the money was tapped for
items such as stylish eyeglasses, graduation gear and
summer camp tuition.
The Facts announced this week it would cease publishing
the stories this year after learning the CPS-submitted
story that ran in Tuesday's edition was fabricated by a
caseworker. It told the story of "John," a hurricane
evacuee who supposedly had been separated from his mother
for months.
CPS officials have reviewed more than 20 of the as-yet
unpublished stories and determined most of them reflected
only minor changes designed to mask the identities of
children, Crimmins said. Those changes included names,
exact ages and, in one instance, a family's country of
origin.
But at least seven stories appear to include more
substantive changes to the featured children's actual
circumstances, including misleading information about drug
use, fictionalized descriptions of their personalities and
incorrect information about the degree of parental abuse
or neglect they suffered.
"There are several of them that have at least partial
inaccuracies — and you can term those
embellishments if you like — where at least some
dramatic license was taken," Crimmins said. "There was
not an adequate system in place to make sure that the
profiles matched actual individual cases."
For example, an article about "Sara," a 19-year-old
mother of four whose baby died while sleeping in bed with
her, said she tested positive for methamphetamines and had
admitted to smoking crystal meth since she was 11. The
story said the mother's children gave statements about
watching their mother use drugs. It also said she served
four months in jail before being put on probation, spent
several months in an inpatient facility and has been clean
for nine months.
"Sara" now has a steady job and a new apartment and is
allowed unsupervised visits with her children, the story,
which had not been published in The Facts, said. "Sara
hopes to have her children returned to her by Christmas,"
it said, "She will need assistance from CPS with clothes,
toys and bedroom furniture for her new apartment."
In reality, according to the agency's review notes, the
mother is in her 20s, had fewer children and the deceased
child was sleeping with her on a couch. She tested
positive for marijuana, not methamphetamines, and "it is
not true about smoking crystal meth." Her children did not
give statements against her, she did not serve any time in
jail, is not on probation and did not go to an inpatient
facility. She has not been clean for nine months, does
not have unsupervised visits with her children, a steady
job or an apartment, the review said.
In fact, according to the agency's notes, the profile
was actually a composite of two different mothers'
stories.
Bill Cornwell, publisher of The Facts, said the
newspaper's understanding was that only certain details
that could identify specific children, such as names,
exact ages and perhaps places, would be changed to protect
their identities.
"We wouldn't have allowed them to merge two (cases)
into one," he said. "All we wanted was some consistency
and accuracy, with privacy the main goal. We didn't need
this exaggeration. These stories talk for
themselves."
Cornwell said he was surprised to learn that additional
submitted stories scheduled for publication in The Facts
contained inaccuracies.
"This is one of the reasons why we've put a hold on
this campaign this year so we can at least get to the
bottom of this," he said.
Crimmins said about a dozen caseworkers were asked to
write two profiles each based on their cases. He said he
could not and would not identify which of the unpublished
stories was written by the same author as the fictional
story about the hurricane evacuee.
It is too soon to tell whether Child Protective
Services would be interested in continuing the program
next year, Crimmins said.
"We just know that our participation in the campaign is
going to have to be scrutinized," he said.
Crimmins said the stories also had been submitted to
the weekly Pearland Journal newspaper, but it had not
begun publishing them.
---
ALL WRONG
Inaccuracies in stories that were submitted to The
Facts by CPS, but had not run:
• An article about four malnourished children
— two sets of twins — said they were living
in a filthy home without electricity or running water and
eating rotten food off the floor. The 2-year-old twins
"were found to have multiple fractures to several areas of
their body, which were in various stages of healing." One
set of twins was adopted by their paternal grandparents,
the story said, and the other set by maternal
grandparents, who had said they had been isolated from the
children and would love to take them in. In reality,
according to the agency review, the children did not have
multiple fractures and they were adopted by non-relatives.
Furthermore, this was a composite story combining
information from more than one case.
• An article about a teenage boy named "Steven"
said he and his seven siblings had been abandoned by their
parents. Steven works a minimum wage job to take care of
his siblings and they had not seen their parents for more
than four months, the story said. "Neither has bothered
to return to the trailer where they left their eight
children to fend for themselves," the story read.
