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More recent news
German Girl Rejoins Parents
May 18, 2007
The German girl
snatched from her parents to end homeschooling returned
to her parents, first without approval of the law, and now
with it. So a Nazi law to place the education of all
children under control of the state is no longer enforced in
Canada
Germany.
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POLICE STATE, GERMANY
Court gives Melissa back to family
Says teen not in danger in homeschooling environment
Posted: May 17, 2007, 1:00 a.m. Eastern
By Bob Unruh
Melissa Busekros, after her return to her home.
(Photo courtesy Klaus Guenther)
A German appeals court has ordered legal custody of Melissa Busekros, the teenager who was taken from her home by a police squad and detained in a psychiatric hospital for being homeschooled, be returned to her family because she no longer is in danger.
Confirmation of the decision by the appellate level court in Bavaria came from the Home School Legal Defense Association, with 80,000 member families probably the world's premiere homeschool advocacy organization. It has been helping Melissa's parents, Hubert and Gudrun, with the legal battle for their daughter.
The HSLDA's translation of the German appeals court ruling said custody of the 16-year-old was returned to the family, because while it was "appropriate" for the judge to do what he did at the time, when he ordered her taken into custody, new information now reveals the lack of danger.
The lower court's ruling had ordered police officers to take Melissa – then 15 – from her home, if necessary by force, and place her in a mental institution for a variety of evaluations. She was kept in custody from early February until April, when she turned 16 and under German law was subject to different laws.
At that point she simply walked away from the foster home where she had been required to stay and returned home, but she and her family had been living under the possibility that police would intervene again.
The appellate court's decision said "observations" of Melissa over the last few months "show there is no danger to her well-being and she may now stay with her family," according to Michael Donnelly, a lawyer working with the HSLDA.
The appeals court referred the case back to the local social welfare office that originally brought the complaint resulting in Melissa being removed from her home.
Donnelly pointed out the ruling does not change the climate of harassment in which the case originally developed, because homeschooling remains illegal in Germany. However, he called the decision a huge victory for the family.
"And a costly one. Their attorneys fees already are in the tens of thousands of dollars," he said. The HSLDA already has set up a fund – linked under its reports on homeschooling in Germany – for volunteers to help defray those costs, he said.
WND reported earlier on confirmation from Joel Thornton, president of the International Human Rights Group, that authorities had told the family's lawyer they would "de-escalate" the case.
That statement was issued not long after the teen fled government custody on April 23, her 16th birthday.
Thornton said because of the different German laws that apply to children depending on their age, when Melissa reached the age 16 on April 23, she left a note for the foster family where she had been ordered to stay and returned home on her own, arriving at 3 a.m. to surprised parents and siblings.
"In a letter to the family's attorney, the youth welfare agency responsible for taking her from her home affirmed that they were going to 'de-escalate' the situation and allow her to remain with her family as long as they would continue to dialogue with authorities," Thornton confirmed earlier.
A separate website, FreeMelissaB.com, launched by American homeschool leaders, also had been lobbying on behalf of Melissa, as well as providing contact information for German officials key to the case.
Melissa had fallen behind in math and Latin and was being tutored at home. When school officials in Germany, where homeschooling was banned during Adolf Hitler's reign of power, found out, she was expelled. School officials then took her to court, obtaining the order requiring she be committed to a psychiatric ward.
Wolfgang Drautz, consul general for the Federal Republic of Germany, has commented on the issue on a blog, noting the government "has a legitimate interest in countering the rise of parallel societies that are based on religion or motivated by different world views and in integrating minorities into the population as a whole."
Drautz said homeschool students' test results may be as good as for those in school, but "school teaches not only knowledge but also social conduct, encourages dialogue among people of different beliefs and cultures, and helps students to become responsible citizens."
The German government's defense of its "social" teachings and mandatory public school attendance was clarified during an earlier dispute on which WND reported, when a German family wrote to officials objecting to police officers picking their child up at home and delivering him to a public school.
"The minister of education does not share your attitudes toward so-called homeschooling," said a government letter in response. "... You complain about the forced school escort of primary school children by the responsible local police officers. ... In order to avoid this in future, the education authority is in conversation with the affected family in order to look for possibilities to bring the religious convictions of the family into line with the unalterable school attendance requirement."
Thornton has told WND many other Christian families who object to the German government's sexualized education system are facing persecution, too.
Three other families recently released a letter pleading with Christians worldwide for prayer because of their "difficulties" – fines equal to thousands of dollars, frozen bank accounts and even the threat of the sale of the family home – because they homeschool their children.
The letter came from Alexander and Helene Schneider, Johann and Katharina Harder and Heiko and Anna Krautter and was released through the IHRG.
Thornton told WND the situations are becoming dire and parents more fearful about losing custody of their children because of what happened with Melissa.
"We are turning to all believing gospel Christians and Baptists in the CIS, Europe and America," the three sets of parents wrote. "We are three families of the church in Bischofswerda, and we homeschool our children. For that reason, we had to deal with numerous difficulties with the authorities."
The families cited fines of up to $4,000 the government has imposed – so far.
"We ask that you pray for us and that you make your voice heard before the secular powers," said the letter.
"The German government is taking these actions simply because these parents homeschool their children," Thornton said. "With a very strong Christian faith and a conviction that they should be allowed to raise their children in a Christian educational environment, these families are taking a stand, particularly regarding their right to oversee the sex education of their children as well as protect them from occult influences."
He also said he was able to meet with members of the Brause family, about whom WND has reported. The German courts already have granted custody of the family's five children to social workers, although they had not yet moved them out of the family home.
Michael Farris, founder of the HSLDA, has said he believes the German treatment of Christian homeschoolers is the "edge of the night that's coming" for believers.
"Germany is the only Western democracy taking this incredibly hard-line approach, but there are growing clouds on a number of national horizons," Farris told WND.
"The philosophy that the government knows best how to raise children is really becoming a worldwide phenomenon," Farris said. "I think Germany represents the edge of the night that's coming."
For the U.S., Farris has called for an amendment to the U.S. Constitution to protect the right of parents to educate their children at home.
Bob Unruh is a news editor for WorldNetDaily.com.
Take More Children!
May 16, 2007
The Saskatchewan children's advocate wants to take more
children from mom and dad in the name of safety. This is
the kind of report we can expect in Ontario as long as the
child advocate is a career social worker.
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CBC News
Cultural, political agendas put ahead of needs of Sask. kids: report
Last Updated: Tuesday, May 15, 2007 | 3:12 PM CT The Canadian Press
Family ties, cultural issues and political agendas are being placed ahead of the welfare of kids, Saskatchewan's children's advocate said in a report released Tuesday.
Marvin Bernstein said in his annual report that children are being left in homes where there is too much risk of harm, and too many chances are being given to some parents.
He said it is important to have the family and cultural needs of children met.
But in his annual report, the advocate warned that those needs don't trump safety considerations or the need for protection.
The report, tabled in the legislature Tuesday, says the Saskatchewan Child and Family Services Act is "out of step" with most child protection statutes in Canada.
Bernstein is calling on the province to commit to a plan to raise the standard of services for children and youth.
Sure Way to Keep Baby
May 16, 2007
This article deals with unassisted home birth while
avoiding one of its prime motivations. It is the most
dangerous medically and the safest from social services.
Many women have already given birth at home to avoid
baby-snatching in the delivery room.
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DIY delivery
ADRIANA BARTON
From Tuesday's Globe and Mail, May 15, 2007 at 8:41 AM EDT
BURNABY, B.C. — When Nicole Becker felt the pangs of late labour in January, she lit candles in the bathroom of her two-bedroom flat in Burnaby, B.C., and filled the tub. Only her husband and the couple's four-year-old son looked on as baby George slid into the water. "It was my dream birth," Ms. Becker says.
