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More recent news
Publicize your Case!
June 19, 2006
This British article should be a lesson to anyone who thinks secrecy is
the way to protect your child. Publicity is the weapon child protectors
fear most, and the one most likely to save your children from their abuses.
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In the shadows of justice
The government has announced plans to open up the opaque family courts system. John Sweeney reports on the parents who are caught up in the web of secrecy.
John Sweeney, Monday June 19, 2006, The Guardian (UK)
In Tom Stoppard's play, Night and Day, Guthrie, the old hack, questions whether any story is worth dying for. And then from the bottom of his cynicism out it comes: "I've been around a lot of places. People do awful things to each other. But it's worse in places where everybody is kept in the dark. It really is. Information is light. Information, in itself, about anything, is light."
Ask "the social". Social services departments have the power to go to the family courts and take all your children away, for ever, without a jury, the press or the public knowing about it. Hostile adoptions take place behind closed doors, to protect the child.
But what if the social gets it wrong - and its experts assert abuse without properly investigating natural causes? Then a family may lose all of their children on the basis of false accusation, and they cannot go public and protest without fear of prosecution for contempt or other retribution. For example, if the social has taken Child A, B and C, and the family protest that was a mistake, the social could take Child D, too, again to protect the child. If the family hold their tongue, they might get to keep Child D ...
The pressure to remain silent in the face of losing your children for good is great, perhaps too great. Too many people complain to me that social services are too powerful, and families accused of abuse are too powerless, for every complaint to be without merit.
Reporting this kind of nightmare is not easy. Living it is unspeakably worse. Nicky and Mark Hardingham are an ordinary, extraordinary working-class couple. He drives a forklift, she tests the prawns in the same little factory in Norfolk, and appears meek and shy until you get to know and appreciate her gentle, mocking wit. They used to have three children, who they have to call in public Child A, B and C. They lost all three behind closed doors in a hostile adoption, but the couple protest their innocence. The family could not satisfactorily explain sinister, metaphyseal fractures in their son, Child B. To no avail, they pointed to a long history of brittle bones in their family - 100 fractures over four generations - and the fact that Child B was lactose intolerant. If he could not drink milk, and was not given a dietician - even though the family had asked for one - could that have affected his bone growth? No: it was abuse. (During the family court case, which I cannot report, Nicky's then lawyer applied for and got a job with Norfolk social services. She and it deny any potential conflict of interest.)
When Nicky became pregnant last year - an accident - she became terrified that Norfolk social services would take her fourth child away, too.
Last November I reported on their case for Radio 4's File On Four and also investigated that of Ian and Angela Gay, who had been convicted in the open, criminal court of poisoning their adopted child with salt. Last year, we could not identify Nicky and Mark because A, B and C had not been permanently adopted and we gave them fake names. The contrast between the two cases - one in the open and the other in the dark - was shocking.
We found fresh evidence of natural causes in both cases. The story of the Gays caused something of a national outcry. As well as the File On Four, I covered it for Newsnight, BBC TV news and the Daily Mirror, and it was followed up by the Mail, the Telegraph and others. The convictions against Ian and Angela Gay were quashed. Although they face a retrial, they are out of prison now. The story on Nicky and Mark died. They can never get A, B and C back.
I first came across the family court "black hole" in 2001 when, working for 5 Live, I started investigating the claims of people who said they were victims of Professor Sir Roy Meadow's law, that the more cot deaths you suffered, the more likely it was that you were a murderer. He gave evidence against cot death mothers Sally Clark, Angela Cannings and Donna Antony in the open criminal courts. We could report his evidence, find other experts who said it was "barbaric" "like stamp-collecting" and "just plain wrong" and report the belief of friends and families that the mothers had been wronged.
Meadow also gave evidence in the family courts. His victims could not appear on camera, they could not speak out under their own names. We could only report Meadow's evidence by risking contempt actions, which we did, time and again. Slowly, the net tightened. Blobbing out a mother's face, as she mourns the loss of a child taken from her at 25 minutes old, on the say-so, in part, of the evidence of Meadow, may have been in the interests of the child. It felt like censorship.
Back to the Hardinghams, who still protested their innocence. In April this year, Norfolk finally told them that A, B and C had been permanently adopted. By mistake or design - who knows - they had sent round a video, advertising the couple's children to adopting strangers, to Nicky and Mark. For BBC1's Real Story, broadcast last month, we filmed them watching that video and we filmed Nicky in her daughter's bedroom. We filmed, too, Nicky's grandmother, Joyce, talking about being falsely accused of child abuse in 1946 because she could not explain a mystery fracture in her daughter, Nicky's mother. And then their whole family standing by the couple.
Our film could go out because Norfolk had no children to protect: A, B and C had gone for ever and the one in Nicky's womb was not yet born and legally did not exist. Two and a half million people watched Nicky and Mark tell their side of the story.
After the show went out, the family met Norfolk and they say that a chance remark by a council officer implied that Norfolk planned to take the fourth child - an allegation Norfolk denies. The couple went to Ireland to try to keep the fourth.
When the baby was born, Norfolk arrived in Ireland the very next day. Nicky and Mark were confronted with a cruel choice: stay in Ireland, and face the Irish authorities, or go back to England, to the people who had already taken the first three children, where their parenting skills would be assessed. They chose England and drove to Dublin airport. However, at the check-in desk they were told that the new baby was too young to fly - and so the next night we were able to broadcast our second Real Story on the case.
Lisa Christensen, head of Norfolk Children's Services, has repeatedly reproached the couple for going public because it was "inappropriate".
Professor Carolyn Hamilton of the Children's Legal Centre told Real Story: "We have real concerns about more transparency and more access to the family courts because obviously children need to be protected, and so do parents from very intrusive press reporting or from gossiping about their case in the locality where they live. I don't see why having the public or the press in the courts would make it any fairer or less fair."
But others disagree. As a result of going public, 100 people supported Nicky and Mark by attending a local meeting, a thousand have signed a petition declaring their innocence and 3.7 million people watched the second Real Story - a quarter of everyone watching the telly at the time. Fresh experts have come forward, including a bone surgeon and a professor of medicine, gravely unhappy with the original medical opinion against the couple. One member of the public came forward showing that his family had gone through a second genetic test, for the LRP5 brittle bone mutation, which Nicky and Mark did not know existed. Going public to protest against claimed injustice may be inappropriate. It is certainly inconvenient. But it does help.
Information is light
After the first Real Story went out, Norfolk changed tack. Christensen wrote to Harriet Harman, the minister of justice, saying: "We would actually welcome more information being made public in this case ... allegations can be made against public bodies, but because of the confidentiality of proceedings in family courts, the full facts cannot be revealed."
The moment the couple arrived back in England, Norfolk went to court, to get an injunction requiring further reporting restrictions in the case. The injunction stated: "If you disobey this order you may be found guilty of contempt of court and may be sent to prison or be fined or have your assets seized." It is not even clear whether I can ask Nicky or Mark "how are things going?"
A website in support of the couple is in the line of fire from the council, and local reporters are now anxious about covering what happens next. For example, if Norfolk does take the fourth baby from the couple, can we report that? Or would that be against the interests of the child? 3.7 million people might like to know.
Perhaps Norfolk and other social services might care to reflect on what the constitutional affairs minister Harriet Harman said on our Real Story when she set out plans for allowing the press in to the family courts: "For justice to be done, it must be seen to be done."
I asked if she was going to change the law, and she replied: "yes".
More Snitches
June 19, 2006
Add your barber to the list of people not to trust.
The state of Maine is enlisting hair stylists as
snitches for the social services system.
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Salons join effort to stop
violence
Maine hairstylists to help eliminate abuse
Wednesday, June 14, 2006 - Bangor (Maine) Daily
News
WATERVILLE - Maine is enlisting hairstylists in the
ongoing effort to eliminate domestic abuse.
The idea is that women often open up to their
hairdressers, so they should be alert and report
problems.
"You build a trust with your stylist. They are the
ones who are looking out for you," said Debra Krasniak
of Cosmotech School in Westbrook, where a training
session was held last month. "You tell your stylist a
lot of things, and it becomes a safe place at times."
The second phase of training for beauty salon
workers was being held Tuesday at Pierre's School of
Cosmetology in Waterville, building on the earlier
session in Greater Portland. Additional training will
be offered next month in Bangor.
Attorney General Steven Rowe called domestic
violence an "insidious problem" and pointed out that a
domestic assault occurs in the state at the rate of
once every 97 minutes. In the last two years, 38
Maine people died in domestic violence homicides.
The training program for beauty salon workers is
similar to efforts in Florida, Idaho, Oklahoma,
Virginia and Ohio, said Nicky Blanchard, spokeswoman
for the Maine Coalition to End Domestic Violence.
It is based on a key finding of a report by the
Maine Domestic Abuse Homicide Review Panel: Many
people recognized abuse in relationships that ended in
homicide, but did nothing.
"By familiarizing ourselves with potential warning
signs of domestic violence and educating ourselves on
the resources available, we increase our society's
ability to help victims," said Assistant Attorney
General Lisa Marchese, who led the panel.
The report by the Maine Domestic Abuse Homicide
Review Panel said inaction by bystanders allows abuse
to continue. "Bystanders often observe abusive and
controlling behavior but do not talk to the victim,"
the report said.
Sometimes controlling behavior can be spotted by a
stylist, Krasniak said.
"You might start offering a change [of hairstyle]
and she says, 'No he would not like that,' or 'He
would kill me if I cut my hair,"' she said. "You
start to think there might be some control
issues."
Over the years Krasniak has suspected that some of
her clients were victims of abuse. Some of them
opened up and described their partner's behavior.
"I would just listen to what they told me," she
said. "I told them there were programs out there and
just advised them to seek help."
The new program trains stylists to steer people who
may be abused toward one of the state's nine domestic
violence projects, Blanchard said.
Stylists are supplied with literature to post in
their shops, as well as nail files that have an
organization's contact information.
Similar training efforts have been conducted with
state employees, law enforcement officers, clergy and
schools.
"The duty to learn more and do more extends well
beyond police and prosecutors," Marchese said.
"Everyone in the community can help."
Rally Threatened
June 18, 2006
We have received a photocopy of a letter from
Children's Aid, threatening participants in the upcoming
rally on June 20. We have heard of other threats of
retribution, but so far this is the only one in
writing.
The parents are being threatened for violating a law
intended to prevent newspapers and broadcast media from
publicizing the names of vulnerable children. We do not
know of any case in which courts have dealt with a
parent naming his own child. Since the parents lack the
means to hire appellate lawyers, it will not be dealt
with in this case.
To keep this family out of further trouble, we will
not disclose their names or identify the Children's Aid
Society involved. We use the mark ▉ in places
where our copy has material deleted.
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The Children's Aid Society ▉▉
▉▉▉
▉▉▉
▉▉▉
▉▉
It has come to the attention of the Society that
you ▉ are involved in the United Family Front
rally set for Tuesday, June 20, 2006, and that you
will be making public information regarding the
various children of ▉▉▉▉ and
the child protection proceedings. As you
▉▉▉ amply aware, the current laws
provide that the publication or public release of
information regarding, and that would tend to
identify, children involved in child protection
proceedings is prohibited and a breach thereof would
open you up to legal repercussions. Accordingly, you
are not to release such information in any way.
In particular, Subsection 45(8) of the Child and
Family Services Act states:
No person shall publish or make public
information that has the effect of identifying a
child who is a witness at or a participant in a
hearing or the subject of a proceeding, or the
child's parent or foster parent or a member of the
child's family.
As you have been advised in the past, breaching the
prohibition against publishing or making public any
information about any of your children, yourselves or
any other family members, could give rise to the
penalties under subsection 85(3) of the Child and
Family Services Act, which states:
A person who contravenes subsection 45(8)
(publication of identifying information) or an order
prohibiting publication made under clause 45(7) (c)
or subsection 45(9), and a director, officer or
employee of a corporation who authorizes, permits or
concurs in such a contravention by the corporation,
is guilty of an offence and on conviction is liable
to a fine of not more than $10,000.00 or to
imprisonment for a term of not more than three
years, or to both.
In particular, ▉▉▉▉ can
speak at the June 20, 2006 rally about the situations
relating to your children, or speak about your "story"
and the children.
You are also directed to deleted (sic) any website
information relating to the child protection
proceedings and also any information (such as, but not
limited to, the names or part of the names of any of
the children, or the names or part of the names of
▉▉ you as a parent, or the names or part
of the names of any other relatives, any and all
photographs of the children or either of you as a
parent or of any other relatives, and any other
details or comments) "that has the effect of
identifying" any of your children. Obviously,
information regarding a parent or other relative, a
foster parent, or a worker in turn can enable the
public to identify which child or children are being
spoken about, so that no such information can be
published or spoken about or released to the public in
any form or manner whatsoever.
Kindly confirm that you have taken the necessary
steps to correct or cancel any and all such breaches
or potential breaches so that any further legal action
will not be necessary.
Yours truly,
▉▉▉▉
Dead Girl Walking
June 15, 2006
Here is the story of a father who paid child support
for eleven years after the death of his daughter,
without knowing she was dead. It is not the first
concealed death in family law. The fathers group FACT
has found cases of fathers who paid child support for
years to a deceased mother. At least the Texas father
by rights ought to have been notified of his daughter's
death. Parents of crown wards have no legal right to
notice of the death of their children.
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Wichita Falls Texas Times Record News
Girl's death lost in the system
Dad paid support for 11 years after child killed
By Stacy Horany/Times Record News
June 7, 2006
A check in the mail led Daniel Davenport to a
terrible discovery.
The Wichitan had lost his daughter, Ashley,when he
and her mother broke up in 1988. Ashley stayed in the
Golden State with her mother. Davenport left
California in 1990 and returned to Wichita Falls.
Davenport lost Ashley again - this time to a fatal
car accident in July 1995.
But he wouldn't know about the wreck until 11 years
later after, receiving a refund check for child
support, arrears and medical insurance from the Texas
Attorney General's office.
Davenport pulled the check from his mailbox one day
in April - of this year.
When Davenport and his fiancee Kelly Reece
contacted the office to question the refund, they were
told "the child is deceased and no more payments are
required."
A check for $2,160 was all that remained of
Ashley's life.
Davenport is sickened by the fact that his
daughter's life was shuffled away, lost in 11 years
worth of paperwork, like a file on a messy desk.
"I thought they meant she had been dead six months
since that was how much child support the check was
for," Davenport said. Davenport said the Texas office
told him he'd have to contact the Stanislaus County
Department of Child Support Services in California to
find out more.
The Stanislaus County office told him Ashley had
died in July 1995.
A news story Davenport obtained, published in the
Modesto Bee, stated that Ashley, then 6 years old, was
killed in a car accident on July 3, 1995. Her mother
was driving and accelerated through a red light. The
car was broadsided on the front passenger side.
Ashley was riding in a passenger's lap in the front
seat. She was ejected from the vehicle and suffered
fatal chest and head injuries, according to an
accident report from the Modesto Police Department.
A later article in the Bee stated that Ashley's
mother stayed one day in jail and received three years
probation as a result of the accident.
Janece Rolfe, a spokeswoman for the Texas Attorney
General's office child support division, said Texas
was notified of the death in September 2005 by the
Stanislaus County office - 10 years after Ashley's
death.
Rolfe said Texas is in discussions with California
at this time about the Davenport case.
"We're going over everything with a fine-toothed
comb," Rolfe said.
In Texas, "we routinely match our case load with
death certificates issued by the Vital Statistics Unit
through the Texas Department of State Health
Services," Rolfe said. Rolfe said the systems differ
state by state, and the same procedures might not be
in place in California.
Neal Selover, public information officer with the
Stanislaus County Department of Child Support
Services, said he was not able to speak about specific
cases, citing privacy laws in California. He did not
comment on any safeguards the office has to ensure
clients are paying child support on live children and
directed calls to the complaint division at the
Stanislaus office.
In 1993, California opened a case on Ashley, and
Texas was enlisted to collect the money from
Davenport, who is now working as a mechanic in Wichita
Falls. He said he did get behind a few times on the
support payments and owed arrears.
He said he had been called to court numerous times,
after 1995, and his bank account was even frozen in
2004 by the Texas Attorney General's office to pay
arrears - nine years after Ashley's death.
He said he spoke with the Stanislaus office
Tuesday, and they offered to send him a check for
$2,000. But Davenport said he will not accept the
money until they answer his questions, namely, how
could both Texas and California lose a child for 11
years.
"I've got a bunch of questions they still have not
answered," Davenport said. "The money is not the
deal. I just want somebody to take responsibility for
this."
He said he was considering obtaining legal counsel
to deal with the agencies and get the story straight.
"They knew how to find me to take me to court, but
they couldn't find me to tell me my little girl was
dead."
Davenport and Ashley's mother had separated shortly
after Ashley was born in 1988, and Davenport hadn't
seen Ashley since she was 6 weeks old.
"We didn't get along," Davenport said of his former
girlfriend. I was young and crazy, and one day I left
to go to work and when I came home, she and Ashley
were gone," Davenport said.
Davenport said he did a three-month stint in jail
in California in 1988, and, by the time he got out, he
had lost track of both Ashley and her mother. He said
he decided to come back to Wichita Falls, his home, in
1990.
"I've tried to contact her all these years, and I
haven't been able to find them," Davenport said.
Davenport has had a checkered past with the law,
according to the Web site PublicData.com. He admitted
his criminal history.
"My past is my past. This isn't about me. This is
about the state of Texas and the state of California
losing my daughter for 11 years," Davenport said.
He said he was looking forward to this fall, when
Ashley would have turned 18, so that he might be able
to establish a relationship with her. Now, Davenport
must deal with Ashley's death.
"Nobody should have to go through this, to send
payments every week on current child support only to
find out their daughter died all these years ago,"
Davenport said. "I don't know how to even express how
I feel about this."
He just found out two weeks ago where his daughter
is buried.
But Davenport is not ready to mourn.
He is preparing letters to send to every Attorney
General's office in the United States. He said he's
written letters to Gov. Rick Perry and Gov. Arnold
Schwarzenegger and has contacted Sen. Craig Estes'
office.
"I'm too upset to mourn right now. I am very mad.
It sounds like to me, the system is the deadbeat,"
Davenport said.
Fetus Damned
June 15, 2006
Removal of babies from their mothers at birth sounds
like a science-fiction horror story. In this real-life
case Anne Marsden reports on an unnamed mother-to-be who
anticipates that her baby will be seized at birth. We
have encountered two other mothers, neither close to
being dysfunctional, who gave birth to three babies at
home to avoid baby seizure in the delivery room.