In fact, according to the review, both the mother and
the father, who are separated, visited two or three times
a month. The story said the siblings were placed in
foster homes together in two groups, but in fact a
1-year-old is not with any siblings.
• An article about "Kayla," a teenager left in
CPS care by her mother, said she is "very outgoing and
easy to talk to" and "loves to write her feelings down" to
help her get through the day.
According to the agency's review notes, "Per the
worker, you have to pull words out of `Kayla' and she does
not write her feelings down."
Girl Loses Dad to Lesbian
December 2, 2005
To the difficult question "How can same-sex marriage
harm heterosexual marriage?", the Supreme Court of
Washington has provided an answer.
The court has thwarted the ability of a married
mother and father to raise their daughter in favor of
the mother's former lesbian lover. Sue Ellen (Mian)
Carvin and Page Britain lived as lovers for twelve
years. Midway through that relationship Britain
conceived a child with sperm donated by a gay friend,
John Auseth, and gave birth to a daughter known only as
LB. When the girl was almost six years old, the couple
split up and Britain married Auseth. The Supreme Court
of Washington ruled that Carvin was entitled to parental
rights over LB.
This tangled case is another step in reducing the
rights of mom and dad, and we can expect with the spread
of legitimate same-sex marriages there will be many more
limits on the rights of parents over their own
children.
Here is a local copy of two
opinions from the court. There are many other views
on this case, accessible with a search on
[ Carvin Britain Auseth ].
Addendum: On May 15, 2006 the Supreme Court of
the United States declined to review this case.
Christmas without Children
December 2, 2005
Here is another message from the family we have to
identify with the pseudonym Lund. A poster (pdf) sets the mood for their story.
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I am sorry but my wife and I are at the point were
we had hoped that our family would be together, but
the Scrooge of Christmas still has our child for their
own benefit. I was told to spend more time with the
children because of my shift work trying to make
things more brighter for them. The Brant County CAS
has said that I have done an indecent act to my own
child. 17 to 27 people we have seen that night said
that was impossible but the CAS is allowed to molest
our oldest child at a school interview.
Mike
ditto@execulink.com
CPS Issues Fake Story
December 1, 2005
Many newspapers in Ontario uncritically print press
releases from Children's Aid without checking the facts
— they can't because the stories lack identifying
information, exact names and places. Here is an
instance of a newspaper in Texas that printed a story
created by local child protectors and had to retract it
two days later when it was revealed as a fake. How many
Ontario stories are fake?
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CPS says worker's story fake
By
Jen Sansbury The Facts
Published December 01, 2005
The Facts has discontinued this year's
Fill-a-Stocking fund-raiser after learning a submitted
story about a needy foster child published in
Tuesday's edition was fabricated.
Publisher Bill Cornwell said the $1,070 received
since Friday will be returned to donors.
During the annual Fill-a-Stocking campaign from
Thanksgiving through Christmas, the newspaper
publishes submissions written by caseworkers for Child
Protective Services of Brazoria County. Each story
includes an editor's note explaining that children's
identities are protected. Otherwise the stories are
represented to the paper — and readers —
as true.
However, agency officials on Wednesday said
Tuesday's story was not based on a real case.
"CPS apologizes to the Brazosport Facts and to the
local community for this mistake," regional director
Randy Joiner said in a written statement. "We will
make sure that when CPS supports external fund drives
in the future that there are clear instructions to
staff and appropriate checks and balances are in place
to ensure accuracy."
Cornwell said the newspaper relies on its sources
to provide factual information, not "creative
writing."
"They have violated the trust with this newspaper,"
he said. "We took the word of a local state agency in
an effort to raise money for needy kids.
"We've allowed them to change names and dates and
places to honor certain privacy concerns," Cornwell
said. But, "there's nothing true about the story that
ran."
Managing Editor Yvonne Mintz said she has stressed
to officials with the Brazoria County Alliance for
Children, the umbrella community organization that
ultimately receives and spends the donations, that the
stories be accurate.
"Just like anything we put in the newspaper we want
to be able to stand by them," Mintz said. "The
program brings in a lot of money for kids in foster
care, and we don't take lightly the fact that we have
to stop."