Ms. Becker planned throughout her pregnancy to give birth without a midwife, doctor or other birth attendant. After using a doula for her first child's home birth, Ms. Becker decided that the job of a good midwife is to "let the process happen," she says. So with George she decided to go solo.
Choosing to deliver without skilled help remains a controversial and uncommon choice. But now, spurred by the Internet, unassisted childbirth is reaching a broader range of women than ever before.
On sites such as
Birthjunkie.com,
Mothering.com and
Trustbirth.com,
women trade tips on such topics as how to measure the uterus to calculate the due date and how to figure out if the baby is breech. One of the most popular sites,
Unassistedchildbirth.com,
now has 30,000 to 40,000 visitors each month.
Jodie Boychuk gave birth unassisted at home to her
second child, Eloise, in 2005, after a difficult
recovery from the cesarean birth of her first child.
(Charla Jones/The Globe and Mail)
Many women join one of nearly 100 Yahoo groups that list unassisted childbirth in their subject lines, including UCbirthnews, an online newsletter with over 1,110 members. They also browse online for books, videos and do-it-yourself resources such as Unhindered Childbirth - The Online Childbirth Class
(at Unhinderedliving.com)
as well as inflatable birthing pools.
"People who wouldn't have considered this years ago are considering it now," says Laura Shanley of Boulder, Colo., who wrote the influential book Unassisted Childbirth in 1994 and runs the website
Unassistedchildbirth.com.
Until recently, "I was hearing more from hippie types, people more on the fringe," says Ms. Shanley, who gave birth to five children without medical attention - including one breech presentation. "I do think it's getting more into the mainstream."
But most doctors and registered midwives strongly oppose the practice. Skilled attendants play a crucial role in identifying problems such as hemorrhages and fetal distress before they become emergencies, they say.
In a few cases, child welfare authorities in Canada and the United States have investigated parents who planned unassisted births.
Although there are no large or recent studies on the outcomes of planned unassisted childbirth, the evidence stacked against the practice is "overwhelming," according to Vyta Senikas, associate executive vice-president for the Society of Obstetricians and Gynecologists of Canada.
Dr. Senikas questions the rationale for choosing unassisted childbirth. "By all means, choose the home," she says, "but have a skilled attendant there."
Childbirth is a natural process, she adds, "but you can die and you can end up having problems."
Advocates of unassisted birth say that any medical interference, no matter how well-meaning, can disrupt the instinctive and hormonal processes of labour, triggering a stress response that halts the birth's progress. They believe that widespread use of interventions that slow labour can contribute to higher rates of C-section.
Adherents base their beliefs on the writings of authors such as French obstetrician Michel Odent, who wrote Birth Reborn in 1984. Although he does not specifically advocate unassisted childbirth, Dr. Odent says that in his practice, women who weren't observed in their labour had faster and easier births.
There is no way of knowing for sure how many Canadians are choosing to give birth unattended, since neither the federal nor provincial governments collect statistics on planned unassisted childbirth. But the rate is probably much lower than home births attended by registered midwives, which accounted for just 1.5 per cent of all deliveries in British Columbia and Ontario in 2005 and 2006.
Jodie Boychuk of Dunnville, Ont., says she chose an unassisted birth for her second child because of the difficult recovery following the cesarean delivery of her first daughter. In September, 2005, her second daughter was born at home into the hands of her husband, Richard. The labour was smooth and the 8½-pound baby was healthy, Ms. Boychuk says.
But the practice remains controversial enough to impel some midwives and authorities to intervene. When Ms. Boychuk declined the services of a registered midwife during her second pregnancy, the midwife - who questioned the safety of even an attended home birth after a cesarean - promptly called the Children's Aid Society.
A two-week investigation ensued, but it was dropped because unassisted childbirth is not illegal.
Even the staunchest advocates of the practice acknowledge that it's not for everyone.
Sarah Buckley, an Australian physician trained in obstetrics and author of the book Gentle Birth, Gentle Mothering, says a woman must be healthy and educated about birth to deliver unassisted.
As well, she says, the woman should be relaxed enough to avoid triggering the fight-or-flight response that can delay the birth, and should have a backup plan such as transferring to a hospital.
Registered midwives agree that too much medical intervention can impede labour - but they "cannot support the concept of unassisted, unattended births" due to the risks, says Elana Johnson, president of the board of directors of the Association of Ontario Midwives.
For Ms. Becker of Burnaby, the birth of her baby in January is still fresh in her mind. It was a joyful occasion to share with her husband and her son Max, she explains, and most of all, "it was just us."
Legislator Muzzled
May 14, 2007
Here is another case of a legislator being bullied by a
child protection agency. In this case a Tucson Arizona
representative, Jonathan Paton, is subject
to prosecution if he says what he knows about the deaths
of three children under watch by child protectors. We
earlier reported on Ed Dugay in Maine who also got pushed around by the
same kind of agency.
Do you think you can help your case by calling your MP or
MPP or Senator or Congressman? Don't bother. He can't do
anything even if he tries.
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Ariana Payne
The Arizona Daily Star, Published: 05.13.2007
CPS privacy rules getting new scrutiny
Local kids' deaths raise questions on agency's openness
By Josh Brodesky, ARIZONA DAILY STAR
Tucson, Arizona
The refusal of state Child Protective Services to release details about its connection to Tucson children who died this spring under its watch has raised concerns among some state lawmakers and advocates for open government.
They're concerned that the agency's need for confidentiality has outweighed the public's right to know.
CPS maintains that releasing information to the public violates confidentiality laws, though state law allows case summaries for children who die from abuse or neglect to be made public.
At issue is the agency's role in the deaths of Tucson children Ariana Payne and Brandon Williams and the suspected death of Ariana's brother, Tyler Payne.
"I think the public has a right to know how tax dollars are being spent and how state agencies operate," said Rep. Jonathan Paton, a Republican from Tucson who is part of legislative hearings to examine CPS' role in the two Tucson cases.
Paton is one of a handful of people to review CPS' files for the Payne and Williams cases, but he can't comment on what he's learned because of confidentiality. State law mandates that lawmakers sign confidentiality agreements if they are to review CPS cases.
"It's a misdemeanor of some sort," Paton said, explaining what would happen if he talked about the cases or hearings. "I'm not sure what the level is, but it's serious enough that I don't want to risk it."
Citing a lawsuit filed by the Arizona Daily Star seeking the Payne case summary, CPS spokeswoman Liz Barker Alvarez declined to comment about the agency's use of confidentiality laws. She referred any specific questions about the Payne case to the Attorney General's Office.
CPS was thrust into the spotlight after police discovered 4-year-old Ariana's body Feb. 18 in a plastic tub that had been placed in a trash bin. Her body had been kept in a locker at a storage facility. The body of her 5-year-old brother, Tyler, has not been found despite two searches at Los Reales Landfill, 5300 E. Los Reales Road, where police believe he may be buried.
The children's father, Christopher Matthew Payne, has been charged with two counts of murder.
Court documents and police reports show CPS had been working to help Payne gain custody of the two children.
In the other case, on March 21, Brandon Williams, 5, died after his mother and another woman gave him multiple doses of medications.
CPS has said investigators "made repeated attempts" to find Brandon and his mother, Diane L. Marsh. Marsh has been charged with first-degree murder.
Kids' safety and well-being
Under state and federal law, state CPS case reports are confidential and that is, in part, to protect against false or unsubstantiated reports, said Dan Barr, a Phoenix attorney who is representing the Star in its suit for the Payne case summary.
However, Barr said much of the state's public-records law surrounding CPS balances on whether the release of information will promote or hinder the safety and well-being of children, and that it expressly outlines times when information should be released.
"You withhold the information if it's to promote the safety and well-being of children, but if that goal is promoted by releasing it, you release the information," he said.
With a suspect arrested in the Payne case, and Ariana dead and Tyler believed to be dead, Barr said he thought the release of the case summary could only help to prevent future deaths.