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The Auditors
The Canadian Family Watchdog
#308 – 1425 Ghent Avenue, Burlington, Ontario, L7S
1X5
Tel. 905-639-5684 E-mail: watching@cogeco.ca
BEST INTERESTS
By Anne Marsden
Expecting a baby is supposed to be a time of
anticipated joy and usually is for most mothers and
fathers- to-be.. However, for a mom-to-be in
Brantford the anticipated joy has been put on the back
burner because she is afraid that the joy that comes
after the inevitable pain of giving birth will, in her
case, be very quickly replaced by the pain of grief as
she watches her baby whisked away to give another the
joy she cannot allow herself to anticipate. She is
allowing herself to anticipate the privilege of
spending just one hour with her baby, scheduled to be
delivered at the Brantford General, but nothing more.
I can well understand the questions from readers that
will follow reading the first three sentences of this
publication given the mandate of the Childrens Aid
Society of Brant is to ensure the best interests of
children and many believe there is no smoke without
fire when it comes to involvement of child protection
agencies. However, there is an issue that should
concern us all associated with the concerns (to put it
mildly) presently facing mom-to-be at a time when
contemplating this type of scenario with its
associated fear and anxiety is not in the best
interests of her health or that of her baby.
We are hearing a lot about security certificates
lately and how they allow for the subject of such a
certificate not to be informed of the case against
them. This Brantford mom-to-be, believes, and we
would agree, that according to rule of law she is
entitled to know the case that Childrens Aid Society
of Brant has against her that would precipitate plans
for her child’s apprehension she understands to be
in place. There has been much effort on her part to
determine the case against her and, plenty of time for
papers to be served and a child protection hearing to
be held before a judge, the only person according to
our legislation who can make the decision that this
newborn is a “child in need of protection” and
order the legislated means to protect the child’s
best interests to be put in place.
CAS of Brant Executive Director, Andrew Koster
refuses to respond to any requests from mom-to-be for
due process regarding any concerns CAS of Brant may
have so she can do her best to ensure no such concerns
are valid. The Criminal Code of Canada depicts those
who take a child under 14 years of age from the
supervision of a parent without lawful cause as
abductors. Brantford police and its Police Services
Board recently refused to deal with the consequences
of what the evidence, including an affidavit of the
CAS of Brantford, shows is police involvement in the
taking of a three year old Brantford child (the
circumstances are set out in our retrospective audit
report Shining a Light) out of the court ordered
custody of her mother without lawful cause. Deputy
Chief of Police Jeff Kellner was very much involved in
the retrospective audit and the lack of consequences
and has been kept up to date on this new concern. It
will be interesting to see whose “best interests”
are considered as he and Brantford Police in general
carry out their duties after mom gives birth. A
June 14, 2006 Auditors Publication.
New Rally Leadership
June 15, 2006
The rally for Queens Park in Toronto on June 20,
11:00am to 12:30pm, has new leadership. The original
rally organizer will be unable to attend. John Dunn is
assuming some of the leadership functions, along with
another person who prefers to remain nameless.
One of the rally objectives is to support Andrea
Horwath's bill 88, providing for the Ontario Ombudsman
to look into complaints against children's aid
societies.
The last rally was unsuccessful owing the the small
turnout. Dufferin VOCA has enough readers (even apart
from cops and social workers) that if all readers attend
with a friend or a child, it will have an impact. Bring
as many people as you can.
Creative Baby-Stealing
June 14, 2006
The following article, told with an anti-mother bias,
gives a creative method of baby-stealing. When Jennifer
Liehne gave, birth, social services pulled out the
record of a long-ago crib-death, reclassified it as the
now-discredited Munchausen Syndrome by Proxy, sentenced
her to jail and took her baby. The mother found it
impossible to find exculpatory witnesses to events over
twenty years ago.
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Glasgow Daily Record
TRULY WICKED MUM
May 12 2006
'High risk' killer mum is caged for 10 years
By Arnot Mcwhinnie
A MOTHER who killed her baby daughter nearly a
quarter of a century ago was branded "truly wicked"
yesterday as she was jailed for 10 years.
A court heard Jennifer Liehne was a continuing
danger to children and young people physically,
emotionally and psychologically.
Liehne, whom the court heard had smothered her
daughter Jacqueline repeatedly over two months before
she died, broke down in tears as sentence was passed.
Because of the danger she poses, the judge, Lord
Hardie, told Liehne that she would be strictly
monitored for a further five years on her release.
He told her: "Your actions can only be described
as truly wicked and it is impossible for any decent
human being to comprehend your persistent abuse of
your baby."
The High Court in Glasgow heard Liehne, 42, was not
suffering from any mental illness, although medical
tests suggested it was possible she might have the
personality disorder Munchausen's syndrome by proxy.
The condition makes sufferers seek attention and
sympathy by inducing illness in someone close to them,
usually a child, so that they require medical care.
Nurse Beverly Allitt, who killed four children and
was jailed for life in 1993, is also believed to
suffer from the untreatable condition.
The judge told Liehne: "You were responsible for
your actions and you will have the death of your baby
on your conscience for the rest of your life, whatever
penalty I impose.
"You are a danger to children and young people and
pose a high risk of harm to the public."
And he said Liehne had to be deprived of access to
children in the future.
He added it was probable if she had further
children they would be taken away from her.
He said: "On her release it may be that people she
lives beside might be unaware of her history and might
invite her to babysit."
And passing the five-year monitoring order, he
said: "The issue of the protection of children and
young people from you is too important to leave to any
uncertainty."
Liehne was found guilty last month of the culpable
homicide of her daughter Jacqueline, who died in
December 1982 aged seven months.
She had originally been charged with murder.
The court heard yesterday she was still claiming
she didn't harm her child.
It was originally thought Jacqueline was the victim
of a cot death but the case was reopened when social
workers discovered Liehne was pregnant again in 2001.
She went on to have a baby girl who is now in care.
After re-examining the case, medical experts
concluded foul play was involved.
Lord Hardie said: "There is no greater bond than
that of a mother and child. Throughout the seven
months of her short life Jacqueline depended on you
and trusted you to care for her.
"For some reason you chose to abuse that trust and
that abuse manifested itself in criminal activity
during the last two months before her death."
As she was led away, Liehne of Craigmillar Court,
Peffermill Road, Edinburgh, burst into tears and had
to grab railings to stop herself from falling.
'Your actions can only be described as truly wicked
and it is impossible for any decent human being to
comprehend your persistent abuse of your baby' LORD
HARDIE.
Who's the Kidnapper?
June 12, 2006
A mother has been arrested and charged with a crime
for caring for her own children. Police pretend to be
astonished that the children were unharmed. Here are
two news articles on the case.
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The Fountain Pen, Guelph Ontario
Children found safely
Web posted on June 12, 2006
Deborah Farrell and her two children (Cody, 6, and
Nicole, 2) were located at the Valens Conservation
area by Hamilton Police on June 11, 2006. The two
children were safe and unharmed and have been turned
over to Family and Children Services.
Deborah Farrell, 45, of Guelph and Suzanne Craig,
45, of Allenford have been charged with Assault Level
I in relation to an assault on a Family and Children
Services caregiver on Saturday June 10th 2006 in the
Zellers parking lot at 175 Stone Road West in Guelph.
Farrell will be in court on June 12, 2006 charged
with Assault Level 1 and Breach Probation, while Craig
will be in court in July charged with Assault Level 1.
The investigation is continuing. Anyone with
information regarding this incident is asked to
contact Constable Manfred Hoyer of the Guelph Police
Service at 519-824-1212 ext.345 or CrimeStoppers at
1-800-222-TIPS.
Guelph Mercury
Children located 'safe and sound'
Police allege mother, accomplice seized her kids
from foster parent
GREG MERCER
GUELPH (Jun 12, 2006)
A Guelph mother who eluded police over the weekend
after allegedly taking her two young children from a
foster mother was arrested late last night in
Hamilton.
Her two children, aged two and six, were taken into
custody and were to be transported back to Guelph
after midnight, Guelph Police said.
On Friday, the boy and girl had been taken away
from their mother by children's aid workers. They
will be returned to the custody of the Ministry of
Community and Social Services.
Guelph Police say on Saturday, their 45-year-old
mother somehow found and confronted a foster mother in
the middle of a busy Zellers parking lot and with the
help of an accomplice reclaimed her two children.
They made off in a green older North American model
station wagon that police across Ontario spent the
next 30-plus hours trying to locate.
Police said throughout the weekend they were
concerned for the safety and well-being of the
children, who were found unharmed with their mother by
Hamilton police last night.
Earlier in the day, police had requested the
public's help in finding her.
"They're safe and sound," Guelph Police Sergeant
Derek McNeilly reported last night, after a media
alert was issued.
Police said charges are pending against the woman,
who isn't being named to protect the identity of her
children.
A woman described as an accomplice, who turned
herself over to police earlier yesterday, will also be
charged, police said.
The children's grandmother, who also lives in
Guelph, said she isn't surprised her daughter would
have run off with the two children.
Her daughter lost "a good guy" in her life when he
died in a car accident, she said. He was the father
of the young girl.
Now her children are all the woman has, the
grandmother said.
"Her kids are her life. If they're trying to take
her kids away, I could see her doing something
drastic," she said.
"She'll try anything to keep them, I'm sure.
She'll live and die for her kids."
The incident made for a few tense days for the
grandmother.
She said she reached her daughter by cellphone
yesterday afternoon and spoke with her grandson. Her
daughter doesn't own a car and she doesn't know where
she got the vehicle.
"She told me they were camping in Collingwood. I
said 'You know the police are looking for you?'" she
said. "I didn't get an answer."
Before that, the last time she spoke with her
daughter was June 10 at a birthday party for her
grandson.
Constable Manfred Hoyer, the officer leading the
investigation, said it was not likely a coincidence
the woman ran into the foster mother with her two
children on the lot of the Zellers store on Stone
Road.
The grandmother said she had no idea why children's
aid workers would take the children away from her
daughter.
"If it wasn't for bad luck, she would have none at
all," she said of her daughter.
gmercer@guelphmercury.com
Addendum: What is the difference
between a mother and an axe murder? None, according to this
editorial in the Guelph (Ontario) Mercury.
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Questioning alert criteria
(Jun 16, 2006)
When two Guelph children were snatched from a foster
care provider last weekend, the incident set off a
30-hour search by police across Ontario until the
children were found safe and sound by
Hamilton-Wentworth Regional Police at the Valens
Conservation Area Sunday night. Even though the
children, a six-year-old boy and two-year-old girl,
were found safe and healthy, questions remain about the
way the case was handled, including why an Amber Alert
was not issued by police, especially when the children
were missing for well over a day.
When family members spoke out against an Amber Alert
issued in April after a sick man took his two children
-- of whom he had custody -- to northern Ontario
following a fight with his estranged wife, we supported
the police decision to issue an Amber Alert to
encourage the public to phone police with any
information. Authorities, we argued, should always err
on the side of caution when it comes to child safety.
It is hard to understand then why police would not
issue such an alert in this most recent case. A woman
-- whose children had been taken from her by children's
aid -- allegedly confronted a foster mother in a
crowded parking lot and, with an accomplice, made off
with her children. It is hard to see what
differentiates these cases and caused police to issue
an Amber Alert in one and not the other.
There are very specific criteria for when an alert
is to be issued in Ontario, including the age of the
child, whether officers believe the child is in danger
of serious bodily harm or death and whether there is
enough descriptive information to believe the alert
will help to find the child.
Police may have well weighed these criteria and felt
an alert was not warranted last weekend, but the
decision raises the question of whether the same
protocol is being followed in every case.
Sentence in Jeffrey Baldwin Case
June 10, 2006
The killers of Jeffrey Baldwin (or scapegoats) have
been sentenced. Here are two articles and
commentary.
Georgia Child Protection
June 10, 2006
A Georgia newspaper has reported in depth on
maltreatment of children by the child protectors in Rabun
County Georgia. Child protection in Georgia seems
to be no different from Canada, but the press there is
more diligent.
Alabama Rejects Gay Marriage
June 10, 2006
On June 6 voters in Alabama approved a constitutional
amemdment banning same-sex marriage. The vote was 81%
in favor of the ban.
Birth Records Falsified
June 7, 2006
The following article promoting the rights of Lesbian
parents, overlooks the fact that children are being
denied the right to know who their parents are. In the
future, it will do people little good to look at their
birth certificate for knowledge of their parents,
because the certificates will be falsified from the
start. Forty years from now, how will the grown child
fare when he discloses to his colleagues that he has two
legal mothers, no dad?
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The Globe and Mail
POSTED ON 07/06/06
Two mothers should be allowed on birth
document, judge says
Found in breach of Charter, Ontario told to alter
rules to include lesbian parents
KIRK MAKIN
JUSTICE REPORTER
An Ontario judge struck down a birth registry
provision yesterday that prevents lesbian couples from
being registered as parents of babies conceived
through artificial insemination, saying that the
regulation causes them unjustified "pain and
hardship."
Mr. Justice Paul Rivard of the Ontario Superior
Court ruled that the province violated the litigants'
right to equality by stopping them from adding their
names to the Statement of Live Births after their
babies are born.
Lesbian mothers live in an atmosphere of homophobia
that only is exacerbated when rules and conventions
leave an impression that "there is something wrong or
unnatural about their families,'' Judge Rivard
said.
"Likewise, for children of lesbian mothers -- who
are even more vulnerable than their parents to the
lack of symbols of their families in popular culture
-- exclusion of their parents from birth registration
furthers this vulnerability."
Lawyers Martha McCarthy and Joanna Radbord, who
represented the applicants, said yesterday that the
case held enormous symbolic value for the gay and
lesbian community.
"Although the case addresses one of the very last
issues of discrimination against gays and lesbians in
Ontario law, it is also probably the most important of
all to lesbian mothers," Ms. McCarthy said in an
interview.
"Indeed, I venture to say that our applicant
couples would have traded all of their employment
benefits, spousal support rights -- even marriage
rights -- in exchange for the basic recognition that
they are parents to their children. It is, in many
ways, like we left the most important issue to the
last."
The legal clash stemmed from the fact that the
province's Vital Statistics Act specifies the terms
"father" and "mother" when it comes to filling out a
Statement of Live Birth.
The government insisted that the "father" has to be
a biological father, and that it would be illegal to
include both members of a lesbian couple on a
Statement of Live Birth, since that would be
tantamount to including two mothers.
About 4,500 non-biological parents are listed in
Ontario each year. Judge Rivard noted in his judgment
that non-biological fathers are not impeded when they
attempt to register their names, yet efforts are
routinely made to "target lesbian co-mothers."
Evidently moved by many of the litigants' accounts
of suffering discrimination and being made to feel
that their relationships and families could not
measure up to those of heterosexual families, Judge
Rivard said this amounted to unacceptably unequal
treatment.
He noted that in the case of one couple, the birth
mother was diagnosed with breast cancer shortly after
having her child.
The couple feared that if the mother were to die
before they could get a proper declaration of
parentage, the child "would be left without any
certainty as to parentage."
Judge Rivard suspended the effect of his ruling for
one year to allow the province time to legislate a
solution to the Charter breach.
Death concealed
June 6, 2006
Alberta conceals a death with confidentiality
laws.
Just the meager information in the article, shows
that the police are misleading the mother, and the
public: SIDS is the death of a child under one year old.
We are a lot less likely to find the true cause of death
as long as the press conceals the names of the persons
involved.
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Edmonton Sun
June 5, 2006
Toddler dies in foster care
Girl found dead in crib
By ELIZA BARLOW, Staff Writer
Instead of celebrating her youngest daughter’s
second birthday Tuesday, a Hobbema mother will be
laying flowers on the toddler’s grave.
On May 28, the 26-year-old mother was at home
waiting for a visit from her four children – ages
nine, five, three and one – who were placed in
foster care in December.
But the children never arrived. In their place
came a group of RCMP officers and social workers who
told her that her baby was dead.
Now, the mother says she wants answers on how her
child died in the Innisfail foster home.
“I don’t know what happened,” said the mother
Monday. “She was happy and healthy and she was just
starting to talk. She was just innocent and sweet.”
Sgt. Lyle Marianchuk of the Innisfail RCMP
confirmed police responded to an Innisfail home at
about 8:30 a.m. on May 28 for a report that a
two-year-old girl had been found dead in her crib.
“An autopsy was conducted which led to the
conclusion that no foul play was involved in the
child’s death,” he said.
However, Marianchuk said police will not close
their investigation until they receive the results of
toxicology tests on the child, which normally take six
to eight weeks.
Marianchuk said it appears the little girl may have
died from Sudden Infant Death Syndrome (SIDS)-related
causes.
The mother freely provided her name and the name of
her late child to the Sun. However, provincial law
prohibits the Sun from publishing any information that
would identify children in foster care.
The mother said her children were taken from her
due to her alcohol problems. But she questions why
the children had to be sent to Innisfail rather than
be placed with their grandmother, her mother.
“They didn’t even take my kids to family. They
just shipped them out there.”
Mel H. Buffalo, spokesman for the Indian
Association of Alberta, said he’s troubled by the
death of the little girl, buried by her family June 1.
“They take our kids away, send them to non-native
families and then send them back in coffins,” he
said.
Alberta Children’s Services spokesman Mary Lou
Reeleder refused to comment on any aspect of the case,
citing confidentiality laws. She said a “case
review” is conducted whenever a child dies or is
seriously injured in foster care.
Easter Grinch Arrested
June 2, 2006
Here are two more stories of theft within York Region
CAS, from Canada Court Watch. Canada Court Watch
amended its story later to include the name of the
Grinch, Donna Lennon.
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York Region Children's Aid Society
supervisor BUSTED and arrested for stealing from a
child in care!
(June 2, 2006) Just to keep readers updated, in
follow-up to an earlier Court Watch exclusive, a York
Region CAS supervisor, Donna Lennon, was arrested by
York Regional Police today for stealing from a child
in the care of the York Region CAS. This CAS worker
who was labelled as the Easter Grinch (see earlier post) has been nabbed
officially after reports that York CAS was not
cooperative in helping police to nab the
chocolate-loving Easter Grinch culprit.
Readers should stay tuned for other developments.
Those in the area may be interested in attending court
when the York Region CAS worker appears in court which
is likely to be sometime next week. Court Watch also
has information to support other charges against the
York Region CAS and these are being investigated as
well.
More thieving of children's money by a
worker with the York Region CAS
(June 2, 2006) Just after Court Watch reported the
story of the Easter Grinch, more
news has been passed to Court Watch about the York
Region CAS. This time it is a story about more
children's money being stolen. The parent who
contacted Court Watch says that she has documentation
to show that a worker with the York Region CAS took
almost $1500 from her which was supposed to be for
expenses for her child but it appears that the worker
did not deposit the money with the CAS. According to
the parent, MPP David Peterson has tried to get
through to the York Region CAS to straighten out this
mess for this parent but that the CAS will not answer
questions from the MPP or even return Mr. Peterson's
calls. Seems like the agency has something to hide.