Tuesday's story featured 10-year-old "John," who
was said to be living in an emergency shelter and
whose mother had been missing since "the hurricane,"
apparently a reference to Hurricane Katrina which
devastated parts of the Gulf Coast on Aug. 29. Many
evacuees from Louisiana came to the greater Houston
area, including Brazoria County.
The article included details about a recent
ice-skating trip and a Christmas wish to go home. It
also included quotes from the boy saying he doesn't
think he'll get gifts this year, and he doesn't
believe in Santa Claus anymore.
The problem, according to state officials, is the
story isn't true.
"It's not based on a real child's story," said
Patrick Crimmins, a Child Protective Services
spokesman in the state office in Austin.
"We believe that the story was written and
submitted with the best intentions in mind," Crimmins
said. "The caseworker obviously has real children
with real needs, and we don't doubt that her sincere
desire (was) to use this story to help generally."
The Facts launched Fill-a-Stocking in 1982 to help
raise money for "special occasions and special needs"
of abused and neglected children in the county's care.
The newspaper publishes the caseworkers' stories,
accepts the donations and passes them on to the
Brazoria County Alliance for Children.
"We've covered a multitude of things from braces
that are not covered by Medicaid to upgrading
children's glasses," said Deborah Spoor, the
alliance's president.
The money is used all year long to buy birthday and
Christmas gifts and cover other expenses during the
year that foster families and the state aren't able to
pay.
"We've bought senior rings, we've bought prom
dresses. We have done band camps, baseball camps, we
have bought shoes — specialized shoes like
cleats," Spoor said.
In 2004, Fill-a-Stocking raised $9,570. The money
will be depleted by the end of the Christmas season,
Spoor said. The 2005 money would be spent for gifts
and special items in 2006. Spoor said she's not sure
what the organization will do come January.
"It's like losing a major grant," she said. "What
do you do? You take a deep breath, you step back and
try to develop an alternate plan."
For the first time this year, the alliance was
acting as a liaison between The Facts and Child
Protective Services to ensure the stories arrived at
the newspaper in a timely manner.
"I don't think that we ever questioned that the
stories were factual, none of us ever did," Spoor
said. "Our concern was always that we protect the
confidentiality of the child."
Child Protective Services officials said the
article was written by a caseworker in the agency's
Angleton office, but have not provided any additional
information about her or the process for vetting the
stories before they are submitted to the newspaper for
publication.
"Absolutely, a supervisor should have been
reviewing them, but I don't have the details yet about
who reviewed this one," Joiner said.
The issue came to light when a reporter for a
Houston television station made inquiries about "John"
with the Child Protective Services' regional and then
state offices.
Regional spokeswoman Gwen Carter, who lives in Lake
Jackson, said there are no children fitting the
child's circumstances in the 13-county region served
by the Houston office. All evacuated children who
came to the area and have not been reunited with their
parents have been placed with relatives, she said.
Lauren Crim, a local Child Protective Services
employee who was involved with collecting the stories
for publication in The Facts, referred a call for
comment to Crimmins.
Joiner said the agency is continuing to investigate
what happened. He said he thinks it's possible the
child was a composite of children the caseworker has
worked with. She wrote another story for the series
that had not been published, Joiner said. It is still
being reviewed.
Agency and newspaper officials said no other major
errors have been found in the other four stories that
had been published so far this year.
Denise Troyer of Lake Jackson, who donated money in
her grandchildren's names, said she thinks it is "just
sad" that a Fill-a-Stocking story was made up.
"I can't understand that with as many pathetic
stories as there are out there why they would do
that," she said.
Another early donor, Mildred Walker of Clute, said
contributing to the Fill-a-Stocking fund is a holiday
tradition.
"I've donated for years now to The Facts, and I've
always hoped it did some good," she said. "Can't you
change it and give it to some other causes?"
Cornwell said he doesn't know whether
Fill-a-Stocking will resume next year. The paper
sponsors a variety of holiday initiatives to collect
coats, food and cash donations, including Angleton
Goodfellows, and will continue this year as
planned.
"We're going to reconsider what we can do to help
needy kids," he said, "and who we can trust."