"If something can be learned so that a better decision can be made in another case, then that's certainly beneficial to promoting the safety and well-being of children," he said. "You can't have a meaningful discussion without the facts."
In the Payne case, it's unclear what CPS did or didn't do — even for the family members involved.
Police reports show that in March of last year the children's mother, Jamie Hallam, called police to ask for their help in recovering her kids from Payne, who had kept them for more than six weeks.
Hallam had a court order for sole custody, but when police arrived at Payne's West Side apartment, Payne said he was working with CPS to get custody.
The officers called CPS and spoke with a supervisor who said it would be best to keep the kids with Payne because the agency was investigating Hallam. Records show that the investigation into Hallam ended a month later.
Hallam's grandmother, Linda Cosentino, who lives in New Jersey, said the family was never notified that the investigation was closed until she called CPS out of concern for the welfare of the kids.
"We don't understand why she could not get her kids when she had the court order," Cosentino said.
State law also allows for the agency to release case information to confirm or correct information from outside sources, but Barker Alvarez declined to comment about Cosentino's assertion.
"I can't speak to a particular case," she said, citing the Star's lawsuit. "When we are finished with our investigation, we are required to notify the person who is the subject of the allegation, and that is who we notify."
Despite the lack of public information, Barker Alvarez said there are a number of internal controls to assure the proper handling of cases. Those controls range from attorney representations for parents at dependency hearings, which are not open to the public, to an independent foster-care review board, to a family-advocacy office where grievances can be filed and private legislative hearings conducted, such as the ones in which Paton is taking part.
She declined to answer a question about how not releasing case information might shape the agency's image.
However, Paton and Barr both said they thought the agency was taking a hit.
"I think that the current confidentiality laws that exist, one, prevent this agency from receiving enough scrutiny," Paton said. "Two, I think they hurt the agency in the long run because I think that people develop a lot of conspiracy theories in absence of what's going on."
● Contact reporter Josh Brodesky at 807-7789 or jbrodesky@azstarnet.com.
Addendum: A few days later
another Arizona paper called for reform as well.
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The Arizona Republic
What's left to protect?
May. 20, 2007 12:00 AM
Arizona's Child Protective Services uses unconvincing arguments to deflect public fears about the agency's ineptitude.
By withholding information on the grounds of confidentiality, CPS gets to bury its mistakes along with the dead children it was supposed to protect.
The Arizona Republic is one of two state papers demanding more openness from the agency. This is not done for reporters' egos or institutional nosiness. As The Republic's filing says, what's at stake is the public's "ability to monitor state government's performance of one of its most basic and important duties: safeguarding children from abuse, neglect, injury and death."
The public - you - cannot measure the agency's effectiveness prior to the deaths of three Tucson children without more information.
What's known - from court and police records - is that the mother of Ariana and Tyler Payne had a court order giving her sole custody. When she called police to help her reclaim the children after a visit to their father, Christopher Matthew Payne, he told officers that CPS was working with him to regain custody. CPS subsequently told the police to leave the kids with the father because they were investigating the mother.
The father is now charged with two counts of murder. Four-year-old Ariana's body was found Feb. 18 in a trash bin. Two searches of a local landfill failed to find her 5-year-old brother, though police believe his body is there.
CPS stands behind a claim of confidentiality and refuses to release information. State and federal law calls for confidentiality to protect the identities of child victims and adults who might be falsely accused.
The children in this case are dead. The man accused is facing public trial.
Who is being protected?
Another child whose story is being withheld is 5-year-old Brandon Williams. His mother is accused of first-degree murder in his March 21 death.
The boy's school had alerted CPS when he stopped attending class. CPS failed to find him, but a Pima County Sheriff's deputy located the mother after a missing-person report.
The deputy saw Brandon with bandages covering legs that had been dipped in scalding water. The deputy didn't know about the CPS involvement and accepted the mother's explanation that the child had fallen into cactus.
This failure of two public agencies to communicate was fatal. Brandon subsequently died of a drug overdose.
Again, CPS refuses to release full information about the case.
Again, the only obvious beneficiary is the agency that should have done more for these kids.
CPS may, indeed, feel legally bound to withhold information. If that's the case, then lawmakers should make it even clearer in statute that secrecy is not the same thing as privacy.
Confidentiality is not about covering up.
Hearings Published
May 13, 2007
The legislative hearings held on April 25 and 26 have now
been published in the Hansard. The subject before the
Standing Committee on Justice Policy was bill 165 to alter
the powers of the children's advocate. Many of the
witnesses were functionaries of the child protection system,
or advocates for handouts to special groups, or children
still under the control of the child protection system and
so unable to criticize it. But there were many witnesses
with valuable contributions.
- Anne Marsden said that the legal procedures for the protection of
children are not being followed now, so the enactment of even more rules
benefiting children is useless.
- Psychiatric Patient Advocate Office. David Simpson criticized
provisions in the law requiring the children's advocate to notify an
institution in advance before visiting a child, and requiring the
advocate to submit a copy of a report to the ministry thirty days before
publication.
- Lawrence Kong. Mr Kong advocated for mom and dad as the best
guardians of children, and in their absence, said other relatives
offered the best homes. He recounted the sham court processes that now
seize children from their parents, and even suggested that committee
members educate themselves by reading the websites of Dufferin VOCA and
Canada Court Watch.
- Paul Dagenais. His daughter was the target of an attempted rape at
school, but for two years nothing was done to remove her attacker.
- Voices for Children. Former crown ward Stephanie Ma likens the
experience of seeking relief in foster care to The Trial by Franz
Kafka.
- David Witzel, now 60 years old, recounts the horrors of growing up
in foster care, and the lifetime of nightmares stemming from it.
- Sarah-Jane Dagg, a former crown-ward, recounted the difficulty of
calling for help when access to telephones was controlled, and tells of
being drugged into submission with a needle.
- Samuel Fragomeni was separated from his son by the actions of
children's aid. He had to watch a lawyer purportedly representing his
son, but ignoring the boy's wishes.
- Jeffery Wilson, a family lawyer, said the child advocate needs
protection from lawsuits, or her work will become ineffective because of
the threat of defamation claims. Also the child advocate needs the
power to enter a child care facility without notice, otherwise the
facility will use the delay to temporarily remove the problem that is
the subject of a complaint.
- Defence for Children International — Canada. Matthew
Geigen-Miller voiced concerns for kids in institutions. He said it is
vital that such children can call an advocate at any time on their own
initiative, and that the advocate must have the power to enter the
facility. He advocated making confidentiality rules even stronger.
- Network Group, Pape Adolescent Resource Centre. Witness Julaine
(no surname) recounts that a roughhousing incident with her foster
parents resulted in a charge of assault, which she was required to fight
without help because of lack of access to an advocate. Witness Sashan
saw her foster family take their natural kids on vacation while the
foster kids had to find somewhere else to go.
Several witnesses thought of the child advocate as a
resource to intervene in individual cases to improve the
lives of children one at a time. What is also needed is a
report on the failings of the system as a whole, something
the ombudsman is better suited to do. The child advocate
cannot be a substitute for ombudsman oversight.
John Dunn notes that the hearings have been successful
in altering the proposed legislation.
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This is something I have not seen happen very often. It appears as if our voices are being heard on this one. Bill 165 is the independant child advocate Bill introduced by the Min. CYS.
The Bill normally goes through first reading, then second reading, then to committee, then to third reading and is passed. This time, it was brought through first, second, committee and then to third but before being read for third it was sent back to committee for changes.
Those changes included removing the 30 day requirement for the Advocate to submit their report to the Ministry before submitting it to the Legislature, something we recomended, so that was done.
Also the Advocate no longer has to warn a resident before entering a facility to look into a child's status. Keep it up people, our voices are being heard.
Here is the latest recomendation in Today's business to return the Bill to committee. IT was recomended by MPP James Bradley.