Court Watch will be gathering documents and publishing
a full story and assisting the parent to see that
charges are laid by police.
Addendum: Here is the same story from the York
Region Era-Banner, giving the name of the family, but
not the Grinch:
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CAS worker charged after cash
stolen
Martin Derbyshire, Staff Writer
06/03/06 00:00:00
A York Region Children's Aid Society case worker
has been charged with theft after a former Queensville
resident claimed an Easter gift for her son was
missing.
Alexandra Stuart assembled an Easter basket with
chocolates, candies, a new bank card and a card
containing the PIN number for her 12-year-old son's
first bank account. The boy, who has severe emotional
and psychological problems, has been in a group home
for three years.
Just days before Easter, Ms Stuart took the basket
to a CAS office and left it for a case worker to
deliver to the boy.
"I went in to the bank for an update ... and I
could see the money had been withdrawn on Good
Friday," the mother said.
"Now why would my son be in the bank withdrawing
the money on Good Friday? It just didn't make sense."
When she asked her son why he had withdrawn the
cash, he told her he never received the gift. "He was
just crying. He was inconsolable," she said.
When Ms Stuart first confronted the case worker
about the missing gift, Ms Stuart said the woman
accused her of taking $40 from the account.
"I called the police right away and filed a
report," she said.
Police charged the case worker with theft and
possession of stolen property under $5,000 Thursday.
York Region society executive director Martin
McNasaid "immediate and swift" action was taken, but
would not elaborate.
However, Ms Stuart claims she was told the woman, a
society case worker for 22 years, had been fired.
She also said York Region CAS has returned the $40
to her, but other than that, the organization has been
less than co-operative.
"That's why I am really upset. CAS has been so
unco-operative," she said. "They claim it is an
internal matter and confidentiality and liability
issues come into play."
Addendum: EkaterinaEthier has a letter on the letterhead of the
York Region Children's Aid Society dated February 20, 2006, signed by
Anthony W Snider, Senior Counsel, stating:
We have been advised by our Area Office of the
Ministry of Children and Youth Services that you have
recently written to the Minister and a number of
Ministry officials, expressing concern that when you
reviewed a package of disclosure material that had
been provided to you, relating to your own file with
this agency, you discovered that you had received an
e-mail that was not part of your file, but related to
another family. Apparently, the memo found its way
into the disclosure you received by some inadvertence
or accident at our end.
(material omitted)
While the e-mail in question does reference a
person's surname, the surname is a common one, and the
information in the e-mail does not, in and of itself,
identify who the children or family in question is.
This is fortunate, as it means that, without some
context or other knowledge of the family in question,
it would not be possible for someone who has no
knowledge of the specific family to read the e-mail
and determine the identity of the family in
question.
(material omitted)
Mr Snider's letter clearly states that disclosure of
the email by itself is not in violation of the
disclosure prohibition in the Child and Family Services
Act, and since it is now evidence in a criminal case, we
reproduce it below. For those not familiar with social
worker procedures, it is an example of the technique of
disrupting visitation, then blaming the family for not
attending. The other circumstances in this case show
that the mother was trying to care for her child as well
as possible.
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Margaret Osmons/YCAS
03/08/2005 05:57PM
| To | | Martin McNamara/YCAS@YCAS
|
|---|
| cc | Sue Clarke/YCAS@YCAS
|
|---|
| bcc
|
|---|
| Subject | Stuart Response
|
|---|
Hi Marty
Attached is a draft response as discussed.
In terms of the facts of the matter, briefly they
are as follows:
1) The court order states that mother may initiate
telephone access on reasonable notice, and not more
than twice monthly; physical access is quarterly,
again with mother to request. The children's wishes
are to be considered in arranging access.
Mother has cancelled agreed on telephone access, or
has not sought to arrange them. Many times,
especially of late, the children have refused
telephone access because of mother's cancellation of
phone and physical access. Matters have been
increasingly problematic as a result of the "no
shows"; one of the children in particular has entered
into crisis and requires frequent physical restraints
as a result. The Society is contemplating making
adjustments to the access scenario in order to better
support the children.
2) Ms. Stuart was provided with a schedule of
quarterly access in writing on January 25, 2005.
Mother had a court hearing pertaining to the civil
suit involving the Society on February 25, but did not
advise us that this was the case. She did, however,
advise counsel to the parties in the suit that she
could not attend at court due to a visit. Counsel was
concerned as she has regularly prevented the matter
from being resolved by non attendance, and contacted
Tony. On February 24th we advised Ms. Stuart not to
attend the visit but to attend court instead. A make
up visit was arranged.
As her court dates pertain to a civil matter and
not a child welfare matter, we have no notice of court
dates. Ms. Stuart wuld have to advise us of any
conflicts, and we would work with her to
accommodate.
Thanks,
Marg
March 8 letter re Alexandra Stuart.doc
Margaret Osmond, MSW
Director, Residential Services
York Region CAS
905-895-2318 Ext. 2261
Addendum: Canada Court Watch has spoken to the
mother at length, and issued a full report on the theft by Donna Lennon, dated June
5, 2006.
More on Membership Denial
June 2, 2006
The following letter shows the latest frustration in
John Dunn's effort to get a membership in the Children's
Aid Society of Ottawa.
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503-1218 Meadowlands Drive East ●
Ottawa, ON ● K2E 6K1 ● 613-228-2178
Friday, June 02, 2006
Pierre Viger – Director, Professional
Standards
Children’s Aid Society of Ottawa
1602 Telesat Court, Gloucester, Ontario, K1B 1B1
RE: Letter Regarding Conduct of John Dunn with
Pierre Viger
Dear Pierre Viger,
I have applied for a membership with the
Children’s Aid Society of Ottawa and at this time my
membership application has been denied by the Board of
Directors or a sub-committee thereof without an
explanation of the reason(s) for their decision. I am
currently attempting to have a meeting with the Board
of Directors or a sub-committee thereof for the
purpose of clarifying with them the reason(s) for
their decision and to see how I can work to meet the
eligibility requirements for membership with the
Society.
Having said that, I would like to request from you
a letter which either confirms or denies -- with
detailed explanations of your responses and/or
observations -- my conduct with you during the events
as laid out in the paragraphs below. I will use this
letter during a meeting with the Board of Directors in
my attempt to have a fair hearing for the purpose of
clarifying to the Board that I have not in fact acted
in a vexatious or malicious manner toward you.
Client Support Person – Complaint Review
Meeting
During a complaint review meeting between yourself,
Marion Roberts and a Children’s Aid Society client
(Client Name Was Here in Original Letter) at the
Society’s office, you will recall that I was there
in the capacity of a “Client Support” person.
When you entered the room, I stood up, shook your
hand, and greeted you politely, and did the same with
Marion Roberts. As the meeting progressed, at one
point I offered a suggestion to the client, and was
quickly quieted by Marion Roberts who told me that my
role as a support person was to be in attendance, but
not to talk openly during the meeting, and that if I
wanted to talk I had to ask that the staff leave the
room and that I could then proceed to communicate with
the CAS client of which I was there to support. After
doing so, I could then ask the staff to return and
reconvene the meeting. Upon being informed of this
protocol I agreed to remain silent and sat quietly
during the meeting. When the meeting was over, I left
without incident what so ever.
Complainant – College of Social Workers and
Social Service Workers
As you will recall, I also launched a complaint
naming you as the defendant with the College of Social
Workers and Social Service Workers regarding the fact
that you did not send me a copy of the Society’s
complaint procedure after I had made three requests
from you for a copy of it, which was in violation of
the Child and Family Services Act, 1990, c. C-11, ss.
68(1) prior to the proclamation of Statues of Ontario,
2006, c. 5, ss. 26. During the investigation of
this complaint, I was courteous, fair and professional
with you as evidenced in the complaint materials and
correspondence, and even offered positive words in the
written complaint regarding the professional and
courteous manner in which you conducted yourself
towards me while we were in the room together during
our initial meeting mentioned above. Once the
investigation was completed and the College deemed it
to be outside of their jurisdiction, I did not harass
or bother you any further regarding this or any other
matter.
Sincerely,
/signed/
John Dunn
Executive Director
The Foster Care council of Canada
Pathologist Avoids Responsibility
June 1, 2006
Dr Charles Smith has been responsible for the
prosecution of several persons for death of children
with testimony that is now under suspicion. Here is our summary of
the cases. A court has just excused him from civil
liability for his testimony. A legal doctrine intended
to encourage witnesses to testify truthfully is now
being used to protect a witness from the consequences of
untruthfulness.
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The Toronto Star
Mother not allowed to sue doctor
Wrongly charged in killing daughter based on
initial autopsy results
Pathologist Charles Smith protected by witness
immunity rule, court says
Jun. 1, 2006. 05:37 AM
HAROLD LEVY
STAFF REPORTER
Former Hospital for Sick Children pathologist Dr.
Charles Smith cannot be sued by a woman once charged
with murdering her daughter because of a centuries-old
legal rule protecting witnesses from lawsuits, a court
has ruled.
The decision blocks Louise Reynolds from pursuing
the $7 million lawsuit she brought against Smith,
after a second autopsy revealed that Sharon, 7, died
after being attacked by a pit bull in the basement of
her family home in Kingston.
Smith, who once headed the hospital's prestigious
pediatric forensic pathology department, Ontario's
largest facility for conducting autopsies on children,
had concluded following the initial autopsy that
Sharon's death was the result of more than 80 stab
wounds made by a knife or scissors.
Reynolds spent two years in pre-trial custody, plus
time in a halfway house, and was forced to put another
daughter up for adoption before prosecutors withdrew
the charge on Jan. 25, 2001.
Legal experts are concerned that the decision by
Ontario's Divisional Court — described by a
dissenting judge as the first of its kind in Canadian
jurisprudence — could shield pathologists, such as
Smith, from being made accountable for their actions
in the courts.
Smith's work on 44 cases involving suspicious
deaths of children — including the Reynolds case —
is currently under review by a panel of independent
experts as part of a probe ordered by Ontario Chief
Coroner Dr. Barry McLellan to protect the integrity
of the coroner's office.
Reynolds alleges in a statement of claim that Smith
displayed "a reckless disregard for the truth" and was
motivated by "improper purposes," such as "assisting
the police in securing (Reynolds') conviction,
self-aggrandizement, and to avoid professional
embarrassment in having to reverse his prior report."
A statement of claim contains allegations that have
not been proved in court and Smith denies the
allegations in his statement of defence.
Justices John O'Driscoll and John Jennings accepted
Smith's argument that he could not be sued because of
the witness-immunity rule, which was developed by
judges over the centuries to encourage witnesses to
testify freely without fear of lawsuits.
O'Driscoll said in his 16-page ruling that,
although the witness-immunity rule does not exist to
protect wrongdoers, "it will sometimes do so," and
that "for the immunity to be effective, witnesses must
be protected from all lawsuits, not only unmeritorious
ones."
"This protection of witnesses from the risk of suit
is seen as more important than righting a wrong in a
particular case," he said.
However, in a dissenting opinion, Justice Janet
Wilson found that Smith was not protected by the rule
because the lawsuit was directed at the initial
investigation of the death that he carried out for the
coroner's office and not at his ultimate testimony in
court.
"Counsel for Dr. Smith argue that a pathologist
appointed by the coroner to conduct an autopsy is not
conducting an investigation, but is rather conducting
an examination in the course of preparing evidence for
a possible prosecution," she said. "I do not
agree."
Wilson noted that "there is no Canadian
jurisprudence considering the scope of witness
immunity in circumstances sufficiently similar to this
case."
Professor Alan Young, who teaches law at Osgoode
Hall Law School and the University of Toronto, said in
an interview that witness immunity should be reviewed
because "our legal system puts a premium on
accountability and there was very little concern over
accountability when the witness-immunity rule was
developed centuries ago."
Toronto lawyer Cindy Wasser, a director of the
Association in Defence of the Wrongly Convicted, said
yesterday she hopes Reynolds' case can ultimately
proceed to trial.
"Louise Reynolds deserves to have a jury of her
peers decide whether Dr. Smith has committed the
torts of bad faith and misfeasance," Wasser said in an
interview. "And the public has the right to know
whether Reynolds' allegations against Smith have been
proven."
The Divisional Court decision was a setback for
Brenda Waudby of Peterborough and other individuals
whose lawsuits against Smith have been put on hold
pending final resolution of the witness-immunity
issue.
"All we ask for is the opportunity to present our
claims against Dr. Smith in a court of law in which
he would have a full opportunity to defend his
actions," Waudby said in an interview. "That
shouldn't be too much too ask."
Waudby had been accused of the 1997 murder of her
baby but the charge was withdrawn after six experts
disagreed with Smith's conclusions about Waudby's
daughter's death.
Reynolds' lawyer, Peter Wardle, said in an
interview that she "is in this for the long haul and
she will appeal."
Niels Ortved, who represents Smith, declined
comment.
The lawsuit can continue against other defendants,
including the Kingston Police Services Board.
More on Chambers
June 1, 2006
On May 16, a debate in the Ontario Legislature dealt
with the subject of oversight over Children' Aid. The
next day Ontario's Ombudsman André Marin sent a
letter to Andrea Horwath giving his position on the
matter. A copy was sent to Mary Anne Chambers, Minister
of Children and Youth Services. We have a photocopy of the letter (MS word
format) and a legible html copy below. The timestamp on
the photocopy is 05/17/2006 11:51.
Later that day, between 1440 and 1450 according to
time stamps in the Hansard, Mrs Chambers spoke again in
the legislature. In two responses to questions from Howard Hampton, she
denied knowledge of the letter from André Marin,
though the question shows clearly that the letter had
been distributed earlier. It is hard to find anything
truthful in her second response:
Hon. Mrs. Chambers: The Ombudsman has
independent oversight jurisdiction over the Child and
Family Services Review Board, and I am sure that the
Ombudsman of this province -- and I know of his
commitment, which we share, to kids -- I know that the
Ombudsman would not be writing to the leader of the
third party if he is in fact trying to impact
policy-making by this government. I have a very
constructive, very positive working relationship with
the Ombudsman. I am sure that if the Ombudsman has
had any difficulty with what I am doing, I will hear
from him directly.
Here is the letter from the Ombudsman:
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André Marin
OMBUDSMAN
May 17, 2006
Ms Andrea Horwath
M.P.P.for Hamilton East
Room 159, Main Legislative Building
Queen's Park
Toronto, Ontario
M7A 1A5
Dear Ms Horwath:
RE: Bill 210, the Child and
Family Services Statute Law Amendment Act,
2006
Upon review of Hansard yesterday, I noted
references to my jurisdiction over the Child and
Family Services Review Board under Bill 210, the
Child and Family Services Statute Law Amendment
Act, 2006. As you know, I have maintained that
the ability to bring complaints about children's aid
societies to the Board is not a substitute for
independent investigative oversight of children's aid
societies. The Board is an administrative tribunal.
Its jurisdiction is limited to considering allegations
against children's aid societies in the circumstances
set out in the Act, and as eventually prescribed by
regulation. This creates an adversarial and
imbalanced process in which the resources of
children's aid societies are pitted against those of
individuals. There is no independent fact-finding
done by the Board.
At present, only a few types of allegations trigger
a mandatory obligation on the Board to hold a hearing.
In many cases, the Board will have the discretion to
determine whether to hear a matter.
Bill 210 does not introduce meaningful oversight of
children's aid societies. While the Ombudsman has
jurisdiction over the Board, our review would be
limited to considering whether the Board acted in
accordance with administrative fairness principles
during its procedures and in issuing its reasons. An
ombudsman investigation is not an appeal of the
Board's decision, and would not involve an
investigation of the underlying complaints about
children's aid societies. These would continue to
remain immune from independent investigative
oversight.
Yours truly,
/signed/
André Marin Ombudsman
cc:
Minister Mary Anne Chambers, MPP Howard Hampton, Premier Dalton
McGuinty, MPP Julia Munro, MPP John Tory
We thank a Dufferin VOCA reader whose persistence got
the facts from Ontario's NDP.
Assistance Denied
June 1, 2006
In the huge workload of cases taking children from
parents without cause, it is easy to overlook the
occasional case of a child who genuinely needs help. In
this case in New York City, that failure resulted in a
tragedy.
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New York Daily News -
http://www.nydailynews.com
Help vow too late to save bus girl
BY NANCIE L. KATZ
DAILY NEWS STAFF WRITER
Sunday, May 28th, 2006
Albert James says letter from city agency pledging
help for his son arrived the day Amber Sadiq died.
Amber Sadiq
The father of the boy whose school bus prank killed
8-year-old Amber Sadiq says he finally got a letter
promising desperately needed help for his troubled son
— on the day of the tragedy.
In an exclusive interview, Brooklyn dad Albert
James said he had been trying for 16 months to get
after-school day care help for his 8-year-old son, who
has serious behavioral problems.
"If I would have gotten these vouchers before,
maybe this would have prevented the accident from
happening," said James, 25.
The dad also charged that the boy was improperly
booted from school and that officials ignored his
pleas just hours before the accident to let the child
return — a contention a source familiar with the
situation denied.
James spoke to the Daily News days after his son
sneaked onto an empty school bus and released the
emergency brake — sending the vehicle hurtling into
his schoolmate as she walked home from Public School
161 in Crown Heights, Brooklyn, last Monday.
On Friday, city officials, in keeping with the
wishes of Amber's forgiving family, declined to charge
the boy.
James describes his son as shocked, sorry and
uncomprehending of "what he has done."
"I just want my son to get the proper help and
hopefully put this all behind me," he said. "I'm very
sorry for the loss of Amber. Words can't express how
I feel. ... It broke me down in tears."
The father of three said he got the long-awaited
letter from the Administration for Children's Services
approving him for "daycare services for the children
so they remain safe" on the day Amber died.
In a statement, ACS acknowledged working with the
father since January last year, providing parenting,
medical and other aid, and said it was evaluating its
services.
The single father said he's worked nine hours a day
to support his sons since their mother, Sophia
Morales, left last year for Florida. His 7-year-old
lives with him, and his 5-year-old is staying with
family in Trinidad.
On Friday, James and Morales agreed to put their
8-year-old son in a therapeutic foster home.
Lacking money for child care, James said, he had to
depend on the boy's ailing great-grandmother to care
for his active, uncontrollable boy during the day.