---
CPSSTATEMENT
A local office of Child Protective Services (CPS)
has issued an apology to the editor of the Brazosport
Facts for an inaccurate story that was submitted to
the newspaper and published Tuesday, Nov. 29, as part
of the annual "Fill-a-Stocking" campaign to help
foster children.
The story was about a 10-year-old boy identified as
"John," living in an emergency shelter since losing
his mother in a hurricane. An internal review by the
agency has determined that the story written by a CPS
worker in the Angleton office was not based on a real
child's story.
"CPS apologizes to the Brazosport Facts and to the
local community for this mistake," said Randy Joiner,
CPS' regional director. "CPS has been an enthusiastic
partner in the Fill-a-Stocking campaign, and we
sincerely hope that this isolated incident will not
overshadow the good work of 7,000 employees and will
not damage other worthwhile efforts to help real
children with real needs."
CPS has checked all other stories that have been
published in The Facts during this year's campaign.
Each story is accurate with the exception of minor
details — for example, names or exact ages
— which may be changed to protect the identity
of individual children.
The Facts and CPS have agreed that stories that
have been submitted to the newspaper but not yet
published will be returned to the agency.
CPS management will review all the actions and the
circumstances that led to the mistake.
"We will make sure that when CPS supports external
fund drives in the future that there are clear
instructions to staff and appropriate checks and
balances are in place to ensure accuracy," said
Joiner.
Adoption Story on ABC
November 30, 2005
Here is a story for people who think adoption is the
solution to child abuse.
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Masha's Story
Tomorrow night an extraordinary and unprecedented
story will air on ABC Primetime about my client, a
Russian orphan girl who was adopted by an American
pedophile.
When millionaire Matthew A. Mancuso adopted five
year old Masha from a Russian orphanage, she had
already lived a tragic life. Stabbed by her drunken
mother at age three, Masha hoped for a better life in
the United States. Instead she was sent to live near
Pittsburgh with a pedophile who had a long history of
abusing young girls. During the next five years,
Mancuso sexually assaulted Masha almost daily while
slowly staving her to keep her body thin and
childlike. Some of the abuse was photographed, both
at their home in Plum Borough and at Disney World.
Mancuso traded many of these hard core images on the
internet which is how the FBI caught him and rescued
Masha.
The ABC Primetime report chronicles Masha's
adoption from a small industrial city in the south of
Russia to her new home in the outskirts of Pittsburgh
and questions many events that could have stopped the
depraved abuse, including why no one from the adoption
agency ever visited Masha in her new home and why
Mancuso's ex-wife and grown daughter were never
interviewed about his past. The later could have
exposed the claims of his biological daughter that
she, too, was sexually abused as a child.
Masha, who was adopted by another family, says she
is speaking out now at the age of 13 "because I think
that it's wrong what he did. And this is happening so
often now. And a lot of times nobody ever tells
anybody. Some kids just give up. And they don't have
any faith."
Recently Mancuso was sentenced to a minimum of 35
years in prison on top of 15 years from a federal
conviction. He could face more time in Florida,
including the death penalty, for the crimes he
committed in a Disney World hotel room.
During the past month there was an organized effort
by the international adoption phalanx to silence this
story, and to deny and cover up the actions of the
agencies which facilitated this adoption and Masha's
abuse. These "Cowards in Adoption" despise the truth,
dismiss the victim and defend their entrenched
pecuniary interests. Tomorrow they will start
answering, both in the court of public opinion and
ultimately in a court of law, for their reprobate
acts, careless omissions and willful ignorance.
Tomorrow night's shocking account is simply the
first chapter of Masha's unimaginable story.
MARSH & GAUGHRAN LLP CONTACT INFORMATION
Phone (914) 592-2626
Fax (914) 206-3998
Toll Free (800) 592-2251
Westchester Financial Center
50 Main Street - Tenth Floor
White Plains, New York 10606-1900
Lawyers Professional Building
61 Smith Avenue
Mount Kisco, New York 10549-2813
www.MGLaw.us
www.MashaStory.info
Edmonton Foster Death
November 27, 2005
Here is another death in foster care, this time in
Edmonton. The Edmonton Journal, the Edmonton
Star-Phoenix and the CBC all carried the story without
mentioning any names. Under the pretext of protecting a
dead child from emotional harm, a man charged with a
capital crime has joined the ranks of the disappeared, the desaparecidos, for the real purpose of helping
social services bury their mistake.