CONSIDERATION OF BILL 165
Hon. James J. Bradley (Minister of Tourism, minister responsible for seniors, Government House Leader): Mr. Speaker, I believe we have unanimous consent to move a motion without notice regarding discharging a bill from third reading back to committee.
The Speaker (Hon. Michael A. Brown): Mr. Bradley has asked for unanimous consent to move a motion without notice regarding discharging a bill from third reading back to committee. Agreed? Agreed.
Hon. Mr. Bradley: I move that the order for third reading of Bill 165, An Act to establish and provide for the office of the Provincial Advocate for Children and Youth, be discharged and the bill be referred to the standing committee on justice policy; and
That, in addition to its regularly scheduled meeting times, the standing committee on justice policy be authorized to meet Monday, May 14, 2007, between 11 a.m. and 11:30 a.m. for the purpose of clause-by-clause consideration of Bill 165, An Act to establish and provide for the office of the Provincial Advocate for Children and Youth.
May, Monday, 14, 2007, 11:00 a.m. Queens Park, Room No. 228 (can only watch but it's good to be there)
The Speaker: Is it the pleasure of the House that the motion carry? Carried.
CONTACT JAMES BRADLEY TO ASK HIM WHY AND TELL HIM YOU ARE GLAD TO SEE MPP'S LISTENING TO US REGARDING NEEDED CHANGES TO CHILD WELFARE ACCOUNTABILITY
Hon James J. Bradley - Contact Information Constituency 2 - 2 Secord Dr
St. Catharines ON L2N 1K8
Tel: 905-935-0018
Fax: 905-935-0191
email: jbradley.mpp.co@liberal.ola.org
Addendum: Here is an item of
committee testimony that we overlooked on the first
pass. It is from family lawyer Michael Cochrane on April 25:
(11) On some other related points about the family law system, it’s pretty much in a crisis mode right now in Ontario. It’s a mess. Everything is totally delayed. The level of acrimony is awful. I think the part of it that I find most frustrating is that we see families blowing the equity in their homes, burning up their RSPs, cashing them in, to pay lawyers to fight in the justice system. The CAS is often dragged into cases. I would be shocked if the children’s advocate didn’t have to do an investigation of the family law justice system in this province, because it is certainly not helping families and it’s certainly not helping children. We see it every day.
Cole Norris Speaks
May 12, 2007
Cole Norris has posted a video to YouTube. He details
his transfer from his mother's good home to a group home
where he was treated like a prisoner. While the family was
reduced to penury, he has documents showing the fortune paid
to children's aid by the Ontario taxpayers. In case CAS
bullies this one off YouTube, here is our local copy (wmv), which
requires your own media player.
Indians Steal Baby from White Man
May 12, 2007
Forty years ago in Canada white people were stealing
babies from Indians. Now it is the other way around. The
man known only as Jeff is the target of a case known in the
trade by the one word "clutter" — it means there is
no real abuse. Can Canada ever get a law leaving children
with mom and dad regardless of race?
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A white man struggles to reclaim his children
Battle to wrest son and daughter from grandmother on reserve highlights clash of cultures between native and non-native Canadians
MARGARET PHILP
May 11, 2007
He always thought of himself as a doting father, a man who read bedtime stories to his two children every night before tucking them under the covers, who would delight in wrapping his arms around them in a bear hug. If not the picture-perfect father, he figured he was close enough.
But the 45-year-old who now lives alone in a spare townhouse more than 1,000 kilometres from his children was anything but perfect in the eyes of the child-protection workers who scooped his pajama-clad son and daughter from his arms in the wee hours of a summer morning almost two years ago.
In the time since, he has fought for the return of children he insists were grabbed without grounds. He has been deadlocked in an unseemly battle for custody with the Onigaming First Nation in Northwestern Ontario, the native community where he and his wife had raised the children before her untimely death and the unravelling of their family.
It is a tangled case coloured by race, cultural biases and conflicting opinions about children's best interests. Jeff is a white man from Southern Ontario who married his Ojibway wife, the band's welfare administrator, in the mid-1990s before settling down in a house on the reserve where they lived for nine years until her sudden death from pancreatic failure in 2004.
That was when Jeff's troubles began. While his wife was sickly for years -- she had launched a wrongful dismissal suit against the band after she was fired for missing too much work -- her mother accused Jeff of murder. The police launched an investigation into the death that would ultimately clear him.
In the meantime, a nasty fight was ensuing over where the body would be buried, with the grieving husband insisting that his wife's wishes were to be buried in Mississauga in his family's cemetery plot and the band furiously demanding that she be buried on the reserve. He eventually relented.
"It was unbelievable," he said. "I couldn't have people physically fighting for the casket."
As time passed, tensions mounted. A few months after the funeral, the band's child-protection agency opened a file on the family. According to court documents, his house was filthy and that a protection worker visiting one time found a sink full of dirty dishes with flies and insects buzzing around. In a slew of unsavoury allegations, Jeff is portrayed as unstable and unkempt, inappropriately feeding the children a starchy diet rich in doughnuts and pancakes and chocolate milk, providing no boundaries for their behaviour, seldom bathing them, and carelessly dressing them in dirty clothes.
The agency suggests he was suffering from depression and possibly an obsessive compulsive personality disorder that impaired his ability to care for them.
He started making plans to move to Southern Ontario to be near his parents and his sister's family, but had not left before protection workers stepped in and apprehended the children.
"As soon as my wife died, I didn't exist. Suddenly, I was the white man, the enemy. It was devastating. I had lived on reserve for about nine years. I had friends there. I knew a lot of people."
But almost two years later, the children remain with their grandmother under the aboriginal child-welfare policy that children be placed with relatives on the reserve, rather than in foster care with non-native strangers. In native culture, the it-takes-a-village philosophy holds sway, and bonds with community and family are equally sacrosanct.
And so, when a threat looms to remove children from their reserve, the band does not take it lightly. The trouble is, this time the threat has come from the children's own father.
To Jeff, his rights as a father have been trampled in an abuse of power.
But to George Simard, the issue is not so simple. The long-time executive director of Weech-it-te-win Family Services, the native child-welfare agency that supervises the band's child-protection workers, the best interests of native children -- even half-native -- are inextricably bound to aboriginal culture and can never be trumped by the rights of a parent. He would like to see the father and grandmother share custody and legal status under a co-parenting arrangement, with the children spending summers on the reserve.
"There's some truth in what Jeff says and some smoke-screening going on in relation to what he says," said Mr. Simard, who, while not free to discuss case details, insists Jeff lost his children for good reason.
"I'm not necessarily offside with his aspirations. I've talked to Jeff any number of times, and yes, the community and himself are polarized. And my advice to him is: Why do the kids become a pawn in the struggle? Why can't you mutually raise them for their own mental health as opposed to one side winning over the other?"
Jeff is an affable man, plain-spoken and earnest. At Onigaming, he worked as a consultant and for a time as a social-services administrator, but has been unemployed for the past few years. He would like his full name to be made public, but Ontario's child-welfare law prevents it.
"This is what I know," said a traditional native healer who provided counselling to Jeff after his wife died, over the objections of a few band members. "The father does not drink, smoke, or gamble. He wasn't functioning well because of his loss. I could understand that. He took it very hard when he lost his wife.
"Some people didn't see it that way, didn't see that a man who had just lost a wife was really hurting. No support from the community to help him with his grief, that's what I saw. I was the only one that supported him."
When Weech-it-te-win asked a court to declare the children wards of the state, the agency took the uncommon step of citing every grounds possible for removing children: that they had been physically abused, neglected, were likely to be sexually molested or exploited, needed medical and psychological treatment that the father refused to provide, and had suffered emotional abuse.
Jeff's lawyer asked for the case to be dismissed altogether. And while the judge did throw out most of the accusations as baseless, he ruled that the father's depression and reported gaps in parenting skills warranted the children remaining with their grandmother, who collects a foster-care allowance for her troubles.