She was watching him last Monday when she fell
asleep. He sneaked out of the house and onto the
school bus shortly after 3 p.m. Why the boy wasn't in
school is a matter of dispute. James said his son had
been suspended — for trying to climb aboard another
school bus three days before Amber's death.
James said that just hours before the tragedy, he
went to the school to meet with PS 161 officials —
and was told the boy could not return to school
without a letter from the regional superintendent.
That would violate Department of Education policy,
which forbids schools barring elementary school
children. Suspended children are supposed to be
assigned to detention rooms.
A Department of Education spokesman declined
comment. But a source familiar with the situation
denied that any official barred the boy from
school.
Last year, officials at PS 161 diagnosed his son as
needing special education, James said. At first he
winced at the label and refused services. Months
later, he said, he went back and asked for help.
"He had behavioral problems, it was never fights.
Just not listening, and running around. They won't
let him come on school trips," he said.
Among the boy's 40 absences this year are at least
three week-long suspensions and other days he was told
the boy couldn't attend unless a guardian could stay,
James said.
"They say he just runs around and they're not going
to chase him," he added.
James, who was born in Crown Heights, said he got
his GED and finished a two-year business school
program with a 3.3 GPA in January 2005, then began
working as an office manager for a law firm. He hopes
to become an engineer.
Next door to his building is Amber's home, where
her aunt Lucy Caba recalled James as a mischievous,
mean child who also pulled pranks — like sending
false fire alarms.
"I can't remember that stuff," he said. "But look
at me now. I've been paying taxes since I was 14.
Everyone knows I'm a hardworking father. I don't hang
out on streetcorners."
Heartfelt card is sent to grieving kin
Albert James said he had wanted to visit Amber
Sadiq's family and apologize to them from the moment
he learned his son was responsible for the 8-year-old
Brooklyn girl's death.
But he was tormented by what the appropriate move
would be — and whether the family would accept his
message.
James, 25, finally bought an American Greetings
card on Wednesday, and got it to Amber's family on
Saturday.
"Our hearts go out to you in deepest sympathy,"
read the greeting. "Although it is hard to put into
words what we would like to say, our thoughts of
deepest sympathy go out with you today."
James added these words: "Our heartfelt
condolences to your family. We are deeply sorry for
your loss. ... To the Sadiq family, with lots of
love."
Amber's stepfather, Wascar Herrera, offered this
simple message to James: "Thank you for the
card."
Nancie L. Katz
Death Concealed
May 27, 2006
The death of a foster child was concealed from his
family according to Canada Court Watch, whose truthful
reports stay within the law by withholding names.
The new Child and Family Services Act, enacted but
not yet in force, says that a child protection order
ends with the death of a child. That will make it
lawful for news sources to identify the child by name.
We hope the reverend Dorian Baxter will provide the name
of the dead child as soon as possible.
No social worker has been held accountable for harm
to her ward, even fatal harm, and this case will be no
exception. The Child and Family Services Act
provides:
15 (6). No action shall be instituted against an
officer or employee of a society for an act done in
good faith in the execution or intended execution of
the person’s duty or for an alleged neglect or
default in the execution in good faith of the
person’s duty. R.S.O. 1990, c. C.11, s. 15
(6).
A delay in reporting death results in the destruction
of the most important evidence, the body. That can
hardly be construed as "an act done in good faith".
While there will be no criminal prosecution, a civil
suit against the social workers involved might have some
success.
Here is the unabridged account from Canada Court
Watch:
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Family believes that CAS covered up
death of child in foster care
(May 25, 2006) A family member called Court Watch
today to report that they had just found out a few
days ago that a child of this family who had been
taken away by the CAS in Ontario had died while in the
care of foster parents. The family was never informed
of the death. At one time, family members reported
seeing the child with dried blood in his ears and
bruises on the child's body while in care and noticed
other signs of trauma to the child but that their
concerns were discounted by child protection workers.
The family was told that this was only a case of
sudden infant death syndrome (SIDS). The family
believe that the death was a cover-up to protect the
agency involved. An investigation by authorities into
this death has been commenced in the aftermath of the
death of little Jeffrey Baldwin while in care of the
CAS.
Stop Horwath!
May 25, 2006
The Toronto Star, which has been sensitive to the
views of the social services system, carries this
article calling for the appointment of a Children's
Ombudsman. While this sounds like an improvement, the
proposed office would have no investigatory powers, and
would be staffed by a young person unlikely to create
serious political waves for the child protectors. Our
guess is that Andrea Horwath's bill to allow
André Marin to look at Children's Aid is gaining
enough support that social services feels impelled to
offer a neutered substitute. Look at the chosen photo
and guess whether social services are trying to use the
Jeffrey Baldwin tragedy to enhance their power.
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37 countries have one, why don't we?
Canada way behind in appointing a commissioner to
represent our children
May 25, 2006. 10:28 AM
CRAIG AND MARC KIELBURGER
COURTS BUREAU
Five-year-old Jeffrey Baldwin starved to death.
Who speaks for children? In Jeffrey Baldwin's
case, no one did. Not his family, not other adults in
his life and not the system designed to protect
children like him.
When Jeffrey died, he was not yet 6 years old,
weighed a mere 21 pounds and stood just 37 inches
tall. Neglect was the killer. And the role his
grandparents played in his death? The courts have
decided they are guilty. But the fact that Jeffrey's
case was flagged within the system and then remained
untouched is at the heart of this tragedy.
He lived in a crowded home with his grandparents,
placed there because his own young parents could not
care for him and his three siblings. His grandparents
labelled Jeffrey and one of his sisters "the bad
ones," not worth caring for. He was locked in an
unheated room with his sister, without food, for long
periods of time until he died of starvation. The
Catholic Children's Aid Society had a file on Jeffrey
and his siblings, but apparently they missed all the
signs.
He is the poster child for kids who fall through
the cracks.
In March, Norway marked 25 years since it
established a national ombudsman for children. The
role of this individual? To exclusively promote the
interests and welfare of children.
To protect kids like Jeffrey.
Canada needs its own ombudsman for children.
And there's no better example to follow than that
of Norway. The Norwegian children's ombudsman works
under three directives: children are equal to adults,
children are competent individuals and opportunities
for children are important.
Appointed by Norway's king, the ombudsman does not
enjoy any executive powers but, since 1981, has
succeeded in giving children's issues political
prominence by creating public debate.
As the fourth and current commissioner in Norway,
Reidar Hjermann is busy. He hosts a call-in
television show that enables kids to air their
grievances. Not only do the children learn about
their rights, they also see they have someone speaking
on their behalf. Of 2,700 letters and emails he
receives each year, one-third come from children.
Another three dozen countries have followed
Norway's lead. But Canada isn't among them.
If Canadian children had their own commissioner for
children, they would have someone who would stand
independently and have the power to name and shame
those who stand in the way of children's rights.
Someone who would speak for the Jeffreys of this
country. At the very least, a commissioner would be a
very public reminder that someone would stand up for
this little boy. At the most, any one of the many
people who knew about Jeffrey's life could have
alerted the children's commissioner to intervene with
the assistance of other existing resources.
Using the United Nations Convention on the Rights
of the Child (UNCRC) — which was introduced to the
world in 1989 — as its cornerstone, the
commissioner's sole purpose would be to represent and
engage young people in the democratic process and
educate youth about their rights and responsibilities
under the UNCRC and as citizens of Canada.
But there is one stipulation: the commissioner
must be a youth as defined by the Canadian government
— that is, someone under the age of 30.
Why is this important? About 25 per cent of
Canada's population is under 18. Yet, more than 7.7
million young Canadians have no formal role to play in
the government. There is no single individual or
federal department representing youth and no coherent
or meaningful way for the opinions of young people to
be heard and respected. With no voice, no vote and
little economic clout, young people in Canada are one
of the most disenfranchised groups in the country.
But youth have much to say about issues that affect
them locally, nationally and internationally. Today,
young people have the greatest access and exposure to
information than any generation before them. In
January, about 450,000 students aged 9 to 18 from
across Canada took part in Student Vote 2006, a
non-partisan parallel election experience for youth
during an official election period.
And yet, youth voter turnout during elections
speaks volumes about the fact that youth issues are
not covered during campaigning. At the 2004 federal
election, voter turnout among 18- to 24-year-olds was
38 per cent. And in 2000, it was 22.4 per cent among
the 18- to 20-year-olds.
Of course children factor in every government's
agenda, but in the context of "larger" issues, such as
health care, housing or family support. Children's
issues and youth portfolios are scattered across
numerous government agencies and under different
directives. But no single voice speaks for children
alone.
A young commissioner would better understand and
suitably create opportunities among young people to
discuss government policies and ideas and issues of
national importance. He or she would represent youth
by forwarding to the federal government all
recommendations on legislation relevant to youth. The
commissioner would also stand for the voices, opinions
and interests of the young people of Canada at a
national and international level to represent and
empower young Canadians across the country.
Over the years, the idea of a children's ombudsman
in Canada has been considered, discussed and tabled
numerous times. A new government delivered its
inaugural Speech from the Throne on April 4,
recognizing that youth are "looking to carve out their
place and be heard." But youth issues failed to make
it on yet another government's agenda.
To have done otherwise would have been a bold
statement that the federal government is truly
committed to listening to and representing the views
of the young people of Canada.
It would have been a signal that the government is
ready to be held accountable, perhaps by a young
commissioner who only serves his or her constituents
— children like Jeffrey who, in theory, had many
guards on watch but no one to speak out for him.
Craig and Marc Kielburger are founders of Free
the Children and co-authors of Me to We. Their column
explores the impact of global issues on young people
in developing nations and what it means to youth in
the GTA.
Congressional Hearings
May 24, 2006
On May 23, the Subcommittee on Human Resources of the
House Ways and Means Committee held hearings on child
welfare. The witness list included many persons from
the child protection industry, and two opponents,
Richard Wexler and William Tower. Following are
links:
Foster Care Begets Prostitutes
May 24, 2006
To understand the following article, you have to know
that in social worker jargon, "place of safety" is a
foster home, one where children are cared for by adults
for hire. Teenaged girls are running away from foster
homes to become prostitutes.
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May 24, 2006
Teen rescued from a life of
prostitution
By TOM GODFREY -- Toronto Sun
York Regional Police have rescued a 17-year-old
girl from a life of prostitution after raiding a
Richmond Hill home and arresting a couple for
allegedly pimping the teen, police say.
"We received a call for assistance from the
victim," said York Regional Police Insp. Tom
Carrique. "She was reaching out to us and we were
able to extricate her."
He said the teen, who is from southern Ontario, was
plucked last Wednesday after heavily-armed emergency
response unit officers were called to the home.
Carrique said three teens, aged 17, 18 and 19, were
found inside the home. Police said one girl was
charged, one a witness and the third a victim.
"She (victim) was very distraught and upset,"
Carrique said yesterday. "She has been returned home
safely."
He said York's vice cops are seeing more younger
teens being brought to work in the region's escort
agencies and massage parlours and they're trying to
locate other teen hookers working in the region.
"The 15- and 16-year-olds are coming here from the
GTA and other areas," Carrique said. "The girls are
being used to work as prostitutes to make money."
Police said the girls and alleged pimps travel from
across Ontario to work in York.
"We know there is a problem in the GTA where young
girls leave their places of safety and become
susceptible to predators," Carrique said. "They come
to work here."
Ruddyard Oliver, 21, and Sophia Park, 18, both of
Toronto, have been charged with living off the avails
of prostitution and assault with a weapon.
Courthouse Bluff
May 24, 2006
Sign at Courthouse (Michael Starr Building), 33 King
Street West, Oshawa Ontario. Photo taken May 23,
2006.
Today Canada Court Watch reports that a sign is
posted in the Oshawa Courthouse falsely warning that
recording devices are forbidden in the courtroom. The
laws of Ontario permit parties to a case to record their
own proceedings.
Return of Fathers-4-Justice
May 20, 2006
Fathers-4-Justice is back in operation. After its
disbanding, there was much exposure of faults within the
organization. It appears that the problems have been
corrected.
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PRESS RELEASE
20 May 2006 8.00pm
Breaking News: Fathers Storm TV Lotto Show
Disbanded campaign group Fathers 4 Justice (F4J)
tonight confirmed that activists from the group were
responsible for storming the set of the BBC's National
Lottery Jet Set Programme live on air this evening.
Protestors wore "Family Law Lotto — Next
Time it Could Be You" T-Shirts and held up placards as
security wrestled them to the ground in front of a
studio audience. The six activists included the
partner of F4J founder Matt O'Connor.
F4J is re-launching after a five-month cessation in
its campaign. The group was disbanded in January when
an extremist fringe were accused of plotting to kidnap
the Prime Ministers. Tonight's protest marked the
second anniversary of the Powder Bomb attack on the
Prime Minister in the House of Commons and the
resumption of a dramatic new high profile campaign.
The group say that future protests will use
'agitprop' tactics at high profile events and
subversion of live TV as well as pranks and hoaxes to
raise public awareness about the continuing crisis in
family law.
F4J spokesman and activist Guy Harrison, who in
2004 threw condoms filled with self raising flour at
the PM said, "tonight marks the dramatic return of
Fathers 4 Justice. The lottery is a metaphor for what
can happen to any parent, mother or father, and their
children, at the hands of the secret family courts.
It's our duty to warn parents about what is happening
and send them this message: don't play family law
lotto — don't gamble with your kids."
F4J say that the organisation has been radically
re-structured and that it's founder Matt O'Connor is
considering delaying the launch of his new civil
liberties group Agents For Change to re-focus on the
campaign for open courts and equal parenting. The
change of heart is attributed to his partner's
situation, the second such time in four years O'Connor
has had first hand experience of the family court
injustice.
ENDS
For further information please contact:
Matt O'Connor (Media Advisor): 07795 341 110
Guy Harrison: 07801 010 410
Michael Cox: 07884 260 656
Email: office@fathers-4-justice.org
Web Site: www.fathers-4-justice.org
Social Worker Excused
May 19, 2006
A Social
Services Supervisor fired for misconduct has been
reinstated in Connecticut, with back pay. This
continues the perfect record of social workers never
being punished for harming children, in this case by
fabricating evidence.
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Hartford Courant
Social Worker Back On Job
State Labor Ruling Forces DCF To
Rehire Employee Who Was Arrested
By COLIN POITRAS
Courant Staff Writer
May 20 2006
A state social worker who was fired following
allegations of fabricating evidence and tampering with
a witness in a child endangerment case has gotten her
job back with back pay, officials and sources familiar
with the case said Friday.
Valerie M. Miles returned to work at the
Department of Children and Families last week. Miles
is no longer handling abuse and neglect cases. She is
currently doing research in the agency's central
Hartford office after accepting a reduction in pay,
said Gary Kleeblatt, a DCF spokesman.
Miles was making more than $100,000 a year as a DCF
supervisor in the Hartford regional office. She was
placed on administrative leave when the allegations
surfaced on July 7, 2005. The agency conducted an
internal investigation and fired her a short time
later.
She was arrested by Hartford police on July 28,
2005, and charged with two counts of fabricating
evidence and one count of witness tampering.
Police accused Miles of falsely insisting in a
sworn affidavit that plastic bags of drugs were found
during a raid of a Hartford home that resulted in four
children being taken from their parents. Police said
they never found drugs in the home. Police also
accused Miles of forcing one of the family's neighbors
to provide a false statement supporting her claim
about drugs in the home. The neighbor later told
police she felt pressured to lie, according to Miles'
arrest affidavit.
Miles received a special form of probation that
allowed her to avoid prosecution on the criminal
charges. Under this form of probation, she was not
found innocent or guilty; her prosecution was
suspended pending completion of her probation.
Miles appealed her termination through her union,
the American Federation of State, County and Municipal
Employees, Council 4 of New Britain. Kleeblatt said
the state labor relations office reviewed the case and
decided not to refer the matter to a neutral
arbitrator for resolution. Under state labor law, the
agency was forced to reverse Miles' termination based
on the labor relations' ruling, Kleeblatt said.
"She's back at work because she was able to
persuade enough of the right people that she had done
nothing wrong and she is innocent," Miles' lawyer,
Leon M. Rosenblatt of West Hartford, said.
Rosenblatt said he is confident that Miles would
have won her case had the matter gone to arbitration.
He said Miles intends to sue the Hartford Police
Department for damages.
Not everyone was pleased with the outcome.
"It's appalling that a government officer who has
tampered with and fabricated evidence against an
American citizen should be tolerated," said Thomas M.
Dutkiewicz, president of Connecticut DCF Watch, an
organization of parents who monitor state and national
child welfare services. "They didn't just break the
law; they violated someone's civil rights."
Membership Denied
May 19, 2006
John Dunn follows up on his denial of CAS membership
in a letter to Barbara MacKinnon. John Dunn is the most
soft-spoken critic of CAS to be found. If he cannot get
a membership, only cops and social workers can now
become members.
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Friday, May 19, 2006, 10:50am
Barbara MacKinnon
Children's Aid Society of Ottawa
1602 Telesat Court
Gloucester, Ontario
K1B 1B1
RE: Meeting with Board of Directors —
Rejection of Membership Application
Dear Barbara MacKinnon,
Children's Aid Societies offer memberships to
people in the community as a means of providing public
accountability through the right of its members to
vote for members of the Board of Directors and through
the dissemination of corporate information to its
membership. I believe that the Society or its Board
is rejecting memberships to persons simply because
they have attempted to provide emotional support
and/or resources to clients or potential clients of
the Society in a peaceful & non-disruptive
manner.
As you are aware, I faxed a letter to you
requesting clarification as to why my membership
application was rejected by the Board of Directors and
to find out what I could do to improve my chances of
obtaining a membership with the Society in the future.
It is my understanding that the Board would make their
decision based on the advice of yourself and other
members of staff. I am also keenly aware of the fact
that members of your staff were at one time instructed
not to communicate with me since I have in fact
supported clients of the CAS. This was mentioned to
me by a staff member of your agency in 2004.
The response I received from the Board President,
Brian McKee, in answer to the first part of my request
simply stated that the Board "recognizes that you
(John Dunn) have acted in a manner inconsistent with,
and contrary to, the interests of the Children's Aid
Society. In its opinion, you (John Dunn) do not have
a genuine interest in the objectives of the
Society."
I have not been provided with any evidence or even
any suggestion as to what exactly it is that I have
done to invoke such a response from the Board of
Directors and as such I would like to request, again,
a fair hearing or opportunity to meet with the Board
of Directors for the purpose of learning what it is
that I have done which suggests to the Board that I
have acted in a manner which is inconsistent with and
contrary to the interests of the Children's Aid
Society and to learn if the decision to reject my
membership application is permanent and/or
irreversible.