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Man charged in baby's death
The Edmonton Journal
Sunday, November 27, 2005
EDMONTON -- An Edmonton man is charged with
second-degree murder in connection with the Saturday
death of a 13-month-old toddler who was in the foster
care of his relatives.
The child, who police have not identified, was
taken to an Edmonton hospital Thursday. Hours later,
his life-threatening injuries prompted hospital staff
to notify police. Police would not describe the boy's
injuries or say whether his parents were with him in
hospital. The toddler died shortly after 11:30 a.m.
Saturday. An autopsy is scheduled to take place
Monday.
Police spokesman Jeff Wuite said the 44-year-old
man charged could not be named because of the Child
Youth Family Enhancement Act, which prevents the
release of any details that identify a child, siblings
or guardians. The man's first court appearance is
expected to take place Monday. Sources say the child
was one of three in the Edmonton foster home.
Alberta Children's Services spokeswoman Jody
Korchinski would not confirm whether the child had
come under government care nor whether two siblings
are still in the home. She said whenever a child is
seriously injured while in care, a special case review
can be done to determine what could have been done
differently.
If this is deemed a homicide, it would be the 35th
of year.
Addendum: Today, November 28, the Edmonton
Journal and the Edmonton Sun, but not the CBC, have
identified the parties involved in the case.
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Mother screams ‘baby killer’ as man
charged in child’s death
Edmonton Journal
Monday, November 28, 2005
The mother of a toddler killed on the weekend
screamed "baby killer" in an Edmonton courtroom today
as the 44-year-old man charged in the child’s death
made his first appearance.
Thirteen-month-old Caleb Jerome Merchant died
Saturday in the home of his foster parents.
Raymond Douglas Loyer, who is common-law husband of
the child’s foster mother, has been charged with
second-degree murder. He was remanded in custody and
is to reappear in court on the charge next month.
As he made his appearance, the child’s mother,
Sandra Mingo, 21, shouted "baby killer."
Afterwards, she said Alberta Children’s Services
should have done a better job of screening the people
that her child was living with.
Mingo said her son was taken into care by
Children’s Services because she has a drug
problem.
The boy was placed in the home of a distant
relative who Mingo referred to as her cousin. Loyer
lives common-law with the relative.
Relatives of the child and the accused attended
today’s brief court appearance.
The child is Edmonton’s 35th homicide of the
year.
Runaway Foster Children Jailed
November 26, 2005
Teenagers in foster care know they are in a prison,
regardless of the social service euphemisms. In Yakima
Washington those who run away are now put behind bars.
The article comes from the Seattle Times, in case the
link expires here is a local copy.
Foxwoods Conference Report
November 26, 2005
Here is a report from the organizer of the conference
held November 19, 2005.
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The Conference at Foxwoods was a success and
achieved our desired goals. Our speakers were Richard
Wexler, Executive Director from National Coalition for
Child Protection Reform (NCCPR); William O. Tower,
Executive Director, American Family Rights Association
(AFRA); Jeff Griffin, Executive Director, Citizens
Commission on Human Rights (CCHR) and Thomas M.
Dutkiewicz, President, Connecticut DCF Watch.
We would like to personally thank all of the
speakers for their time and dedication to the issues
of child protection and protecting children from abuse
by child protection agencies and case workers.
We had parents and legislators from Maine, Mass,
Rhode Island and Connecticut in attendance. There was
discussions on the abuses by child protection, the
judicial system and the drugging of our children with
fictitious diagnosis that can not be determine with
any testing.
For those who were unable to attend, we are working
on editing of the video and making it available not
only to you but the media also.
This is only the beginning. We hope to hold
conferences throughout the country to start a national
dialogue on the issues of parental rights when dealing
with case workers who knowingly lie and commit
perjury. We look forward in seeing all of you in your
state. If you have a venue that a conference can be
held and are able to secure that, please contact us at
the below email address.
Thank you all who helped and participated in the
promotion of this event.