"This case is unlike any case I've ever had," said Michael Cupello, a Thunder Bay family lawyer who has represented parents in child-welfare cases for 15 years.
"It should have been a child custody proceeding. It should never have been a child protection proceeding."
He advised his client that, with lengthy court delays, his children would be returned sooner if he cut a deal with the band. He signed a settlement, and over the months has fulfilled his end of the bargain -- finding a place to live, taking a parenting course, furnishing proof of his mental-health treatment, and opening his door to a Children's Aid Society social worker to assess his parenting and his home.
Completed this week, that home study concludes the children should live with Jeff, the social worker observing that "... both children appeared to trust Jeff and respond to him in an age-appropriate manner. The family interacts in a positive way. ... Jeff appeared supportive of his children, listening to them and encouraging them."
But Jeff doubts the band will budge. He maintains it has violated the settlement by refusing to return the children, limiting his visits, and under a band council resolution unceremoniously banning him from the reserve.
His lawyer plans to file a motion that the child-protection agency be held in contempt of court and demanding the immediate return of children.
As for the children, they make no secret of their desire to live with their father.
On a rare visit over the Easter weekend, the three of them have just returned from the public library. It is only the children's second visit to their father's home, but already they have made friends with neighbouring children their age. There has been a visit with grandparents and cousins they barely knew, an Easter-egg hunt and a shopping trip for new shoes.
"Hey, when are we moving to Guelph?" the girl demanded of her father, bouncing on the couch in his living room shortly before the Onigaming protection worker arrived to whisk the children back to the reserve.
Over and over, the girl repeated that she wants to live with her father. "It's really fun here," she said. "It's fun, and there's a cool bookstore, and my favourite stores are here. And I really like the school. It's nice and clean. And there are no broken windows."
She said she asks her grandmother about when she can move. "She always says he needs to work things out -- cooking and stuff -- but he already did," she said. "He can cook really good. He made a turkey before for dinner. Lots of stuff.
"When we have the next visit, we don't want it to be a visit. We want it to be we move here."
Child welfare
There are about 140 native child-welfare agencies across Canada, including five in Ontario, with the same authority of mainstream children's aid societies to apprehend youngsters considered in need of protection.
The first aboriginal child-welfare agency was the Siksika Family Service agency in Alberta, which started in the late 1960s during the so-called Sixties Scoop, a period of nearly two decades when non-native social workers with new powers to work on reserves and little understanding of native culture plucked thousands of children from poor families. Many would never return after being placed for adoption with non-native families as far away as Europe. The first native-run agencies were a response to cries of cultural genocide.
The number of aboriginal children in foster care has soared by about 65 per cent in the past decade, with one of every 10 aboriginal children in the care of a native or mainstream child-welfare agency, compared with just one of every 150 non-native Canadian children.
Ontario has the highest native population, but there are only five full-fledged aboriginal children's aid societies, and Ontario has recorded the sharpest jump in the number of native children under care in the past decade.
The Spallumcheen First Nation in British Columbia is the only band in Canada with its own child-welfare law and full authority over its child-protection system.
Margaret Philp
Addendum: Dad gets his kids back.
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Dad wins custody fight with reserve
ROB O'FLANAGAN, GUELPH (Jul 11, 2007)
A Guelph father who was separated from his two children for more than two years while a tense child-protection case involving a northern Ontario First Nation's community unfolded will get his children back.
The Caucasian man's son and daughter, who are part Ojibway, were taken from him in 2005 by Weech-it- te-win Family Services, a child-welfare agency serving native communities in northwestern Ontario, after allegations were levelled against him by the Onigaming First Nation near Fort Frances.
The children were placed in the care of their grandmother, and the man, who can be referred to only as Jeff, was evicted from his home on the reserve.
He lived on the reserve for nearly nine years with his Ojibway wife. Soon after she died in 2004, the man said in a recent interview, the reserve took action to keep the children there, levelling allegations of parental incompetency against him.
A hearing was held into the case last Thursday and the outcome was in his favour.
"The process takes its course and ultimately the kids will go back to Guelph with their father," George Simard, the executive director of Weech-it-te-win Family Services, said in a telephone interview.
"As I understand it, there is an interim order of supervision and I believe toward the end of the month is when he will be taking his kids to Guelph."
Jeff's struggle to keep his children may not be over. According to Simard, he will be supervised by children's aid officials for a 12-month period, at which time another hearing will be held to determine if it is in the best interests of the children to stay with their father.
"We intend to proceed with the 12-month supervision," Simard said. "If it is granted, fine, if not, he is on his own."
He said they will have children's aid officials in Guelph "supervise on our behalf during that 12-month period, to lend assistance to Jeff, to ensure that he has the proper resources to care for his kids, to assist him with any supports he might need to give him a fair crack at independence."
Simard expressed his opinion that the children would benefit from having their aboriginal identity fostered, and by having their extended aboriginal family as an integral part of their upbringing.
The case received national media coverage because of its political implications.
For decades in Canada, native children were taken from reserves and placed in foster care off-reserve. It is now widely accepted that the practice was detrimental to the children, and efforts have recently been made to ensure that native children at the centre of child-protection cases remain on reserves.
This is an exceptional case because the father is white.
Jeff, 45, is an automotive parts worker.
He could not reached for comment yesterday.
He has launched two lawsuits, totalling $1.5 million, against the reserve seeking compensation for his claimed hardship. His case has been profiled in the Globe and Mail and on the CTV Newsnet program The Verdict.
Law Protects Killers
May 12, 2007
Using the restrained language of the press, an editorial
in the Edmonton Journal says that confidentiality laws let
child protectors get away with murder. Children cannot be
safe in state custody until confidentiality laws are
abolished. A good start is to end confidentiality for dead
children.
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Law lets children die nameless
The Edmonton Journal
Friday, May 11, 2007
In a democratic society, individuals are not supposed to die anonymously.
The community's ability to know the names of the dead and how a citizen leaves this world is a fundamental difference between countries such as Canada and authoritarian states where people can simply disappear.
This is especially important when a person dies in the care of the state. That's how a community holds responsible public bodies to account; a fatality inquiry is the crucial vehicle.
But in Alberta, this principle has been compromised in a troubling way.
The province now prohibits publication of the name of any child who dies in foster care under the Child, Youth and Family Enhancement Act.
This week, for instance, a fatality inquiry began into the case of a 17-year-old who was killed when he jumped out of a social worker's car on the way to the boy's Spruce Grove group home.
The youth, known only as L.S., was made a permanent ward of the state at birth. As a result, he died nameless and will remain nameless in the community.
A sound argument can be made for protecting the identity of minors in care while a child is alive: for instance, to protect a child from teasing at school.
But when someone dies, that justification is no longer valid.
Indeed, refusing to disclose the name could be harmful.
What if others have helpful information about the person, but it does not not come to light because the identity was not made public?
Think of the six deaths which occurred in foster care in 2005-06.
According to the province, the names of these children cannot be disclosed. The Youth and Family Enhancement Act prohibits identifying publicly any child "who has come to the minister's or director's attention under this act or any information serving to identify the guardian of the child."
Although it's not clear why, the province interprets this protection to cover those who have died as well as the living.
The Criminal Code quite rightly protects the identity of victims of sex assault crimes. The name of the four-year-old girl at the centre of a current sex abuse trial cannot be published, for instance.
In that trial, a judge this week agreed to lift the publication ban on the name of the accused, Darcy Don Bannert, the boyfriend of the girl's mother.
Bannert has a different last name from the young victim and her mother, so there is no danger the girl will be identified.
Yet a provincial government lawyer at the court insisted to The Journal that Bannert's identity could not be be disclosed under the provincial act for fear of identifying the child's mother.
The impact of the province's Youth and Family Enhancement Act is far- reaching.