I would also like to ask the Board -- should I be
given an opportunity to meet with them -- what it is I
can do to meet the criteria which would enable me to
become a member of the Society in the future, as I am
genuinely interested in the objectives of the Society
which are, as far as I can tell from the Society's
website, as follows:
"The Children's Aid Society of Ottawa is committed
to protecting the children and youth of our community
from all forms of abuse and neglect. We work to keep
them safe and secure, both within their families and
the communities in which they live."
If a meeting with the Board is refused, can I, as a
member of the community, obtain access to the by-laws
and or constitution of the Society for the purpose of
reviewing its objects and membership eligibility
requirements so that I may work toward meeting them?
So far, I have not been given any means to contact the
Board of Directors myself and would like to have that
opportunity or at least information on how I can
communicate directly with them.
I sincerely hope that neither you as Executive
Director, nor the Board of Directors of the Children's
Aid Society of Ottawa believe that membership with the
Society should only consist of people who do not
question anything the Society or its Board does or
neglects to do in the execution of its duties and that
people who advocate for positive change in a
non-violent and peaceful manner should be refused
membership.
Sincerely,
John Dunn
Executive Director
The Foster Care council of Canada
http://www.afterfostercare.ca
cc.
Pierre Viger — Director, Professional Standards — Children's Aid Society of Ottawa
Brian McKee, President — Board of Directors — Children's Aid Society of Ottawa
Ombudsman Ontario
Michelle Cheung - CBC
CAS Survivors March
May 19, 2006
Following a foster-care survivor's march in Thunder
Bay, CAS Executive Director Rob Richardson, says things
have changed over the years since the tragic events that
happened to these victims. Indeed they have, though not
for the better. The systematic abuse of aboriginals has
changed to a capricious system sometimes abusive,
sometimes not, now covering all ethnic groups.
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Thunder Bay's Source
Survivors march for foster care
abuse
Web Posted: 5/19/2006 5:41:46 PM
Survivors came together Friday to protest what they
say is the ongoing abuse of children in the foster
care system.
They staged the first annual Walk for Survivors and
Abuse in Foster Care starting at the Thunder Bay
Children's Aid Society office and ending at the
offices of MPP Michael Gravelle and MP Joe Comuzzi.
Coordinators say they hope to raise awareness about
what actually happens in foster care.
Victims of child rape and abuse gathered at the
Children's Aid Society to tell their story. Survivors
say there are many cases where children have been
raped and abused in foster care. Coordinators talked
to the executive director of the Children's Aid
Society, and the group then walked to Michael
Gravelle's office to ask questions of the government.
Survivor Debi Okane says she's not doing this because
she's angry or for revenge.
Survivors released balloons into the air,
symbolizing releasing their pain and emotions. The
executive director of the Children's Aid Society, Rob
Richardson, says things have changed over the years
since the tragic events that happened to these
victims. Richardson says he is unsure of what kind of
resolution the survivors are looking for. MPP Michael
Gravelle says he feels it's his responsibility to tell
their story.
In a symbolic gesture, a survivor gave Gravelle her
shoe so he could take a 'walk in her shoes.'
Quebec Judge Ousted
May 19, 2006
Quebec Youth court Judge Andrée Ruffo has resigned
rather than be fired after exhausting her legal appeals.
The real reason for her ouster is that she spoke out
publicly against the Quebec system for handling
children. In a recent article Stephen Baskerville
points out that judge Milton H Raphaelson felt free to
criticize the family law system only after his
retirement. Judge Roffo is an example for judges who
fail to wait for retirement before speaking out.
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CBC.CA News
Ruffo steps down after top court
declines case
Last Updated: May 18 2006 03:03 PM EDT
Youth court Judge Andrée Ruffo quit her job before
Quebec could remove her from the bench, after the
Supreme Court of Canada said Thursday that it wouldn't
get involved in the case.
In November 2004, the Quebec Judicial Council found
that the controversial lower-court judge – an
outspoken defender of children's rights – had
violated the council's code of ethics 18 times and
been reprimanded 12 times since she being appointed to
the bench 16 years earlier.
In late 2005, the Quebec Court of Appeal –
recommended that Ruffo be removed from the bench.
Ruffo appealed to the Supreme Court of Canada, asking
them to review the decision by Quebec's top court.
Andrée Ruffo has been a controversial judge for
years.
After the Supreme Court declined the request
on Thursday, Ruffo resigned.
For years, Ruffo, 63, has publicly criticized
provincial child welfare policy. Her views made her a
hero to some, but others saw her as a loose
cannon.
She first attracted public attention in 1987 when
she sent two teenagers to sleep in the provincial
social service minister's office in Quebec City to
highlight the lack of available foster-care beds.
The appeal court said her goal was laudable but
criticized the way she went about it, saying she ended
up hurting the cause she advocated.
Other ethical lapses cited by the appeal court
included Ruffo's appearance in a television commercial
for Via Rail and her acceptance a speaker's fee of
$1,500 to talk at a conference about New Age
medicine.
The final decision on whether to remove her from
the bench would have rested with the provincial
government.
Foster Kids Seek Records
May 18, 2006
Here is another case of former foster children asking
for disclosure of the records of their own lives.
If Manitoba is anything like Ontario, they will have
no success. John
Dunn spent four years exhausting the appeals process
with Children's Aid, but got nothing. The expressions
of support from minister Christine Melnick could be
stymied by endless bureaucratic foot-dragging. Cases
like this explode the myth that confidentiality is for
the best interest of the child. Child protectors
continue to assert confidentiality when the child is
grown, or dead.
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CBC.CA News
'Lost Boys' call for release of
childhood records
Last Updated: May 17 2006 04:01 PM CDT
Three aboriginal men want the province to release
records related to their time in the child-welfare
system so they can find out more about their troubled
childhoods. Dean Powderhorn, Brian Richards and Sam
McGillivray asked Family Services Minister Christine
Melnick to release information related to their
seizure from their families in childhood and
subsequent life at a home for boys in Grandview, Man.,
west of Dauphin.
Powderhorn told CBC News he was taken from his
family in Churchill at age nine and sent to the home,
which he understood to be a facility for troubled or
delinquent boys. At the home, he said, he and other
children were mistreated and forced to do heavy
labour.
The owner of the group home has since died.
The three men say they represent 18 men who lived
at the home in the 1960s and 1970s; they have formed
a group called Warriors of the Lost Boys. The men
want their records from school and children's aid, and
those concerning the home, as well as any other
documents that could help them make sense of what
happened.
"Who ordered us to go from being a nine-year-old
boy to being an adult in a group home? Like, what did
I do wrong to deserve this?" Powderhorn said.
Powderhorn lived at the group home until he was 18.
He said the experience ruined his life, leaving him
drifting as an adult, often in trouble with the
law.
Province vows to help
Government officials say they will do all they can
to help the men.
"The records will be made available to them, if
they exist. I don't know what the state of their
records are right now, but I can assure that we will
be looking for those records," said Melnick.
"I think it's very important that Manitobans hear
their message, that Manitobans hear their truth, and
that we recognize that what was done in the past was
not right and work towards a better future."
Melnick said the men's stories are similar to
others the NDP government has been working to address
in its restructuring of child and family services
agencies.
New Rally Planned
May 18, 2006
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QUEENS PARK RALLY
TUESDAY JUNE 20 2006
11:00 TO 12:30
Dear Fellow Canadian Citizens
On Tuesday June 20 2006 at Queens Park in Toronto
the families of Ontario will once again march on the
provincial government’s front lawn in a rally. The
rally is to ask for accountability and responsibility
with respects to Children’s Aid Societies in
Ontario. We the families involved and/or concerned
with the CFSA and Children’s Aid Societies and their
strong armed polices ask the government of Ontario for
relief.
Last March 16 2005 we rallied to ask for a Royal
Commission of Inquiry. This time its to show
frustration with the CFSA. With the 2007 election
around the corner this could certainly be a topic to
win the election for any party. Some of the areas,
just to mention a few are;
- According to the Charter of Rights and Freedom
Equality Rights 15. (1) Every individual is equal
before and under the law and has the right to the
equal protection and equal benefit of the law
without discrimination and, in particular, without
discrimination based on race, national or ethnic
origin, color, religion, sex, age or mental or
physical disability. Which act has more power the
charter of rights and freedoms or the family
services act? There are confirmed cases of
Children's Aid violating the above by not allowing
a grandparent to care for their grandchild because
of their age. Addiction is considered under
federal and international law as a disability and
depression is clearly a mental disability. So
addiction and mental health are disabilities and
should not be used against someone but yet the
family services act continues to use it against
parents. Canada jumped at the human rights thing
and now its time to show that we still believe in
them.
- There are many drug testing agencies around
Ontario, some very good. However I have recently
discovered that several of these agencies favor
CAS. In a phone interview with one director I
asked 3 key questions. One what is the percent of
your caseload that CAS is paying for and he
answered 95 percent. Second question was how much
does this testing cost?. He answered about
1000.00 per collection. Then I asked how much do
you get paid for these test? He refused to answer
and hung up. It does leave me with a sick feeling
in my stomach that these tests are supposed to
detect drugs and/or alcohol in a person to help
them overcome the burdens of the addiction,
however with CAS overpaying some labs that do
these test. A test could be altered to favor
CAS.
- A Brantford father questions parenting assessments
done for CAS? The father told me today in a phone
conversation that a lot but not all doctors who
perform these assessments receive up to 300
percent over the criminal interest rate of Canada
for performing them. The father went on to say
that the average assessment cost about 200.00 per
hour and the average assessment last 5 hours.
That would suggest the cost of the assessments
should be 1000.00 per person. With the average
family having two parents the cost should be
2000.00. A great number of doctors who perform
these assessments are paid 5000.00 per person.
That’s 200 percent in most cases. The criminal
interest’s rate of Canada is no more then 60
percent on an annual basis. The father concluded
by saying "just a thought if the average parent
overpaid 200 to 300 percent on a parenting
assessment would the doctor not pass or favor you
too"
These are just three of the areas that will be
talked about at the rally. I encourage you all to
join us June 20 2006 at Queens Park in Toronto as we
rally for family rights.
“ We can find a missing automobile anywhere in
Ontario in 48 hours but a missing child maybe never
found, I’m not sure we have our priorities
straight” A former Ontario police chief 2000
**THIS WILL BE A PEACEFUL RALLY**
Sincerely
Rob Ferguson
Brantford
519-754-0927
Debate Continues
May 18, 2006
The Ontario Legislature continued debating Children's
Aid yesterday. The debate showed clearly that the
Ontario government is trying to bamboozle the public
with the assertion that the ombudsman has jurisdiction
over the Child and Family Services Review Board.
Addendum: On May 17 the provincial NDP issued
a press release beginning:
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QUEEN'S PARK - Ontario Minister for Children and
Youth Issues is misleading people when she says there
is independent oversight by the Ombudsman of
Children’s Aid Society decisions in Ontario, NDP
Leader Howard Hampton said today.
More on Drugged Child
May 16, 2006
Yesterday's CBC report by Michelle Cheung was a topic
of debate in the Ontario Legislature today. The CBC
included a report on the
debate (wmv format 4.1 megabytes) and further report on the boy named only as
"J" (wmv format, 12.7 megabytes).
The discussions in the legislature are available in
the Hansard. They are:
Addendum: The next day the CBC broadcast viewer response to the story
of "J" (wmv format 4.3 megabytes).
CAS Incapacitates Child
May 15, 2006
Tonight the CBC broadcast the first of a set of
reports by Michelle Cheung on Children's Aid. In this
report, a boy is drugged into a stupor until his
grandparents get custody and wean him from the drugs.
The report is part of the CBC
News at Six (wmv format, 12.5 megabytes).
The CBC program The National broadcast a 24 minute
program on the same boy. The link is to Michelle Cheung Reports, real media format. Since
we cannot save the program, the link is good only as
long as CBC keeps the program online. The CBC page Finding
Normal has a transcript of the report.
The Grinch who Stole Easter
May 15, 2006
CAS workers are so drunk with power that they feel
safe in stealing from their wards. We earlier reported
that foster
parents embezzled Anne's allowance (mp3 audio). Now
Canada Court Watch has found that a mother's Easter
gifts to her child were stolen by a CAS caseworker.
Here is an abridged version of their story.
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CAS worker steals money and eats
child's chocolate!
May 13, 2006
Last month a mother delivered Easter chocolates and
a bank card to the York Region CAS for delivery to her
son who was in care of the York Region CAS. It seems
however that mom's Easter gifts to her son never got
where they were supposed to. Mom delivered a bank
card with a bit of spending money and some chocolate
for her son. Without telling the boy that he had
received the gifts, the York Region CAS worker took
the child's bank card and withdrew the money and then
ate the child's Easter chocolate. The York Region CAS
worker was even caught on video at the bank machine
after the mother had reported that the child's card
had been used fraudulently.
The director of the York Region CAS has refused to
apologize to the boy or to his mother. In fact, the
society will not even confirm whether their worker was
fired. According to the mother, the York Region CAS
wants to hide everything and keep the public from
finding out about what happened in this case.
This worker supposedly had over 20 years experience
as a CAS worker in Toronto. According to the mother,
the York Regional police would not press charges
against the worker who literally was robbing kids in
care. How can the police be seen as doing their jobs
when workers from the York Region CAS seem to get
special treatment under the law?
Addendum: An update from the same source:
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York CAS worker to be charged by
police
(May 17, 2006) In follow-up to the earlier report
(May 13) of a York Region CAS worker stealing from one
of the kids in the care of the York Region CAS, Court
Watch has been advised by the family that the police
are going to do their duty by arresting and charging
the CAS worker (aka the Easter Grinch) responsible for
this most deplorable crime against a child.
Kentucky Scandal Widens
May 13, 2006
In January 2006 Kentucky Youth Advocates issued a report titled The Other Kentucky Lottery (executive summary,
pdf). KYA promotes social services — on its
webpage it says one way to prevent child abuse is
"Advocate for increased funding for family services".
In spite of their bias, they found serious fault with
Kentucky child protection, provoking a scandal that we
reported on in January, then focused on Hardin County. A
statewide investigation ensued.
Rogue child protection agencies have used the threat
of child removal to suppress parental dissent. The
bully culture apparently applies to all levels in the
child protection system. In Kentucky, an administrator
at the state executive level is now being disciplined
for efforts to obstruct the investigation by
intimidating witnesses.
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Saturday, May 13, 2006
Child-welfare inquiry expands
Social worker accused of intimidation, put on
leave
By Deborah Yetter
dyetter@courier-journal.com
The Courier-Journal
A state social service administrator has been
placed on leave over allegations that she tried to
intimidate witnesses during an ongoing investigation
into whether children were being removed from homes
and adopted too quickly.
The action comes as the inspector general for the
Cabinet for Health and Family Services says he is
broadening an investigation of the Elizabethtown
office into other issues and other parts of the
state.
"Our investigation has really expanded to look at
the entire process once a child is removed from a
home," Inspector General Robert J. Benvenuti III said
yesterday.
Benvenuti said his office is expanding the
investigation based on information it has developed
over the past several months.
On April 24 state officials notified employee Pam
Tungate, an assistant director of the eight-county
Lincoln Trail district, that she was being placed on a
paid, 60-day leave while the cabinet investigates
allegations of misconduct. The district includes
Hardin, Breckinridge, Grayson, LaRue, Marion, Meade,
Nelson and Washington counties.
Tungate could not be reached for comment
yesterday.
In January, the cabinet's inspector general's
office began investigating allegations by child
advocates that workers in the Hardin County district
were too hasty to remove children from homes and push
them into adoption. One possible reason for this
would be to meet more stringent federal guidelines,
advocates said. The guidelines reward states that
meet adoption deadlines with more federal money.
The advocates also raised concerns that some
friends or associates of child welfare workers were
getting preferential treatment for adoptions and
workers and families who protested decisions about
child removal, foster care and adoption were subject
to retaliation and intimidation..
The letter to Tungate, obtained by The
Courier-Journal through an open records request, said
Tungate allegedly "inappropriately tried to influence
and intimidate witnesses" during the investigation
into "improper placement of children and alteration of
official business documents."
"You are cautioned that retaliation is prohibited,"
the letter said.
Benvenuti said he couldn't comment on Tungate's
situation. But he said investigators would refer any
cases of possible criminal violations to local
prosecutors.
He said his investigators have not done so so far
and he isn't sure how long the investigation will
take.
"Beyond Hardin County, we have received complaints
from other areas," Benvenuti said. "Depending on the
nature of those, we are investigating."
Virginia Durrance, 38, of Louisville, a single
mother whose two daughters were temporarily removed in
2001 for neglect, welcomed the investigation and said
the state needs to look at how it serves families --
especially poor single mothers.
"I'm a single mom and I'm struggling," said
Durrance, who works in an office and is taking classes
to obtain her GED. "It's hard raising a child by
yourself."
Jennifer Jewell, coordinator of a local group
called "Women in Transition" -- with some members who
have had children removed -- said the group is
concerned that state workers are too quick to remove
children from poor mothers.
She said she and another member met about two hours
with Benvenuti this week to express concerns that the
poorest clients aren't always treated fairly in the
social service system and often wind up accused of
neglect because of poverty.
"When a family doesn't have a home, that's poverty
-- not neglect," she said.
Benvenuti said he met with the women after learning
about their organization.
"They brought up a lot of good issues," he
said.
Child advocates said they are pleased the state
seems to be following up on concerns they raised in
two reports issued in January regarding state social
services overall and in particular, services through
the Hardin County office.
"They get credit for taking our allegations
seriously," said David Richart, who helped write the
reports and is director of the National Institute on
Children, Youth and Families in Louisville.
Terry Brooks, executive director of Kentucky Youth
Advocates, which conducted the confidential survey
that led to the reports, said he's glad the state is
expanding the investigation. Though his group found
that the highest number of complaints involved the
Lincoln Trail district, it also had similar complaints
about removal, adoption and foster care from all over
Kentucky, he said.
"Lincoln Trail and Elizabethtown exemplified the
problems we saw on a statewide basis," he said.
Reporter Deborah Yetter can be reached at (502)
582-4228.
Cops Run Children's Aid
May 12, 2006
Here is another story confirming that, regardless of
formalities, Children's Aid is in fact a branch of the
police department.
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Public Safety and Emergency Preparedness Canada
Attention News Editors:
Stockwell Day announces appointments
to the National Parole Board
OTTAWA, May 12 /CNW Telbec/ - The Honourable
Stockwell Day, Minister of Public Safety, today
announced the following re-appointments to the
National Parole Board for the Ontario and Prairie
Regions:
...
Mr. Raymond A. Renaud of Orleans, Ontario, has
been re-appointed as a part-time member. He has
previously served as a part-time member for two terms
from April 2000 to April 2006.