Thomas M. Dutkiewicz, President
Special Family Advocate
Connecticut DCF Watch
P.O. Box 3005
Bristol, CT 06011-3005
860-833-4127
Admin@connecticutdcfwatch.com
www.connecticutDCFwatch.com
Don't Tell Mom and Dad
November 26, 2005
Personal information that is readily available to
Children's Aid is routinely withheld from parents.
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Privacy laws block help path to teens
By IAN
GILLESPIE, FREE PRESS COLUMNIST
Too young to help themselves. Too old to be helped
by others.
That's the agonizing dilemma faced by parents who
want to aid their troubled teens, but find themselves
paralysed by privacy laws.
Last week, I wrote about a local woman trying to
help her drug-addicted 16-year-old daughter. The
woman said her efforts had been thwarted by school
officials, health-care providers and police -- all in
the name of protecting the child's right to
confidentiality.
"I'm a parent screaming -- and I mean screaming --
for help, but nobody can help me because nobody can
tell me anything," the woman said. "And I know I'm
not the only parent like this."
It seems she's right about that. Her story
prompted nearly a dozen messages from local parents in
similar straits.
"I went through a similar experience with my son,"
said one caller, adding the young man was later
diagnosed as manic depressive. "I lost control of him
at (age) 16 . . . He overdosed and died in
Vancouver seven years ago."
The other messages were just as saddening: A woman
said she was struggling to overcome the same obstacles
with her 17-year-old daughter; a man complained that
legal restrictions blocked him from helping his
14-year-old son; a woman said she'd faced the same
roadblocks during the last eight years while trying to
help her two teenage sons. And on and on.
Whether the legal snare was embedded in the
Personal Health Information Protection Act or the
Child and Family Services Act or the Mental Health
Act, the essence of the complaints was the same.
Because of privacy rules, the doctors, counsellors
and cops say they can't intervene -- or provide
helpful information to parents -- unless the kid
consents.
But again and again, the parents insisted it's
absurd to expect the troubled child to share
information, accept help or heed advice -- they're
either too addicted, too sick, too depressed, too
confused or too angry to do so.
"Thank you for highlighting the destructive . . .
results that privacy legislation can have on families
with troubled children," wrote one reader. "I pray
for that woman, but unfortunately, based on
experience, she won't get help from the system.
"Only her daughter can (get help) -- but only if
she asks. And too often troubled kids are unable to
help themselves."
This parent suggested too many professionals hide
behind the various privacy laws, which are often vague
and open to interpretation.
"My family has been struggling to help our daughter
fight anorexia for the last 3 1/2 years," the reader
wrote.
"At one point, a doctor told my husband he had no
rights -- only responsibilities. Instead of working
as a team to help the child, the family is shut out
and, tragically, the child is the big loser."
The most poignant letter came from a woman who
identified herself as Christine. Her envelope
contained one note to me and another addressed to the
woman I wrote about last week.
"Dear mum," stated the letter. "I read about your
worries in The Free Press. . . . I empathized,
because I've felt as hopeless as you, as frustrated as
you, as angry as you must feel sometimes.
"My son has been going through depressions since he
was 16, and now, at 28, I believe he is an alcoholic.
I went to the doctor when this first started and was
told . . . she couldn't tell me anything about his
behaviour and condition because he was 16 and (she
suggested) maybe I should take a stress seminar.
"When I said I was concerned he might commit
suicide, she said it was a valid concern."
The woman explained that she attended some
Alcoholics Anonymous meetings to get tips on how to
help her son. Instead, she gained some insight about
herself.
"I had become obsessed with my son's problem," she
wrote, "and had forgotten to take care of myself."
In the end, this woman urged the other worried
mother to look after her own needs because "it doesn't
mean you love your daughter any less."
That's not the answer these parents are seeking.
But it's worth remembering that in a bid to save their
kids, these parents need to make sure they don't lose
themselves.
Money for Abused Indians
November 24, 2005
Paul Martin has announced compensation for
aboriginals abused in foster care.
- The amount, $2560 per year in foster care, only
sounds generous. At current rates, Ontario pays
Children's Aid Societies over $25,000 per child-year
in foster care.
- The agreement does nothing to eliminate unnecessary
foster care placements now or in the future.
- The entire agreement is an illusion that could be
wiped out by dissolution of parliament next
week.