For instance, in a recent murder case, the province interpreted the law as prohibiting the press from asking the question about whether the victim had any involvement with children's services. One media outlet has been prosecuted for doing so.
The intent of the act is to protect young children from the stigma of being in foster care and to afford some privacy to the good-hearted foster parents who take care of them.
But in effect, the law compromises the community's ability to keep these agencies accountable.
We can't find out -- as we did with Richard Cardinal so many years ago -- if a dead child might have been in a series of foster homes.
Surely that's not what was intended.
The Child, Youth and Family Enhancement Act is too blunt an instrument. A community must be able to name the dead, tell their stories and be able to get a full accounting of how their public agencies operate.
Addendum: In later articles, we dubbed this the
Alberta Kafka case.
Fosters Usurp Mother's Day
May 11, 2007
In anticipation of Mother's Day this Sunday the Globe and
Mail salutes women who care for the children of others for
pay.
Dufferin VOCA extends the salute to mothers who risk
their lives to give birth, provide years of care at no pay
and continue to love their children even years after they
are taken away and placed in the care of others.
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In praise of 'other mothers'
SIRI AGRELL
From Thursday's Globe and Mail, May 10, 2007 at 1:15 PM EDT
Melanie Filiatrault has 42 children, not counting the three she gave birth to herself.
This Sunday, the 52-year-old Kelowna resident expects to receive Mother's Day calls from about 12 of the boys and girls she has provided foster care to over the past 20 years - kids she considers her own.
"Even that one call from a child shows that you've made a difference in their life," said Ms. Filiatrault, who has a collection of Mother's Day cards and trinkets piled in her attic.
But while the children themselves express gratitude, some of Canada's approximately 35,000 foster families say their efforts go largely unnoticed by the rest of society, not just on the second Sunday in May, but throughout the year.
"If you go into it thinking you're going to get rewarded, you probably won't," Ms. Filiatrault said. "But if you go into it thinking you're going to make a difference in a child's life, it'll be worth it."
Yesterday, a group of Toronto-area foster parents gathered for a special audience with author and actress Victoria Rowell, who told them about the difference foster care made in her life.
Famous for her role as Drucilla Winters on the soap opera The Young and the Restless, Ms. Rowell has written a book, The Women Who Raised Me, chronicling the 18 years she spent in foster care in the United States before becoming a professional ballet dancer and, eventually, a daytime television star.
She wrote the book to pay tribute to those who wouldn't let her fall through the cracks, but also to celebrate all the "other mothers" - foster parents, social workers, mentors, aunts and grandmothers who often play a major role in a child's development.
"What they did was raise a child, collectively," she said. "There are millions of women who have done what these women did for me."
Among the women who raised Ms. Rowell was a 54-year-old housewife who took her in as an infant, but was told she could not keep a child who was half black. Another foster mother taught ballet to the dance-obsessed young Victoria out of a magazine.
Ms. Rowell had saved more than 500 letters from her various foster mothers, all of whom helped her get over the shame of not being raised by her biological parents.
Susan McDevitt, a social worker and executive director of the Federation of Foster Families of Nova Scotia, said she sees the same efforts being put forward by the 650 foster families in her province.
Most people who work with displaced young people, from foster parents to Children's Aid Society officials, are motivated by a love of kids. But, she said, many foster families still struggle with issues of negative public perception, fuelled by occasional news stories about abuse or neglect. While those cases are rare, Ms. McDevitt says it is still common to regard foster parents as service providers, not parents.
"They don't feel they're respected," she said.
There have been efforts to improve attitudes toward foster mothers and other caregivers. In 2002, the card maker American Greetings introduced a line of Mother's Day cards that acknowledged the "other mother" phenomenon of adoptive parents, aunts and role models.
"Because you're like a mother to me, I'm thinking of you," one card reads.
Ms. Filiatrault said she thinks of all her foster children on Mother's Day, no matter where they are now, scattered across the country.
"You always hope they're doing awesome," she said. "I'm just very pleased and honoured to have been their parent for a short period of time."
John Dunn points out that not all foster mothers are as
angelic as suggested by the Globe and Mail.
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Having grown up in foster care for sixteen years, I have to say that yes, there are good foster parents out there. Yet at the same time, I have had my head flushed down a toilet for a large bowel movement causing flooding, sat upon and pushed head first into a furnace for wetting a bed, watched my brother get his back hurt while being pushed over a couch, been in group homes which were shut down due to abuse and much more.
These and thousands more stories of physical, sexual and emotional abuse are locked away deeply in "serious occurrence reports" located in the archives of the Children's Aid Societies who protect them with a vengeance. Of course we only hear of the major stories once in a while about abuse of kids in care if they are "serious enough" and get leaked somehow with evidence.
These agencies have extremely high priced lawyers (paid by your tax dollars) to threaten media outlets who dare to publish information or allegations by child welfare clients. One huge, well known Canadian, Crown Corporation broadcaster is currently involved in law suits by child welfare departments for reporting information of such a nature.
Those who come out of the system who have been damaged by it, or those in it, are often looked at as trouble makers, and are silenced, ignored and made to feel as if they are doing something wrong by speaking out. I can only ask you to remember such stories as Cornwall and Native Residential Schools and how people who were trusted the most with the care of our children and how they failed us and tried so hard to cover it up.
Just remember one thing. Who has the most resources? The government funded agencies with Billion Dollar budgets or those who have been left familyless and on the street at 18.
Rampant Child Abuse
May 10, 2007
This article from The Onion is intended to be a spoof,
but sounds a lot like the real claims of child
protectors.
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Majority Of Parents Abuse Children, Children Report
April 13, 2007 | Issue 43•15
LOS ANGELES—A chilling national poll of U.S. children ages 3 through 12 estimated that nearly 75 million youngsters suffer both physical and psychological abuse at the hands of their parents on a daily basis.
An abused child awaits her single allotted hour of
television per day.
The poll, whose findings are part of a 700-page report released Tuesday by a coalition of child abuse monitoring and prevention organizations, indicts nearly 95 percent of American parents. It documents abuses ranging from less severe offenses, such as children being denied snacks just before dinner, to more egregious, long-term cases of neglect, such as never ever getting what they want, ever.
"My parents always tell me that I have to finish all my math homework or I won't be allowed to watch TV," said study participant and abuse victim "Derek," 10, who told researchers that some of his earliest memories were of this kind of mistreatment. "They're so mean. I hate them."
"I hate them, I hate them, I hate them," he added.
Encouraged to speak freely and confidentially about their home lives, subjects shocked even seasoned child welfare advocates with tales of systematic deprival and gratuitous cruelty. One Illinois boy told of being forced to linger with his mother in fabric stores and later leaving a Toys "R" Us empty-handed, even though the store sold a water gun he really wanted. An Arkansas 9-year-old said he spent all of third grade carrying a boring brown backpack instead of a super-cool Spider-Man one like a friend, whose parents love him, had. And a 6-year-old girl from Wisconsin was forced to sit at a dining room table for nearly two hours until she finished her canned green beans, a food widely considered by poll respondents to be disgusting and suitable only for adults.
"To hear the sadness in these kids' voices when they talk about how they are scared—literally scared—to bring home poor report cards, is heartbreaking," said Dr. Deirdre Fulton, child psychologist and director of the Nationwide Coalition to End Child Abuse, who co-authored the study. "Some of the children we interviewed even wished they were dead so their parents would feel guilty at their funerals."
"No child should ever wish to die," Fulton added.
According to pollsters, most victims were surprisingly open, even eager, to discuss their abuse, although some were less forthcoming about traumatic experiences that involved inappropriate touching.
"It's so embarrassing, and everybody sees it," said 7-year-old "Harry," whose mother hugs and kisses him goodbye in front of the school bus every day. "When it's happening, I close my eyes and wish it would stop, but it just goes on forever."