Mr. Renaud is a retired Deputy Chief of police of
the Ottawa-Carleton Regional Police Department who
rose through the ranks of law enforcement to become
Chief of Police for the Gloucester Municipal Police
Department.
He is a member of the Board of Directors of the
Children's Aid Society and holds a membership in
several provincial, national and international
organizations such as the Ontario Association of
Chiefs of Police, the Canadian Association of Chiefs
of Police and the FBI Law Enforcement Executive
Development Association.
...
CBC Reports on CAS
May 12, 2006
Michelle Cheung has spent a year working on a story
about Children's Aid. Her research included gathering
data from critics, including Dufferin VOCA. Her
announcement below tells when her report will be aired.
Anyone capable of recording the program is invited to
forward a copy to us at email: rtmq@stn.net
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The CAS story I've been working on will air on the
National on Monday May 15 at 22:00 on the main network
- channel 5 Toronto.
If you receive the Toronto at Six newscast in your
area, then there are also two shorter stories that
will air on the local show on Monday May 15 and
Tuesday May 16 at 1800 on the same channel.
Tell your friends.
Thank you for your help in getting this story to
air.
Let me know what you think.
Michelle
Ingénues Boss Parents
May 11, 2006
Following the death of Nixzmary Brown this January,
New York City has been undergoing a foster care panic,
meaning increased numbers of children are taken from
their parents. This article from the New York Times
shows how ACS has responded to the requirement for new
workers. Parents who have spent years raising a child
will be bossed by childless young workers with only a
month's classroom training.
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New Group of Child Welfare Workers
Finish Fast-Track Training
Hiroko Masuike for The New York Times
Nearly 200 newly trained workers of the city's
Administration for Children's Services attended
graduation ceremonies in Manhattan on Tuesday.
By TONI WHITT
Published: May 10, 2006
The latest group of child welfare workers to finish
a city training program since the death of Nixzmary
Brown, a 7-year-old girl killed in her Brooklyn home,
graduated yesterday, joining an agency that has
promised to improve its investigations of child abuse.
The graduates, numbering nearly 200, are among 525
child protective workers that the agency, the
Administration for Children's Services, has said it
would add to field offices by the end of June. The
city agreed to overhaul and expand the agency after
taking criticism for failing to remove Nixzmary Brown
from her family's apartment after teachers reported
signs of abuse. The police have accused her
stepfather of beating her to death, and he and
Nixzmary's mother have been charged with murder.
Some of the graduates went through an intense
four-week course, rather than the usual three months
of training. The agency said the accelerated training
was intended to get them out in the field in time to
meet the goal and to ease caseloads for workers
overwhelmed with cases. Calls reporting child abuse
and neglect have increased 39 percent since Nixzmary
died in January, the agency said, compared with the
same period a year ago. With this latest class, the
city has added 350 workers and has 175 more in
training.
The usual training involves a month of classroom
studies, followed by supervised visits to homes where
abuse is suspected, followed by another month of
classroom work. The trainees then take a test before
they can be hired. In the accelerated track, trainees
complete a month of coursework, then take the hiring
test. They then slowly take on new cases, under
supervision.
The graduation ceremony, held at the Hunter College
campus on East 25th Street, drew caseworkers who had
just completed their training and others who had
recently begun working. The ceremony, a first for the
agency, was held as a way of boosting morale, agency
officials said.
Catiana Day, 23, a graduate who will work in the
Brooklyn field office, said the accelerated training
was intimidating, even though she had transferred from
foster care work within the agency. Ms. Day said
that her first visit to a family with a supervisor
went better than she had expected, and that the
coaching she got was essential.
Robinson Jean-Louis, 28, who came to the agency
after working in private business, agreed that the
accelerated course was challenging, but said it made
students work as a team to pass their tests and the
supportive environment should carry over into
the job.
"It's a very difficult job," he said. "But this
new crop is up for the task. We're intelligent,
dedicated and eager."
Just as the new employees were celebrating, the
caseworkers' union was preparing to picket on Friday
to protest their work environment, which union
officials said had become intimidating and punitive in
recent months.
The union is angry that three employees involved in
the Nixzmary case were fired and that three others
were suspended.
"None had ever been in trouble before," said Faye
Moore, a vice president for Local 371 of the Social
Service Employees Union.
Agency officials said they were developing ways to
make it easier for workers to do their jobs, which pay
a starting salary of just over $36,000 and require a
bachelor's degree. Since Nixzmary was killed, the
agency has distributed cellphones to many workers who
are out in the field and has begun supplying cars for
workers.
Mr. Jean-Louis said he was in training as the news
of Nixzmary's death and the agency's failings were
being reported. The students, he said, are inspired
to work hard to protect children, but frustrated and
angry that the public does not recognize that child
protective workers save lives, too. "Out of the
millions of cases they do correctly, they don't get in
the news," he said.
John B. Mattingly, the children's services
commissioner, reminded the graduates of their
responsibilities. "The very nature of our work means
that you will make decisions that literally will mean
the difference between life or death for a child," he
said.
Treatment for Foster Girl
May 11, 2006
A young girl in foster care had a prized possession,
a blanket given to her by her father. Hear what the foster
parents did to it in this recording (mp3) from
Canada Court Watch. Their press release continues:
This young child also told us how she was forced to
take cold showers in the foster home because the
foster parents did not want hot water being wasted on
the foster kids.
Father Disrupts Montreal Traffic
May 10, 2006
An imposter claiming to act for F4J has blocked
traffic in Montreal.
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Man snarls traffic on Jacques Cartier
bridge
AM 940 Montreal
2006-05-10 19:25:49
A father demonstrating next to the Jacques Cartier
bridge caused some major headaches for motorists all
day long Wednesday.
He climbed up a billboard next to the bridge just
after 1 o'clock in the morning, prompting the SQ to
close the span to all southbound traffic.
The man, Mario Morin, says he wants more custody
rights over his daughter. He also says he has been
falsely accused of child molestation and spent five
years in prison.
Longueil police spokesperson Gaetan Durocher says
the man may be emotionally unstable.
"Sometimes this man looks like he's 4-years-old.
He's really hyper, and sometimes he's really calm,"
Durocher told The New 940 Montreal.
"We have negotiators trying to establish contact
with this man."
The custody rights group Fathers 4 Justice says the
Morin is not associated with their organization.
Spokesperson Andy Srougi joined us on the air
earlier this morning and says he is familiar with
Morin's situation.
"The individual is a little bit incoherant, he's
very depressed," said Srougi. "The [Department of
Youth Protection] removed his daughter from his
custody. It's been very difficult for him. There's
no help for him, and as a result you have to
understand that when someone goes through this and
doesn't get the necessary help it just gets
worse."
Addendum: The action ended after 26 hours with
the descent of Mr Morin.
Parenting Instructor Arrested
May 10, 2006
Do you need to take parenting classes? In this
Kentucky case, an instructor sets an example for her
students by leaving a child unattended. Also take note
of her (criminal) resumé.
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Lousiville Courier-Journal
Tuesday, May 9, 2006
Child is left alone inside car
Home of Innocents worker is charged
By Charlie White
cwhite@courier-journal.com
The Courier-Journal
A woman who taught child-care skills to parents of
children at Home of the Innocents was arrested on
Derby Day and accused of leaving an 18-month-old girl
in a car for at least 15 minutes at an
off-track-betting facility.
The child was sweating because there was no shade
in the car but was otherwise OK, authorities said.
Barbara A. Calloway, 57, of the 3900 block of
Vermont Avenue, was charged with felony criminal
abuse. She was released from Louisville Metro
Corrections Sunday, according to jail records.
Calloway, a child-care worker for about four years,
was supposed to be taking the child and the child's
mother to buy groceries, said Gordon Brown, president
and CEO of the home. The mother, who had been let off
at the grocery, was not charged.
"This is … totally the antithesis of what Home of
the Innocents stands for," Brown said. "We are all
shocked."
Calloway declined to comment last night.
Sgt. Robert Huff of the Jefferson County sheriff's
office noticed the child about 3 p.m. strapped into a
child-safety seat in the locked car, which had its
windows rolled most of the way down. The car was
parked at Trackside OTB, 4520 Poplar Level Road.
Sheriff's deputies estimated that the child had
been in the car 15 to 20 minutes before they found
her, said Lt. Col. Carl Yates, head of community
service for the sheriff's office. "I'm just glad we
found the baby before she got dehydrated," he said.
He said they traced the car to Home of the
Innocents, which cares for children who are in state
foster care because of abandonment, abuse or neglect.
It also cares for medically fragile and autistic
children, Brown said.
Deputies asked the home to send someone to get the
child.
About the same time, Calloway, who also goes by the
last names of Brown and Watkins, according to jail
records, walked out to the car and was arrested.
Brown said Calloway was fired immediately. He said
she had taught many classes that stress the dangers of
leaving a child alone in a car.
The home knew that Calloway had a criminal record
for writing bad checks and that she had served prison
time in the late 1990s, but it was not the kind of
offense that would prevent hiring her, Brown said.
The home also performed two background checks on
her last year. They found only two traffic violations
after she was released from prison, he said.
Reporter Charlie White can be reached at (502)
582-4653.
Girl Abused in Foster Care
May 10, 2006
Here is a story from a reporter in Brantford, who
says he is unrelated to the family, and so can legally
publish his name. In five years of listening to reports
from Dufferin, we heard no complaints of abuse of young
children, but not all CAS agencies have the same
policies.
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May 9, 2006
At a supervised access visit today in Brantford a
mother was shocked to see her five-year-old daughter
come into the room with bruises on her legs, arms and
neck, and with a black eye. The CAS worker present
diminished the situation by saying "I don't know; it
was there when I picked her up". As the story goes
on, the children report that the foster parents have
"dumb rules" and "bad punishments".
The two children, ages four and five, reported to
their mother that they do not get emough food or water
and that the foster parents allow older children to
pounce on them. When the mother would give her
children toys the foster parents would either throw
them out or give them to other children to play with.
It was reported that the children who misbehaved in
this foster home had to put their nose and toes
against a wall for up to 20 minutes. The foster
parents in question also have a habit of sending the
children to bed early with little or no food in the
stomachs. Many of the children in this foster home
show up at school, church and family visits wearing
dirty cloths and smelling bad.
CAS Brant claims that because the foster home is
out in the country that water is limited so baths and
showers happens once or twice a week.
Brad James
Brantford
CAS Victims Walk
May 9, 2006
Former foster children are drawing attention to
sexual abuse in care.
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Thunder Bay's Source
Walk identifies abuse in foster
care
Web Posted: 5/9/2006 5:55:46 PM
A major effort is being launched to draw attention
to the problem of sexual abuse in our foster care
system.
Tuesday afternoon, a group of survivors of foster
care gathered to hear details of the First Annual
Survivors Walk, planned for May 19. A group that is
walking from Winnipeg will be in the city to join
local victims, who will then march on the offices of
area Members of Parliament.
Diane Ogima says she is among the many children who
were molested while in foster care. But because of
the stigma attached to the crime, she says many
victims remain silent. She is encouraging everyone
who has been affected to get involved.
Ogima says the Children's Aid Society has to become
more accountable and do a better job of screening
families that foster children are sent to.
Survivors are starting to fight back for the abuse
they've suffered while in the care of child and family
services and in foster homes. Ogima feels the CAS
should do more home visits and better screening of the
families that they send children to to keep them
safe.
CAS Contractors Arrested
May 5, 2006
Two of the angels caring for your children have been
arrested for possession of illegal weapons and drugs.
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The Halifax Herald
May 5, 2006
Children’s Aid Society drivers
suspended
Society bars two workers after drug, gun arrests
By DAN ARSENAULT Crime Reporter
Two women have been suspended from working with the
Children’s Aid Society of Halifax after being
arrested on gun and drug charges Monday.
Shannon Johnson, 28, and Melody Husbands, 25, were
arrested with two men at an Ardwell Avenue address in
Spryfield early Monday morning and were told Tuesday
they won’t be working for Children’s Aid at least
until their legal issue is resolved.
"We heard about it late Monday and responded
immediately in terms of letting the service providers
know that they were off our list," Barbara Williams,
the acting co-ordinator of family and adolescent
services with the society, said Thursday.
She wouldn’t say how long the two independent
contractors had been doing work for the society.
Their duties involved ferrying children who had been
removed from their parents’ home to and from visits
with them.
According to a society release issued Thursday,
service contractors are screened annually through a
police check, a scan of the child abuse registry,
references and other steps.
At their arraignment in Halifax provincial court
Monday, Ms. Johnson and Ms. Husbands told the court
of their work and were granted an amendment to their
release conditions to allow them out of their houses
to do occasional work between 10 p.m. and 6 a.m. As
well, they were given permission for the same reason
to have incidental contact with each other.
The women were arrested at about 2 a.m. at an
address Ms. Johnson shares with co-accused Trevor
Miller, 26, court records show. Ms. Husbands’
address is listed as Tamarack Drive in Cowie Hill.
Harold Patton, 27, of Connor Lane in Halifax was also
arrested. All four were charged with possessing a
weapon and drugs.
Halifax Regional Police say they seized a sawed-off
shotgun, a large amount of marijuana, smaller
quantities of morphine and cocaine, hundreds of
ecstasy pills and thousands of dollars in cash.
Mr. Miller was remanded and the other three are
free with conditions until all four return to court
May 15 to plead to the charges.
( darsenault@herald.ca )
Rally Against CAS
May 5, 2006
Wendy Babcock, an advocate for Toronto's prostitutes,
sends us the announcement below. Sex-trade work is
another activity that while legal, is persecuted by
Children's Aid. Comments follow.
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TAKE BACK MOTHER'S DAY
MARCH AND PROTEST
May 14th
2006 at 15 Huntley Street at 2:00pm
For most Canadians, Mother's Day is a time when
families honor their mother's hard work. But for many
of low income families find that on Mother's Day,
peace and joy is in very short supply, especially now
that more than 30,000 of their youngsters languish in
foster homes.
We did not lose our children because of abuse,
rather we lost our children because of poverty, lack
of affordable adequate housing, being single, being
young, having a child with special needs, being in
recovery from substance abuse issues, having survived
an abusive partner, or having worked in the Adult
Entertainment Industry.
Silenced for decades by shame and guilt, we
suffered alone with our grief, believing that we were
the only ones. Now we find that we are not alone.
Mother's Day began as a day to honor the public
activism of mothers. It began in 1870 because
mother's declared that they would not lose their
children as casualties of war.
On Sunday May 14th 2006, lets "Take
Back Mother's Day" by joining with Mother's across
Toronto as we rally in front of the Children's Aid
Society at 15 Huntley Street at 2:00pm to
demand:
- 40% increase in social assistance rates
- The creation of more housing geared to low
income families
- Build more daycare spaces for low income
families
- End to the clawback of child tax benefits
- End the discrimination against mother's who
work in the Adult Entertainment Industry
- End the apprehension of children because their
mother has a disability
- That the city of Toronto create family
orientated treatment centres
Since the Mike Harris cutbacks to social assistance
payments more and more mother's are in precarious
financial circumstances often finding themselves
unable to afford their hydro, gas, telephone and other
necessities. By not being able to afford these
necessities the Children's Aid Society can intervene
and remove the child, citing "neglect".
Cutbacks in social programs — particularly
in the area of housing — have led to shortages
of affordable housing. A recent study by the
Children's Aid Society of Toronto found that in
the year 2000, housing was a factor in one in five
cases where children were taken in care — a
dramatic 60% increase over a similar study in
1992. They also found that lack of adequate housing
caused a delay in the return of children to their
parents in more than 11% of cases.
In cases where their children are taken into care,
parents lose their child benefits forcing them to move
into smaller apartments or rooms inadequate for living
with their children. This creates a catch 22 system
where in order for a mother to get her children back
she must obtain proper living arrangements that she
cannot afford without custody of her children. Thus,
it becomes extremely difficult for low income mother's
to get their children back once their children are
taken into care. Imagine instead a system that
worked in the best interest of the children and their
mother's instead of a system that perpetrates a cycle
of poverty and foster care.
Women with disabilities may find themselves under
the scrutiny of Children's Aid Society by virtue of
their disability alone. Once scrutinized, it may be
difficult to remove oneself from the child protection
system. In some cases, women have contacted the
Children's Aid Society for support and assistance with
parenting, only to find themselves the subject of an
investigation. Other women are reported to the
authority during pregnancy and have to fight to
prevent the removal of their newborn from their care
solely because the authority believes their disability
prevents them from being able to parent. Other women,
perhaps because of vulnerabilities caused by
disability (a tendency to defer to authority, for
instance), enter into what they believe to be
"voluntary" agreements with Children's Aid Society
only to find those voluntary arrangements used against
them later by the same officials.
Many women experiencing substance abuse issues or
mood disorders are often hesitant to seek treatment as
they fear that in doing so they may lose their
children.
Sex workers (dancers, escorts, dominants, phone sex
operators), are also at risk of losing their children
due to their profession. Even though it is NOT
illegal to be a sex worker in Canada, the Children's
Aid workers have discretionary powers for apprehending
children of women working in the sex industry. This
means that if a CAS worker objects to the mother's
profession based on their own personal moral values,
her children can be apprehended and taken into care
regardless of whether they've experienced any actual
abuse.
Furthermore, the number of children who have been
taken into temporary custody as a result of witnessing
their mother's being assaulted increased by at least
870% (no that is not a typo) between 1993-1998.
With limited income supports, affordable regulated
childcare, affordable housing, and emergency shelters
operating at full capacity, there are few options for
women who are being assaulted and abused, leaving them
and their children at risk of continued violence,
poverty and involvement with the Children's Aid
Society. Thus, the shortages in affordable housing
and emergency shelters are closely linked to the
number of children who are victims of prolonged
violence and involvement with the Children's Aid
Society.
THIS MOTHER'S DAY LETS STAND UP FOR
WOMEN AND THEIR CHILDREN AND
TAKE BACK MOTHER'S DAY!
For more information please contact
info@takebackmothersday.com
Comment Further research, and feedback from readers, has disclosed
what may be the true nature of this rally. There can be no question that
prostitutes are an aggreived group — any history of prostitution,
even far in the past, will be held against the mother in any child
protection investigation. The agenda of this rally, starting with increased
social assistance, is identical to that of social services, and the rally
appears to have been organized with professional social services help. The
rally, if successful, could attract the attention of the salacious element
of the press, leading to an opportunity for Children's Aid to tout cases of
children saved from prostitute mothers. This will become another instance
of social services shamelessly betraying the very groups they purport to
champion.
Addendum: This event did not attract the kind of media attention
we feared, only this report in the web publication rabble.ca.