- The final paragraph slams Christians, shifting the
blame and slandering a rival to the moral authority
of the state.
In the following article, we show only the paragraphs
relating to foster care.
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CNN.com
Conference to address aboriginal child
abuse
Thursday, November 24, 2005 Posted: 1343 GMT (2143
HKT)
KELOWNA, British Columbia (AP) -- In an
unprecedented summit, Canada's leaders will sit with
aboriginal chiefs Thursday to settle outstanding
claims of child abuse and treaty violations -- termed
by one native leader "a national tragedy."
But Fontaine hailed a proposal by Ottawa to give
more than $1.7 billion in cash payments to atone for
decades of abuse of First Nations children forced to
attend Christian residential schools.
Some worry that any progress made at the conference
could be washed away when the opposition in Parliament
is expected to topple Martin and his minority
government in a vote of no-confidence, after he
refused to call early national elections.
If the school abuse deal is approved in court,
survivors of rape, beatings and cultural isolation
would likely be paid by the end of 2006, though the
average abusive victim is now 60 and many are sick or
dying.
"It is an agreement for the ages," said Fontaine,
who was one of the first to go public with his own
story of sexual abuse at the Fort Alexander School in
Manitoba.
"We hope the settlement package will bring comfort
and a sense of victory and vindication for the
children and grandchildren of survivors as well," he
said.
That history has long been cited by aboriginal
leaders as the root cause of epidemic rates of
alcoholism and drug addiction on reserves.
The agreement is open to more than 80,000 former
students who can apply to receive $2,560 for each year
spent in the once-mandatory system meant to
"Christianize" native kids.
Almost 15,000 people have sued for damages since
Ottawa acknowledged in 1998 that abuse was rampant in
the schools. During much of the last century, about
100,000 First Nations children, aged 4 to 18, were
sent to Christian residential schools in nearly every
province.
New Blog
November 24, 2005
Amanda Reed has started a new blog
centering on the Jeffrey Baldwin case.
Man Exonerated and Ruined
November 23, 2005
This is a familiar story pattern. A father is
accused of a sexual impropriety and exonerated. But as
a result of actions during the pendency of the charges,
his family and career are destroyed. In this case, the
fatal blow was putting his name on the child abuse
register, ending his career as a teacher.
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On June 24, 2004 my daughter's 11 year old female
friend accused me of touching her. I was charged,
arrested and placed in custody. The CAS of Bruce
County got immediately involved and insisted my
daughters go to their mother's house.
The next day I was transported to Owen Sound but
was unable to have a bail hearing, so spent that night
in the Owen Sound jail. Kara Wall, the CAS worker,
visited me and told me that I was to have no contact
with anyone under 16.
The following day I was granted bail. With input
from the CAS and my ex-wife, my bail conditions
included that I could not live in Bruce County. So I
went to Brantford to live with my parents.
The CAS worker called and insisted that I sign a
voluntary agreement or they would hound me until I
did. They also intimidated my partner who was still
living in our home in Wiarton to sign one as well.
When our lawyer found out, he helped us to revoke our
agreements. It was after this the CAS made a motion
to intervene to place my partner's 15 year old son in
protective custody. We made a counter motion, it went
to court in February and we won. We are still waiting
for the Justice's decision on whether the CAS will pay
court costs. The CAS then placed me on the Child
Abuse Register. Requests for expunction have been
deferred to a hearing yet to be heard.
In August 2004, my bail terms were modified to
allow me to live back in Bruce County, but one of my
parents had to live with me. Also, it was modified to
stipulate no contact with minor females. Because of
this, I was placed on administrative leave without pay
from the Bluewater District School Board.
My ex-wife finally filed for divorce and wanted
sole custody of my daughters. There was a case
conferrence and the judge made an interm order that I
have no contact with my daughters. I haven't seen
them since June 24, 2004.
In May, I had my days in court and was aquitted.
The school board reassigned me to teach a grade 2
class in the fall. Near the end of September my union
called to inform me the school board had received a
letter from the CAS three weeks earlier. The letter
stated I was not to be placed in a position of trust
with children.
The CAS wanted me to sign a consent to allow them
to share information with the school board. My union
said no way. The school board placed me on
administrative leave without pay for insubordination.