Other victims recounted similar forms of privacy invasion, such as being asked if they were wearing clean underwear, and being stripped naked and made to bathe, even after clearly stating that they did not need a bath.
Hair is another focus of unseemly pathological fixations, many children allege: Six out of 10 girls interviewed said that their mothers routinely and painfully pull, twist, and tug their hair into "stupid" hairstyles like pigtails, and some boys said that their mothers go so far as to use saliva to paste their hair into place.
According to the report, a shocking 100 percent of children who claimed to have been abused said their parents repeatedly answered "maybe" to a request, and then withheld from them a definitive answer for hours or, in some cases, days.
In addition to those who admitted to being touched inappropriately, 93 percent of children said they have, at one point or another, been subject to various types of physical abuse.
"My parents make me practice the piano for like 20 hours a day," said 8-year-old "Lacy," adding that sometimes she will hide in her closet to avoid rehearsal. "They told me if I hate it so much I can quit when I'm in seventh grade. That's like 40 years from now."
Some children, mostly boys, have even been pressed into brutal physical labor by their fathers, who demand their sons help them in the yard on Saturdays—one of only two days off for children who spend an average of 600 hours a week at school.
"He treats me like a slave," 12-year-old "Michael" said. "It's like it's my fault that my dad decided to buy a house with a lawn. And then when I do help, he says I shouldn't have had a bad attitude about it."
"Mom just sits there and lets the entire thing happen," "Michael" added.
In some of the more disturbing cases of abuse, parents reportedly take a domineering interest in their children's social lives, often threatening severe but undefined punishment for not being home by dark. Some children said their parents attempt to cut them off completely from the outside world, making many websites and television channels inaccessible and never letting them hang out with their friends.
The National Parents Association declined to comment on the overwhelming levels of abuse. When asked why they wouldn't comment, the NPA released a tersely worded statement: "Because we said so."
Lost Son
May 8, 2007
Rob Ferguson, who has been active in helping CAS victims
fight for their children, and in organizing opposition to
children's aid, had a court hearing scheduled for today.
The court had the options of returning his son, setting a
trial date or awarding crown-wardship. The judge ruled for
crown-wardship, making his son available for adoption.
Messages of condolence can be sent to Rob Ferguson at rfergusonca2@hotmail.com.
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summary judgment
May 8, 2007 at 6:13pm
Well it's over the judge award crown wardship. My son
is lost. An appeal may be far out of reach for me. They
even already have been showing him to others for adoption.
I don't know anymore. So many things going through my
head. Some good some bad. I love my son and always will.
Thanks for all the support guys I need a few days to
myself.
Addendum: Social workers show their glee at
getting another baby bounty.
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posted by: robferguson
sick feeling
Thread Started on Today (May 12, 2007) at 10:21am
Last night I was at a supervised access building
visiting my oldest two children. But right away I noticed
a new microwave, pots and pans, and lots of toys. Must
have been 1000's of dollars spent. I then overheard one
worker talking to another on how all departments of Brant
CAS got extra funds cause an adoption went through. I was
using pots and a microwave and toys paid for by the
stealing of my son. I felt so sick, is that want our
governments do, fund through adoption? My son is worth
more then all the gifts given to you bastards.
Fear of CPS Kills Toddler
May 8, 2007
A mother with a sick toddler kept her away from medical
care because of a justified fear that her child would be
taken away. Every parent now has to weigh the danger when
considering whether to seek medical help for a child. Parts
of this story may be disturbing to younger viewers, and
older ones too.
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Woman Accused of Starving Child to Death
Testifies KFSN By Andres Araiza
05/07/2007 - A Fresno mother took the stand on Monday
and tried to explain to a jury why her daughter starved to
death. *Warning: parts of this story may be disturbing
to younger viewers.
Both Darlene Sanchez and her defense attorney broke
down crying when they saw pictures of two and one-half
year-old Savina Gonzales. The child weighed only 13
pounds when she starved to death in 2003. Sanchez
struggled to explain why and how the child died.
Investigators say Savina Gonzales looked like a
skeleton when she was found dead. There was no fat and
all her bones could be seen on the little girl's emaciated
body. But, investigators say Darlene Sanchez's other kids
appeared very healthy.
Defense Attorney Linden Lindahl sobbed when he asked
his own client "Why on April 28, 2003, did your little
girl look like that and no one else did?"
Sanchez replied, "...'cause I was afraid."
Sanchez testified she would feed the little girl, but
Savina was having what she called fits, vomiting spells,
and losing weight. She said, "I was afraid of CPS. They
would have just taken my kids. I know it, I know I should
have taken her to the doctor...It was my bad decision."
Sanchez said she never sought help from her family nor
doctors.
In her three hours of testimony, Darlene Sanchez could
never fully explain why Savina appeared to have been
starved, for what prosecutors believe was several months.
Darlene Sanchez faces a second degree murder charge.
If convicted, she could be sentenced to life in prison
with the possibility of parole.
Jurors are expected to begin deliberating later this
week.
Mother Convicted
May 8, 2007
A Toledo mother has been convicted of poisoning her own son in a case of Munchausen syndrome by proxy.
This legal theory has been discredited in every case in which adequate resources were applied to convince the courts.
In the current case, the mother has no resources and has to rely on volunteer help.
Those volunteers report that the case for toxic mold is scientifically perfect.
The jury never heard that the mother suffered the same symptoms as her sick son.
The test that revealed ipecac is non-specific, and can produce a positive result from other causes as well.
Courtroom theatrics were used to discredit the defense scientific evidence.
Defense counsel may advise the mother to admit to a crime that never happened to avoid eight years in prison.
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Mother found guilty of poisoning her son
Boy sick for months, apparently from drug
Prosecutors say Carrie Weaver, left, used Ipecac, an
over-the-counter drug that induces vomiting, to keep
her son ill and thereby gain attention for herself.
The boy, now 11, has recovered. Weaver was found
guilty of child endangering yesterday and is to be
sentenced June 8. (THE BLADE/ANDY MORRISON)
By ERICA BLAKE, BLADE STAFF WRITER
Nearly two years after her son was taken away from her, Carrie Weaver last night was found guilty of felony child endangering in what Lucas County prosecutors called a case of Munchausen syndrome by proxy.
Weaver, 28, of Toledo was surrounded by tearful family members as she left the courtroom, ending the emotional, weeklong trial that focused predominantly on medical testimony.
She faces up to eight years in prison when she is sentenced June 8 by Judge James Jensen. Until then, she is free on bond.
Weaver was indicted in October, 2005, on the child endangering charge, about five months after her son was removed from her care.
Prosecutors accused her of giving her son chronic doses of Ipecac, an over-the-counter product that induces vomiting.
Calling it a case of Munchausen syndrome by proxy, prosecutors presented evidence that showed Weaver not as the doting mother at her sick son's bedside, but as the person who made her son ill to bring attention to herself.
"We're absolutely pleased. We've been working on this for two whole years," said Lori Olander, an assistant county prosecutor. "Munchausen by proxy cases, those are all very difficult. We had seven different doctors testify that we had Munchausen by proxy."
Throughout the trial, prosecutors interviewed the many doctors who cared for Weaver's son through his illness. The pediatric specialists testified that they were unable to make a diagnosis until the boy was transferred to a hospital in Michigan where a doctor recognized signs of Ipecac poisoning.
The boy, now 11, testified on the first day of the trial that the illnesses that plagued him during 2004-05 have stopped since he was removed from his mother's care.
He recalled the many days spent in hospitals and the times he spent vomiting and having trouble breathing.
Yesterday, Ms. Olander said that the boy, who now lives with his father, is doing well and is healthy.
Defense attorneys showed a different side of Weaver by questioning family and friends about her character and her dedication as a mother.
Attorney Lorin Zaner also presented evidence suggesting that what ailed Weaver's son was not Ipecac but toxic mold in the home where the two lived with Weaver's mother.