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Taking back Mother's Day
Women took turns at the megaphone, each telling her
story with poverty, discrimination and the
ever-present threat of Children's Aid either taking
their children away, or adopting them to other
families.
by Jenn Watt
May 17, 2006
The radical roots of Mother's Day were embraced in
Toronto last Sunday by a group calling for a stronger
social safety net and reforms to the allowable actions
of the Children's Aid Society in Ontario.
Take Back Mother's Day, a group that calls for a
return to the origins of the holiday (Mother's Day was
originally created by war-protesting mothers in 1872),
rallied at a Children's Aid Society office to demand
an increase in social assistance rates, more day-care
spaces and affordable housing.
They also spoke out against the discrimination
adult entertainment workers and disabled mothers face
when trying to keep their children when the CAS
intervenes.
Standing on a street corner in front of a small
group of mothers and supporters, one unidentified
woman told the crowd about her two children in foster
care, “I felt like shit this morning. People called
to say 'happy mother's day,' but it doesn't feel like
mother's day. I've been fighting for eight years for
my children ... It eats me away.”
Women took turns at the megaphone, each telling her
story with poverty, discrimination and the
ever-present threat of Children's Aid either taking
their children away, or adopting them to other
families.
Many of the mothers who spoke no longer had custody
of some or all of their children and felt helpless in
getting them back.
Take Back Mother's Day was not a day against the
CAS — most of the speakers agreed that there are
some children who are safer in foster care — but
rather against what factors are used to take children
from their parents.
Abuse and neglect are certainly factors for CAS
intervention, but the Take Back Mother's Day
organizers say that there are other factors relating
to family poverty, addictions, disabilities and
employment that lead to children being taken from
their families unfairly.
For the most part, the CAS agrees with the concerns
of the mothers: affordable housing in Toronto is
scarce and social assistance rates make providing for
children extremely difficult.
But, they say that no child has ever been taken
from a parent because she is a sex trade worker or
because of a disability, unless those things impede
the parent's ability to look after her child.
“We don't have any policy related to [sex
workers],” says David Fleming, assistant director of
intake at CAS Toronto.
Fleming has been working with the CAS for 25 years
and says he can remember only one child taken into
protective custody regarding the mother's work in the
sex trade. He says CAS got involved not because the
mother was a sex worker, but because she would leave
her young child alone at night while she worked.
“Whether she's shopping for groceries or an
exotic dancer, the child's alone,” and that's why
the CAS stepped in, Fleming says.
While there is disagreement over how invasive CAS
is to families (the organizers of Take Back Mother's
Day still maintain that many children are taken from
their mothers without just cause), the message of the
rally was that families are hurting because of a
misconceived notion of our social safety net.
Abuse is not the only reason children can't live at
home; sometimes there isn't a house to live in.
According to a report by the CAS in 2000, housing
was a factor in 20.7 per cent of cases where children
were taken into care.
The report also states, “The number of children
admitted to care where housing was a factor increased
by about 60 per cent over the eight-year period —
from about 290 children in 1992 to about 450 in
2000.”
In 2003, there were 73,697 households on the social
housing waiting list in Toronto.
“I fell on hard times, on welfare, and couldn't
afford rent,” says Wendy, an organizer of the rally,
whose child is in foster care.
“My only crime was poverty.”
Jenn Watt is a student at Ryerson University and a
freelance writer in Toronto. She has served an
internship at rabble.ca.
Foster Girl Raped
April 30, 2006
We have had many reports of rape of girls under care
of CAS, this is the first reliable enough to publish.
Here is a slightly edited version of the Canada Court Watch Report.
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Girl alleges rape and cover up by CAS
(April 29, 2006) A young under-age foster teen has
called Court Watch this weekend and informed us that
she was raped while in CAS care and forced to perform
sex in an approved CAS facility and that CAS workers
were fully aware of this but took steps to eliminate
the evidence and to to cover up this mess to avoid bad
publicity for the workers and the agency involved.
She was terrified to report out of fear of what CAS
workers might do to her if she was to tell anyone
outside of the CAS. She said that most kids in care
don't trust police because police usually take sides
with the CAS workers and won't listen to the kids.
Court Watch will be investigating this story further
and will be meet with the girl who has agreed to a
meeting.
Big Sister is Watching
April 30, 2006
Jackson Bortz was seized by Georgia child protectors
after the death of his baby brother, and returned after
public demonstrations in support of the family. Their
account below shows how disruptive the surveillance
after the son's return can be. Many families endure
this ordeal daily, but few express the pain it causes as
well as this bereaved family.
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April 26, 2006
Hello everyone,
We have been so busy trying to get our life back in
order after the past few months. To clarify, we were
in court April 3rd/4th for our adjudicatory hearing.
The Judge found “limited depravation” based on the
fact “that as parents, you should know what is going
on with your children.” He returned Jackson to us
with a protective order, which means that DFCS checks
in on us once a month until the Judge removes the
order. DFCS wanted a psychological evaluation on Don,
which the Judge ordered, and so we are currently
working on this.
Our first home visit with the new CPS caseworker
was last night. She came in and explained that her
job is to do the visits, and to recommend services for
the family. She began by asking us what services we
thought we needed. She brought up that she felt we
needed grief counseling. I told her we have someone
who we talk to, and also have a HUGE support
system.
She stated she needed to see where we sleep, and
that she needed to see our refrigerator and cupboards
to make sure we had food. We asked why she could not
simply ask us, rather than snooping through
everything. She stated that they treat everyone the
same, and that it wouldn’t matter what we were
referred for, that they have to make sure the
children’s needs are being met. As she stated after
seeing the fridge, ‘ no one would starve
here.’
We then showed her where we sleep. She seemed
horrified that we still have the crib up. I don’t
understand this as if they are so concerned with our
feelings, and it helps someone deal with grief, why
not? I don’t believe this is any of their business,
and wish that they would learn their boundaries. Ooh
wait, that’s right. They don’t have any.
Finally she needed to speak with Jackson. She
asked him questions such as “what did you have for
breakfast? Lunch? Dinner? Then she informed me that
she had to check him for bruises. She looked at his
back and stomach. Then she looked at his legs, where
he does have a bruise on either shin from tripping
over a stool the day before yesterday. I told her I
hoped that she would be honest in her recording, and
that I did not trust their reporting as a scratch
Jackson obtained from climbing under a chair while we
were in the hospital with Dylan was reported as him
having “ringworm.” Hopefully, she will be more
accurate and honest than our previous caseworker.
Anyhow, Jackson is doing better. He is calming
down and does seem to be less agitated. He still gets
upset when he hears a police siren, telling me that we
have to ‘go faster, and hide so they can’t get
me.’ He saw a woman at Publix who looked liked his
foster person, and we had to leave the store as he was
convinced she was going to ‘keep him.’ I would say
90% of the time, you would not know how traumatized he
was, but the little things just go to show how much he
has been through. We are finally able to have our
schedule back, and have been working on exercises from
his speech and occupational therapists trying to catch
up on everything. We are doing our “schoolwork”
everyday and he is learning how to add and subtract
single digits.
Dofasco Supports CAS
April 28, 2006
Dofasco has donated $250,000 to Hamilton Children's
aid, according to their press release (pdf). As a quid pro quo will
CAS avoid stealing children from Dofasco employees?
Foster Care for Phantom Kids
April 26, 2006
A lawsuit alleges that a California child protection
agency bills the state and federal governments for care
of children who do not exist. This story, withheld
until authenticated, has now been carried by the San
Jose Mercury-News and the CBS TV channel in San
Francisco, KPIX.
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For Immediate Release:
Contact:
- Karl Hoffower (408)-891-5830
- Doug Linde (310)-203-9555
SANTA CLARA COUNTY NAMED IN $400 MILLION
FALSE CLAIMS DAMAGES SUIT OVER DFCS FRAUD
SUIT ALLEGES CPS CHARGED STATE AND FEDERAL PROGRAMS
FOR NON EXISTENT CHILDREN
After a Federal False Claims Act suit was unsealed
last week, the County of Santa Clara has been served
with a summons to appear on charges of defrauding
State and Federal Social Security funds for Foster
Care.
The suit alleges that the Department of Family and
Children's Services regularly bills the State and
Federal Governments for managing case files of
children that do not exist. The attorney for the case
estimated the damages and fraud at about $400 million
dollars in State and Federal funds.
The Whistleblower in this case reportedly has
copies of documents that show DFCS Management and
Supervisors ordered Social Workers to bill for 5
children in one case rather than for the two children
that the mother actually gave birth to.
Dr. Karl Hoffower, the President of the South Bay
Chapter of the Citizens Commission on Human Rights
said, "We have been receiving complaints against DFCS
for several years. Parents have brought evidence of
improper conduct on the part of Social Workers that
never made sense until now. By this suit it appears
that DFCS Social Workers have a monetary motivation
behind their actions."
Dr. Hoffower went on to say, "This lawsuit could
also be the explanation for why 40% of the case files
in the County's 2003 'Children of Color Study*', that
investigated DFCS on charges of racism, were missing.
While it has always seemed odd that 40% of the DFCS
files were never found for that study, this lawsuit
might have the best explanation for that blunder.they
just never existed to begin with."
The suit further charges that several psychologists
have assisted in defrauding the State and Federal
programs by billing for therapy sessions that never
took place. The Whistleblower alleges that DFCS
contracts with psychologists to perform therapy
sessions to children in the Foster Care System. Those
sessions were reimbursed via a prepaid contract with
the County, yet the Whistleblower's claims no refund
was made when the sessions did not take place. In
fact the suit claims to have evidence that DFCS and
the psychologists agreed that the money didn't have to
be paid back.
The former Ombudsman and current Legal Redress
Officer for the Silicon Valley NAACP, Ms. Nedra Jones
said, "I knew there must be some type of fraud going
on with DFCS. This suit validates the complaints we
tried to bring to the attention of the County back in
2004. The deceitful actions and callous disregard for
the truth was a daily fight we experienced while
trying to work with Social Workers and DFCS
Management. No wonder we had a hard time trying to
help right the wrongs of DFCS, they didn't want us
looking too far into their cases for fear of being
found out."
If you think you have had your rights violated by
Social Workers or DFCS, call the CCHR hotline at
1-800-330-7290.
The children of Color Study's full title, "An
Evaluation of Factors Related to the Disproportionate
Representation of Children of Color in Santa Clara
County's Child Welfare System"
http://www2.sjsu.edu/depts/SocialWork/cwrt/
Dr. Karl Hoffower, D.C.
President, South Bay Chapter
Citizens Commission on Human Rights
"Cleaning up the field of mental health since 1969."
www.cchr.org
www.fightforkids.org
Social Workers Attacked
April 26, 2006
The CBC publishes an article in the form of a plea by
nurses and social workers for more protection. It seems
social work is now a dangerous profession, but unlike
forestry and coal mining, the danger comes not from
accidents but from client attacks. Rather than making
social work more responsive to client needs, the
profession now seeks security. Carried to its
conclusion, social workers will be carrying sidearms and
riding in bullet-proof cars.
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CBC.CA
Health, social services workers top
targets of violence
Last Updated: Apr 25 2006 10:48 AM CDT
Health-care and social-assistance workers are much
more likely to file compensation claims over violence
in the workplace than employees in other Canadian
sectors, a CBC News investigation suggests. In
Manitoba, the rate of violence-related claims is 11
times higher than for all other industries, according
to databases from the Worker's Compensation Board.
Nurses, nursing assistants, social and
mental-health workers in Manitoba reported 1.95
violent incidents per 1000 workers in 2004, compared
with 0.16 incidents per 1000 workers in other
industries.
Glenn Stobbe, president of the Manitoba Nurses'
Union local at Seven Oaks Hospital, says the CBC
investigation revealed what many nurses already know:
that the level of abuse in hospitals is on the
rise.
MNU officials say three-quarters of nurses fear
violent situations on the job. It's a fear Stobbe
identifies with; he was assaulted a few years ago by
someone visiting a patient.
"The fellow came at me from out of nowhere, and he
jumped me … banged my head on a wall a few times and
sent me home for a few weeks." he said.
"Visitors come into the hospital — you may
know the patient, but you don't know the visitor. You
don't know the family."
MNU president Maureen Hancharyk blames a number of
factors for the higher rate of violent incidents among
nurses.
"We are seeing in hospitals and personal care homes
more people who are substance abusers. We have staff
shortages and certainly that increases the violence
because people are just not happy when they are having
to wait," she said.
"I think society is just increasingly violent and
we're seeing it in our patients."
Hancharyk says the union has been calling for
increased security in medical facilities to protect
nurses, suggesting the provincial government should
hire security staff for emergency rooms and provide
personal alarms to medical staff.
Training not mandatory
Some workers say they get almost no recognition for
the dangers they face on a daily basis.
Lee McLeod, who works with Child and Family
Services of Central Manitoba, says several of his
co-workers have been assaulted on the job, and he
himself has been threatened.
"You're dealing with extremely violent situations.
It's amazing to me that more workers don't get
assaulted," said McLeod, who also heads his Canadian
Union of Public Employees local.
McLeod says CFS workers who apprehend children and
deal with distraught family members do dangerous work,
but they don't receive specific training on ways to
deal with volatile or violent situations, nor do they
have any special equipment — not even cell
phones.
"I've got friends who work for customs, and they
just can't believe that we have to fight for basic
things like cell phones," he said.
A spokesman for the province's child protection
branch said training is available to employees, but it
is not mandatory for frontline CFS workers, something
he admitted may have to change.
"I think we need to look at that," said Jay
Rodgers.
Tougher rules could help: researcher
Anthony Pizzano researches health and safety for
the Canadian Union of Public Employees. He says
without tougher regulations, even more of his members
will get injured.
"What will happen is that we will have a reactive
situation, whereas health and safety legislation in
general is supposed to be preventive," he said.
Provincial officials are working on new regulations
to protect workers in situations that could be violent
or dangerous.
"What we want is employers to provide safe
workplaces for our employees," said Labour Minister
Nancy Allan. "The employer will be required to have a
look at what kind of risks are in the workplace and
have a plan to deal with those risks."
Allan says the new regulations will be out soon.
Swedes Sue Over Foster Abuse
April 25, 2006
Swedes are suing for abuse in foster care. Comments
follow the article.
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news24.com
Abused Swedes set to sue govt
24/04/2006 22:14 - (SA)
Stockholm - A group of Swedes who say they were
subjected to abuse while in foster care in the 1950s
and 1960s announced on Monday they had filed a
class-action suit against Swedish authorities and were
demanding millions of dollars in damages.
"We are suing the authorities because of their lack
of supervision," said Torbjoern Thunstroem,
spokesperson of the Stolen Childhood Association,
citing cases of sexual abuse, rape and physical
beatings.
"We want compensation for our suffering. Many of
us have carried this abuse through our emotional lives
and have not been able to function in society.
Many of us have missed out on an education, many
have had to go on disability, others have been on
long-term sick leave from work. We have suffered our
whole lives," said Thunstroem.
Thirty-two former foster children have signed the
lawsuit submitted to Stockholm's district court, but
Thunstroem said he expected their number to grow to
100.
They are demanding one million kronor (about R790
000) each for each year they were in foster care.
The lawsuit concerns children who were placed in
foster care, many against their families' will, during
the 1950s and 1960s, although a number of cases were
more recent.
Thunstroem said authorities in some cases removed
children from their homes and placed them in care
merely because the parents were poor.
"If you didn't have a bed for your child, that was
enough to have them take your child away," he said,
speculating that social workers were "very naive back
then and set very low standards" for foster families.
Thunstroem himself was placed in a foster family at
the age of 11, in 1971.
"I had to sleep in the barn and had to work to pay
my keep. I had to clean the barn and milk the cows...
"The whole time, I was told I was worthless. I ran
away after four years," he said.
100 000 kids in care
Municipal authorities had the task of placing the
children, and Monday's lawsuit was filed against the
Stockholm municipal authority. Other suits are
planned in the cities of Gothenburg and Malmoe.
According to the national board of health and
welfare, about 100 000 children were placed in
institutional care from 1950 to 1980.
Swedish authorities are investigating separately
reports of abuse at the country's orphanages during
that period.
Comments: This lawsuit asks from relief from
the same authority that committed the abuse. The abuse
of children continues in Sweden at the same rate as, or
higher than, during the period covered by the
litigation, so the Swedish government is unlikely to
admit, through its courts, that its actions were
wrongful.
Among CAS victims the most popular suggestion for
relief is a class-action lawsuit. For the same reasons
as in Sweden, it is unlikely to succeed. A past scandal
in Canada was diverted when Canada placed the blame for
abuse of aboriginal children on the churches who
provided the foster care.
Money for Drug Pushers
April 24, 2006
One of the functions of Children's Aid is to enforce
drug prescriptions for children, under the pretext that
failure to follow a doctor's orders is medical neglect.
One of the stages in the forcing of drugs into children
is the definition of psychiatric disorders. The article
below shows that drug money is distributed to experts
managing that stage.
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The Washington Post
Experts Defining Mental Disorders Are
Linked to Drug Firms
By Shankar Vedantam
Washington Post Staff Writer
Thursday, April 20, 2006; A07
Every psychiatric expert involved in writing the
standard diagnostic criteria for disorders such as
depression and schizophrenia has had financial ties to
drug companies that sell medications for those
illnesses, a new analysis has found.
Of the 170 experts in all who contributed to the
manual that defines disorders from personality
problems to drug addiction, more than half had such
ties, including 100 percent of the experts who served
on work groups on mood disorders and psychotic
disorders. The analysis did not reveal the extent of
their relationships with industry or whether those
ties preceded or followed their work on the
manual.
"I don't think the public is aware of how egregious
the financial ties are in the field of psychiatry,"
said Lisa Cosgrove, a clinical psychologist at the
University of Massachusetts in Boston, who is
publishing her analysis today in the peer-reviewed
journal Psychotherapy and Psychosomatics.
The analysis comes at a time of growing debate over
the rising use of medication as the primary or sole
treatment for many psychiatric disorders, a trend
driven in part by definitions of mental disorders in
the psychiatric manual.
Cosgrove said she began her research after
discovering that five of six panel members studying
whether certain premenstrual problems are a
psychiatric disorder had ties to Eli Lilly & Co.,
which was seeking to market its drug Prozac to treat
those symptoms. The process of defining such
disorders is far from scientific, Cosgrove added:
"You would be dismayed at how political the process
can be."
The American Psychiatric Association, which
publishes the guidelines in its bible of disorders,
the Diagnostic and Statistical Manual (DSM), said it
is planning to require disclosure of the financial
ties of experts who write the next edition of the
manual -- due around 2011. The manual carries vast
influence over the practice of psychiatry in the
United States and around the world.