The union has my consent to view the CAS's
information, but the CAS is too busy to have time to
send them the files. Instead they have written the
union stating that while the court might have aquitted
me, they have a higher burden of proof and feel that I
am guilty. Because of this, the union's two
grievances have been denied by the board and it will
be going to an arbitrator. If I win the arbitration,
I will go back to the classroom and the Union will sue
the CAS for lost wages. If I lose the arbitration, my
teaching career will be over but the Union intends to
sue the CAS for potential earnings that have been
lost.
This is the short version. I could provide more
detail if you want. Also, if anybody you know wants
to pick up a torch for me, I'm all for it.
Dan Blenkinsop
email: blenk@bmts.com
Legislator Scorned
November 22, 2005
Today, through the courtesy of a Maine reader with a
scanner, Michelle Goodwin, we post a two-year-old story
of a legislator, Ed
Dugay who was excluded from a child protection case,
though child protection was within the scope of his
legislative responsibilites. Your elected
representatives really do not have much control over
social services, and pleading for relief by petitioning
them is futile.
Girl Taken Without Cause
November 22, 2005
In the following case, CAS attempts to prevent a
single mother from associating with a man. According to
professor Stephen Baskerville, the first objective of
the state in gaining control of a family is removal of
the father. In this, and many other CAS cases, they
also endeavor to prevent the reentry of a father
substitute into a family. Also, while the police and
child protectors are legally separate agencies under
different ministries, in practice they act together as a
single unit. This is not the first case where police
enforce the unsubstantiated word of a social worker in
preference to an order from a court.
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Tuesday, November 22, 2005
Dear Chief McElveny,
I am the agent for a complainant who hand delivered
her complaint on October 3 and then on October 4, 2005
when the officer in charge of Brantford police refused
to give her the information she needed to make her
complaint on October 3, 2005.
The complaint is not complicated. Officers of
Brantford City Police threatened her with arrest if
she did not hand her daughter over to a CAS worker.
The complainant is a single mother who had a court
order which placed her daughter in her care and
neither the CAS nor the police had any order from a
Justice of the Peace or a Judge. And, further no
paperwork, not even a receipt for her daughter or an
officer's card, was left with the complainant. The
reason given for apprehending the child was that
Ontario Works had informed the CAS that she was living
with a man who the court said she should not live
with. There was no evidence to support this statement
and if there was any doubt in the mind of the CAS that
the complainant's daughter was at risk there is a
court procedure set out in the Child and Family
Services Act that would have allowed the matter to be
before the court without the trauma that was caused
this little girl.
The complainant hand delivered a copy of the court
order to you through the receptionist at headquarters
on October 5, 2005 and you were asked through our
organization to have the child returned to the mother
in accordance with the court order. You failed to
respond. The matter went before a Judge on October 8,
2005 and the little girl was returned to her mother
but not without cost to the emotional health of the
child who now believes her mother gave her away to a
stranger. She had no idea that her mother was
threatened with arrest if she did not do so and that
the CAS would have taken her anyway as her mother
could not look after her in jail. Coercion
invalidates any action that is seen as voluntary and a
threat of arrest is I am sure you will agree
coercion.
As I am sure you are aware our Criminal Code
protects children under 14 from being removed from the
supervision of their parent without lawful reason. In
this case there was no lawful reason. The matter
could and should have waited until the Monday and a
court application made if there was any concern.
However, as we know possession is nine tenths of the
law and in many cases these children are not returned
for months, if at all, regardless of the CAS concerns
being groundless, which many of our audits show is the
case. We have been involved in many such cases
throughout Ontario and the safeguards built into the
Child and Family Services Act are simply not being
adhered to.
I have also been involved as agent for dozens of
police complaints throughout Ontario and I can
truthfully say none of the complaints, except one,
worked out as an appropriate means of obtaining what
was desired - a change in how police do things. I was
not surprised, therefore, when I got a call from
Inspector Scott Easto saying that all correspondence
in this matter was lost and he required the
complainant's copy to proceed with the complaint.
Inspector Scott Easto inferred that I am being
unco-operative in this investigation because I don't
believe it is our responsiblity to furnish Brantford
Police with the complaint and the correspondence, most
of it hand delivered, yet again.
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