Darrel Regier, director of the association's
division of research, said that concerns over
disclosure are a relatively recent phenomenon, which
may be why the last edition, published in 1994, did
not note them. Regier and John Kane, an expert on
schizophrenia who worked on the last edition, agreed
with the need for transparency but said financial ties
with industry should not undermine public confidence
in the conclusions of its experts. Kane has been a
consultant to drug companies including Abbott
Laboratories, Eli Lilly, Janssen and Pfizer Inc.
"It shouldn't be assumed there is a true conflict
of interest," said Kane, who said his panel's
conclusions were driven only by science. "To me, a
conflict of interest implies that someone's judgment
is going to be influenced by this relationship, and
that is not necessarily the case. . . ."
The DSM defines disorders in terms of
constellations of symptoms. While neuroscience and
genetics are revealing biological aspects to many
disorders, there has been unease that psychiatry is
ignoring social, psychological and cultural factors in
its pursuit of biological explanations and
treatments.
"As a profession, we have allowed the
biopsychosocial model to become the bio-bio-bio
model," Steven Sharfstein, president of the American
Psychiatric Association, said in an essay last year to
his colleagues. He later added, "If we are seen as
mere pill pushers and employees of the pharmaceutical
industry, our credibility as a profession is
compromised."
He stressed that the association has strict
guidelines to police the role of the pharmaceutical
industry but said the profession as a whole needs to
do a better job monitoring ethical conflicts.
Sharfstein added yesterday that the presence of
experts with ties to companies on the manual's expert
panels is understandable, given that many of the top
experts in the field are involved in drug
research.
"I am not surprised that the key people who
participate have these kinds of relationships," he
said. "They are the major researchers in the field,
and are very much on the cutting edge, and will have
some kind of relationship -- but there should be full
disclosure."
At least one psychiatrist who worked on the current
manual criticized the analysis. Nancy Andreasen of
the University of Iowa, who headed the schizophrenia
team, called the new analysis "very flawed" because it
did not distinguish researchers who had ties to
industry while serving on the panel from those who
formed such ties afterward.
Two out of five researchers on her team had had
substantial ties to industry, she said. Andreasen
said she would have to check her tax statements to
know whether she received money from companies at the
time she worked on the panel, but said, "What I do
know is that I do almost nothing with drug companies.
. . . My area of research is neuroimaging, not
psychopharmacology."
The analysis could not determine the extent or
timing of the financial ties because it relied on
disclosures in journal publications and other venues
that do not mention many details, said Sheldon
Krimsky, a science policy specialist at Tufts
University who also was an author of the new study.
Whether the researchers received money before, during
or after their service on the panel did not remove the
ethical concern, he said.
Krimsky, the author of the book "Science in the
Private Interest," added that although more
transparency is welcome, the psychiatric association
should staff its panels with disinterested
experts.
"When someone is establishing a clinical guideline
for the bible of psychiatric diagnosis, I would argue
they should have no affiliation with the drug
companies in those areas where the companies could
benefit from those decisions," he said.
Registry Leads to Murder
April 19, 2006
The Maine sex
offender registry has led to the vigilante death of
two persons. The Boston Globe has found other similar
deaths in the past.
Ontario maintains a child abuse registry. Unlike the
sex-offender lists, most registered child abusers have
never been convicted of a crime. The standards for
entry onto the list are so lax that social service
agencies do not take them seriously, as is shown by the
events leading to the death of Jeffrey Baldwin.
The child abuse registry is not available online to
the general public, but persons inside social services
can read it easily, exposing parents to retribution by a
more limited class of vigilantes.
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The Boston Globe
Sex crime disclosure questioned
Maine killings refuel debate over registries
By John R. Ellement and Suzanne Smalley, Globe
Staff | April 18, 2006
One of the two Maine sex offenders killed by an
apparent vigilante was listed in the state's online
registry because of a 2002 conviction for having sex
with a minor when he was 19.
The death of William Elliott, 24, is reigniting the
national debate over sex offender registries. His
anguished mother said yesterday that he should not
have been on the same list as criminals who preyed on
children.
He had been convicted of having sex with a
girlfriend who was two weeks shy of her 16th birthday,
the mother said. "My son was not a pedophile," said
Shirley Turner. "He shouldn't have been labeled that.
. . . He just wanted to love that girl and make a
family; that's all he wanted to do."
Without the registry, "he'd still be alive today,"
Turner said. ''I'd still have him."
In Massachusetts, information on only the most
serious sex offenders is posted online, but in Maine
everyone convicted of a sex crime is listed with an
address and picture in a database accessible to anyone
with an Internet connection.
Stephen A. Marshall looked up details on Elliott
and Joseph L. Gray, 57, whom he is also suspected of
shooting, along with 32 others on Maine's registry,
state public safety officials said yesterday.
Shut down on Sunday while authorities searched for
Marshall, who killed himself aboard a bus outside
South Station in Boston as police closed in, Maine's
online registry was reactivated yesterday afternoon.
It still included information on Gray and Elliott,
including their photographs and home addresses.
According to state records, Elliott pleaded guilty
in 2002 to two misdemeanor counts of sexual abuse of a
minor, the equivalent of statutory rape in Maine,
where the age of consent is 16. He served four months
in jail.
According to Gray's posting, he was convicted in
Bristol County in Massachusetts in 1992 of indecent
assault and battery on a child and rape of a child and
was sentenced to four to six years in state
prison.
Gray's daughter, Wendy Colby, 33, of Attleboro,
said her father registered as a sex offender because
authorities told him to do so. "He was just being a
good citizen," she said. ''And look where it got
him."
Stephen McCausland, a spokesman for the Maine
Department of Public Safety, said police were able to
track Marshall's searches of the offender list because
users have to register to gain access to details of
offenders' listings. Because Marshall registered with
his real name and address, investigators could see
which profiles he viewed, McCausland said.
McCausland said that about 2,200 sex offenders are
listed in the registry, which he said is so popular
that it crashed the state government website when it
was first put up about five years ago. He said the
site currently generates about 100,000 hits a
month.
"It has been an informational tool that has worked
for what it was intended to do: to provide the public
information about convicted sex offenders," he
said.
McCausland said officials will discuss making
changes to the site as the investigation proceeds,
including possibly restricting how much and what type
of information about offenders is put online.
Representative Patricia A. Blanchette,
cochairwoman of the Maine Legislature's Criminal
Justice and Public Safety Committee, said yesterday
that the state may need to reconsider posting the
names of those convicted of statutory rape, having sex
with those younger than 16.
She said, however, that she would resist any effort
to shut down the site. "Because two people that were
on that website were horribly killed doesn't take away
the need for that website," she said.
Blake Harrison of the National Conference of State
Legislatures said many states list all sex offenders
in their online registries. Others, including
Massachusetts, restrict the listings to the offenders
considered at the highest risk to commit more
crimes.
The online registries mushroomed after Congress
passed a law in 1996 requiring states to disclose such
information. More than 500,000 sex offenders are
listed nationwide. All but four states offer at least
the name and address of some sex offenders online.
Critics say that is dangerous not only for sex
offenders, but the public at large.
"The strange thing about these lone vigilante cases
is it's the address that's guilty," said Jack King, a
spokesman for the National Association of Criminal
Defense Lawyers in Washington. "The person inside
that home may or may not be the target, and the
vigilante doesn't care.
A New Hampshire man, Lawrence Trant, is in prison
for the attempted murders in 2003 of two convicted sex
offenders whose names he found on the state's sex
offender registry. In Washington state, 35-year-old
Michael Anthony Mullen was sentenced last month to
more than 44 years in prison for shooting to death two
convicted child rapists whose names he found on a sex
offender website.
State Senator Scott P. Brown, a Wrentham
Republican, introduced legislation late last year to
expand the Massachusetts registry to include all
defendants convicted of sex offenses involving a
child. The bill is still in committee, but Brown said
the killings in Maine have not changed his mind about
its importance. "The public's need for information
outweighs any potential risks," he said yesterday.
Carol Rose, executive director of the American
Civil Liberties Union of Massachusetts, disagreed.
"If someone registered on the Internet is murdered,
it's much less likely people will continue to
register, and they will be driven underground," Rose
said. "And that will make it harder to seek treatment
for their problem."
Maria Cramer of the Globe staff contributed to this
report. Ellement can be reached at
ellement@globe.com; Smalley at ssmalley@globe.com.
Case Notes Faked
April 18, 2006
Canada Court Watch has recorded a former foster child
who reports that she was assigned the chore of writing
case notes for a social worker, freeing the worker to
watch TV. Listen to the mp3 recording.
Brantford Police Admit Mistake
April 15, 2006
Here is a follow-up on our story about a child seized with threats instead of cause,
this time in The Brantford Expositor.
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April 13, 2006
Police acknowledge error in handling
of CAS case
Police board chairman: 'They shouldn't have
done that'
Stories and photo by Susan Gamble
Expositor Staff / Brantford
City police officers made a mistake when they
forced their way into a child's home and threatened
her mother with arrest unless her daughter was turned
over to the CAS, says the police board chairman.
"They shouldn't have done that," Bob Lancaster said
in a recent interview.
"That was the one error made by police and now it's
a training issue," so it won't happen again."
But that doesn't satisfy a Burlington child court
advocate who was asked to intervene in the Brantford
case.
Anne Marsden appeared at a recent police board
meeting to explain her concerns about a September 2005
incident where a Children's Aid Society worker,
accompanied by police officers, apprehended a
three-year-old girl. The CAS had suspicions that a
man they considered to be unsafe was living in the
house.
Later, it was determined the man was living in a
different community and, after a court appearance, the
child was returned to her mother.
Marsden maintains the damage done to the child is
irreversible.
She and the child's mother laid an official
complaint with police but the complaint was lost.
Insp. Scott Easto, who normally deals with such
matters, said the complaint was somehow lost while he
was away on vacation.
Police Chief Derek McElveny wrote an apology to the
mother and asked for a copy of the complaint.
And Lancaster said the board addressed the problem
by advising the police to set up a system to ensure a
signed complaint can't be lost.
But Marsden still insisted on speaking to the board
about their protocol in having police assist with CAS
apprehensions.
"The police made five visits to that home before
finding the mother in and yet, on the Internet, the
police board chair has clearly stated that additional
resources are required for the police to perform their
duties," said Marsden. "I wanted to talk to them
about how they are allocating their resources."
After much discussion, Marsden agreed to speak at a
closed meeting of the board in March
SEVEN-PAGE REPORT
She presented a seven-page report detailing how
police removed the child from her home.
Marsden says she believes police participated in an
abduction since there was no warrant, no valid cause
for concern and threats of arrest made against the
mother.
She says public resources were used to cause
emotional trauma to the child.
She laid a complaint against the chief of police
for not responding to her plea to return the child
immediately and for his handling of the original
complaint from the mother and Marsden.
But her complaint was dismissed by the police as
vexatious, frivolous and in bad faith.
"She's wrong in her assumptions," explained Easto.
"The (Child and Family Services Act) says if a child
is in need of protection, the police must act. If we
didn't act and the child is then harmed we would be
held responsible."
According to the Ontario Association of Children's
Aid Societies, many area CAS's have a protocol with
police services for when they make a child
apprehension.
Easto said it's unreasonable to expect that the CAS
or police will always have a warrant filled out in
order to complete an apprehension since, in the case
of emergencies, timing would be critical.
Marsden was angry that her appearance before the
board was held behind closed doors.
"We have been refused a public hearing by the board
on issues which impact all residents of Brantford
whose taxes contribute to the Brantford police
budget," she said in her written presentation.
Lancaster said Marsden was heard in private because
her complaint related to the chief of police.
The Police Services Act allows boards to close
their doors to the public if they are dealing with
matters of public security, finances or personal
matters -- as long as it's more important to avoid
disclosure than it is to adhere to the principle of
keeping the meetings public.
The Brantford Expositor lets the police statements go
uncontested. We don't.
For comment on the view that the child was safe
because there was no man in the house, refer to Stephen Baskerville.
A complaint that a child was taken from her mother
without cause was treated as "vexatious, frivolous and
in bad faith", a comment worthy of Alice in
Wonderland.
The (Child and Family Services Act) says if a child
is in need of protection, the police must act. If we
didn't act and the child is then harmed we would be
held responsible.
The CFSA gives child protectors powers without
obligations. No one in the child protection industry
has been held responsible for harm to a child, even
fatal harm.
CBC Exposes CCAS
April 14, 2006
The CBC program The Fifth Estate on April 12 dealt
with the death of Jeffrey Baldwin. The following
article deals with one issue raised in the program.
More comments follow.
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The Toronto Sun
April 13, 2006
Jeffrey's parents apologize
By BRETT CLARKSON AND SAM PAZZANO, TORONTO SUN
In their first public statement about their son's
horrific death, Jeffrey Baldwin's biological parents
apologized for failing the boy in a television
interview aired last night.
"We both failed," said Yvonne Kidman, Jeffrey's
biological mother, in an interview on CBC's The Fifth
Estate.
"I live with that guilt every single day," Richard
Baldwin said. "I want everybody to know -- I
apologize. I let my son down and I let the rest of my
children down."
IN COURT
Jeffrey was almost six years old when he starved to
death in November 2002 while in the care of Kidmans'
parents, Elva Bottineau and Norman Kidman.
Yesterday, Bottineau and Kidman were in court to
hear sentencing for how much time either would serve
before being eligible for parole. That was postponed
until May 17.
Last Friday, Bottineau, 54, and Kidman, 53, were
found guilty of second-degree murder in Jeffrey's
death. Both convicted child abusers from the 1970s,
the pair have started serving their life
sentences.
An at-times angry Kidman lashed out at her mother
as the interview focused on Bottineau's successful bid
to win custody of Kidman and Baldwin's four children,
including Jeffrey.
Bottineau eventually won custody of all the kids
after taking in Jeffrey's sister, after that child was
reportedly left unattended during a fight between the
young parents.
Because Bottineau received $125 from social
assistance per child, Kidman couldn't help but wonder
if her mother had taken the kids under her wing solely
for a cash-in.
"Right now I'm pretty pissed with her," Kidman
said.
"And I got a lot of questions I would like to ask
her but can't do them over the phone."
Richard Baldwin said attempts to ask about the
obviously malnourished children were met with strong
resistance.
"I knew they were drinking from the toilet,"
Baldwin said. "We voiced concerns, but then all we'd
get is arguments, and basically, 'If you don't like
the way things look, leave!'"
The parents said they didn't go to the Catholic
Children's Aid Society because they felt nobody would
take their word against Bottineau's.
The Fifth Estate dealt candidly with the horrors of
Jeffrey Baldwin's death. It also considered the
culpability of CCAS and tried to interview them. When
faced with the excuse that the case could not be
discussed during trial, the Fifth Estate rescheduled its
broadcast until after the trial, but CCAS still
demurred. The CBC indulged in the invasive technique of
approaching Mary McConville in a public place to ask
questions. She suggested that her press release was all that needed to be said.
As for Jeffrey's parents, they have no need to feel
guilt over their inaction. Faced with parental
complaints, other child protection agencies have ignored
them, or when the complaints became burdensome, punished
the parents by cutting off all remaining access to their
children. Even worse, when the family gets evidence of
abuse by child protectors, the child disappears without
a trace. For example, the child we know as Howard joined the
desaparecidos when a recording was posted on the
internet giving evidence of a sex crime committed by a
social worker.
You can view the program online. Go to the page Failing
Jeffrey and click on the button for "Watch this
story online". You will need Windows Media Player.
Social Worker Exonerated
April 14, 2006
Last year we twice reported on the case of Denise C
Moore, whose actions led to the death of her ward
through failing to check the criminal records of a
prospective adoptive parent, a case similar to that of
Jeffrey Baldwin. See January 2004 and February 2004.
She was convicted of the crime of obstruction of
justice, but given a sentence of probation, light for a
case involving the death of a child.
Well, social workers do not need to worry. Her
conviction has been overturned on appeal. So once
again, we know of no case in which a social worker has
been held accountable for harm to her ward, even fatal
harm.
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The Fort Wayne News Sentinel
Posted on Wed, Apr. 12, 2006
Court overturns caseworker's
conviction in boy's death
Associated Press
INDIANAPOLIS - The Indiana Court of Appeals
overturned a former caseworker's conviction on a
charge stemming from the death of a 4-year-old boy
whom she helped place with an abusive family.
A jury in 2005 cleared Denise C. Moore of two
counts of negligence in Anthony Bars' death but found
her guilty of obstructing justice. A judge sentenced
her to 18 months probation.
The appeals court ruled Wednesday that while Moore
was negligent in how she handled placing Anthony and
his twin sister, LaToya, she was not guilty of
obstruction. The court also said a five-year statute
of limitations had expired by the time the state
charged Moore.
Prosecutors had claimed Moore lied about doing a
proper background check on L.B. and Latricia Bars,
who adopted the twins in 1999. They said a check
would have found three substantiated cases of abuse in
the couple's home and that L.B. Bars was convicted in
1987 of felony battery for whipping his daughter with
an extension cord.
Anthony Bars, 4, was beaten and starved before
dying in January 2002. His sister was left mentally
handicapped by the abuse.
The Barses were convicted of child neglect.
Latricia Bars was sentenced to 13 years in prison,
though a judge later reduced that to 10 years. L.B.
Bars was sentenced to eight years.
The case prompted changes in the state's
child-welfare system, including the creation of a new
Department of Child Services and hiring more
caseworkers.
"This case represents a tragic failure in the
system that ought to have protected (the children)
from being placed in an abusive home," the appeals
court wrote.
Man Prevented from Recording Court
April 11, 2006
On April 6, 2006 David Sykes
was prevented from entering the Brampton Courthouse with
a recording device (pdf link). This despite a law
specifically permitting a party to record his own
case.
Ontario Courts of Justice Act
136 (2) (b) Nothing in subsection (1), prohibits a
lawyer, a party acting in person or a journalist from
unobtrusively making an audio recording at a court
hearing, in the manner that has been approved by the
judge, for the sole purpose of supplementing or
replacing handwritten notes.
According to Canada Court Watch, the clause about
manner approved by the judge allows the judge to control
disruption by massive recording equipment. Today's tiny
devices cannot be disruptive.
Addendum: More from Canada Court Watch:
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Judges can do a good job (when they
want to)
(May 1, 2006) Today, Court Watch reporters attended
a Brampton, Ontario court presided by Justice O'Connor
in follow up to a complaint that security officers at
the Brampton court had threatened to arrest a citizen
for bringing a recording device into the court
building as is legally permitted. After the party
sent a complaint letter to the chief of police in
Peel, the party was allowed to pass security on this
day with his recording device without incident.
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