Mr. Zaner called a certified mold inspector and a pathology expert to testify that mold was found in the home and that it was the cause of the boy's heart problems.
The jury of nine women and three men deliberated for about four hours before reaching a verdict just after 9 last night.
Contact Erica Blake at: eblake@theblade.com or 419-213-2134.
Press Errors on Child Protection
May 7, 2007
Stories about child protection in the popular press
rarely tell the right story. Today we present an article
published in the Arizona Daily Star, along with an analysis
by Richard Wexler showing that the story completely misses
the mark.
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The Arizona Daily Star, Published: 05.03.2007
CPS staff to see pay cuts if goal is unmet
Target is boost in numbers of kids kept in
own homes
By Josh Brodesky and Daniel Scarpinato,
ARIZONA DAILY STAR
Child Protective Services workers could take a cut in
pay this year if the agency fails to increase the number
of children it keeps in their own homes, instead of
removing them.
The requirement is part of the new CPS
pay-for-performance program, which docks employees if the
agency fails to meet target goals for keeping children
with their families and reducing institutional placements.
A "bonus," as state documents call it, equal to 30
cents per hour, is already included in employees' pay.
But if the agency doesn't meet its performance goals, the
incentive gets taken away.
"You don't gain (a bonus)," said Liz Barker Alvarez,
spokeswoman for Child Protective Services. "You just
lose."
CPS officials defended the performance measures and
incentives, saying the agency has long had the goal of
keeping more children with their families because it
creates greater continuity and stability.
But in light of two recent cases in Tucson where
parents have been charged with killing their children, the
measures have raised the hackles of state lawmakers who
are concerned that financial incentives might affect
decisions about child placement.
"We're tipping the scale with performance pay," said
state Rep. Jonathan Paton, a Tucson Republican who is
part of legislative hearings to examine the CPS role in
the two Tucson cases. "It's kind of like telling a judge
we have too many people in the jails right now, and we're
going to base your pay on how many people you don't send
to jail."
The Legislature authorized the "pay-for-performance
program" last year. But it was left to each agency to
implement the policy and set its own performance measures.
Child Protective Services is overseen by the state's
Department of Economic Security.
In order to keep the bonuses, the department must meet
two of the following three goals:
- Promote economic self-sufficiency.
- Safely reduce the number of children in out-of-home
care.
- Reduce the number of children and adults placed in
institutions by developing the capacity of extended
families and communities. The financial incentives
also apply to the placement of vulnerable adults.
Achieving those goals is measured by hitting preset
targets.
For example, each year the agency must reduce the
number of CPS children in out-of-home care — foster
homes or institutions — by 200. It also needs to keep
72 percent of CPS children with either foster families or
relatives.
"Safely reducing the number of children in out-of-home
care has been a goal for this agency for a number of
years," Barker Alvarez said.
CPS has had a hard time meeting that goal over the last
three years.
Between 2003 and 2006, the number of children in
out-of-home care jumped from 7,535 to 9,833, according to
the most recent semiannual CPS performance report.
The same report shows that between 2003 and 2006, the
number of licensed foster homes increased from 1,892 to
3,256.
Lawmakers say the process of providing financial
incentives may have unintended consequences.
A frequent critic of CPS, state Sen. Karen Johnson, a
Mesa Republican, called the policy "perverse. … We've
absolutely seen that CPS workers are not being paid
enough," she said, adding the base salary needs to be
increased.
Salaries for entry-level CPS specialists begin at
$32,342 and can be as much as $55,802 depending on
education levels and experience.
The semiannual report says "the recruitment and
retention of skilled case managers" is one of the agency's
biggest challenges. "The Department continues to struggle
with an inexperienced work force that is unable to deal
with the complex issues present in the child welfare
system," it says.
State Rep. Phil Lopes, a Tucson Democrat and House
minority leader, said the incentives could result in
families remaining intact because the caseworkers may
benefit.
"It's not clear what the motivation is," Lopes said.
Also difficult to understand, Lopes said, is how much
control the caseworker has had over the situation, since
other entities, like the courts, are involved in making
decisions.
Ken Deibert, deputy director for the Division of
Children, Youth and Families, dismissed the idea that
financial incentives would cloud the judgment of case
managers and investigators.
"For anyone to speculate that a person who works in
child welfare and has made a career commitment to safety
for children, that they would jeopardize a child's
well-being for 30 cents an hour is absurd," he said.
"Anyone who would make that kind of conjecture
demonstrates a lack of understanding of the professional
and personal commitment that it takes to do
child-protection work."
Moreover, he said when investigations are completed,
they are reviewed by supervisors. There is also a
foster-care review board, independent of CPS, which
examines substantiated abuse complaints. The agency also
does random reviews of cases, he said.
It's unclear if other states use pay-for-performance
measures on employees.
"I have not seen a pay-for-performance like this in my
experience," Deibert said.
Neither had Richard Wexler, executive director of the
National Coalition for Child Protection Reform, a
Virginia-based advocacy group that agrees with the
principle of keeping children with their families.
"As far as I know, linking performance in child welfare
to individual pay is extremely unusual," he said.
Nevertheless, he said he supports the idea if it
reduces reliance on foster care.
Will Johnson, a senior research analyst with the
Welfare Policy Research Project in the University of
California president's office, also said he hadn't heard
of such incentives in his state.
● Contact reporter Josh Brodesky at 807-7789 or
jbrodesky@azstarnet.com ● Contact reporter Daniel
Scarpinato at 307-4339 or dscarpinato@azstarnet.com.
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May 7, 2007
ARIZONA: STATE OF WILLFUL IGNORANCE
Last week, I was contacted by a reporter for the
Arizona Daily Star, the larger of two competing
dailies in Tucson. He’d contacted me the week before,
acknowledging he was new to the child welfare beat and
knew little about the subject. This time he was calling
because he’d gotten a tip.
He’d been sent a memo showing that in Arizona, state
employees receive 30 cents an hour of their pay as an
incentive bonus. They lose that 30 cents if their
agencies fail to meet certain goals each year. The state
human services agency, which includes child protective
services, needs to meet any two of the following three
goals:
- Promote economic self sufficiency
- Safely reduce the number of children in
out-of-home care (by less than one-third-of-one
percent) [emphasis added].
- Reduce the number of children and adults placed in
institutions by developing the capacity of extended
families and communities.
I told the reporter I certainly understood why this was
newsworthy and why he was calling, but I told him it also
was a bit frustrating. I explained that child welfare was
a system filled with pervasive incentives, financial and
otherwise, and almost all of them encouraged everyone in
the system to do the wrong thing.
These incentives include:
- Bounties paid to the state by the federal government
for every finalized adoption over a baseline
number.
- Per diem reimbursements for private agencies,
encouraging them to hold children, needlessly, in
foster care.
- Avoiding the risk of negative news coverage by taking
away huge numbers of children needlessly, since no
caseworker ever has been attacked in the press for
taking away too many children, whereas such attacks
are common if a worker leaves a child in his own home
and something goes wrong.
- Avoiding firing, suspension, demotion or any other
penalty of any kind by doing the same thing. Though
caseworkers often claim they’re “damned if we do
and damned if we don’t” that’s simply not true;
when it comes to taking away children, they’re only
damned if they don’t.
But reporters almost never write about these
incentives.
In our previous conversation, I’d told the reporter
how Arizona was in a state of perennial foster-care panic.
Between 2002 and 2004, removals of children had soared 40
percent - -and, as usual, this had left children less
safe. By 2005, deaths of children known-to-the-system had
set a record, as workers, overwhelmed with false
allegations, trivial cases and children who didn’t
belong in foster care, actually had less time to find
children in real danger.
And, of course, as a result, thousands of children
needlessly were torn from everyone loving and familiar;
they were forced to endure the emotional devastation of
foster care and they were placed at risk of abuse in
foster care; where there probably is abuse in at least
one foster home in three.
In most states, after a year or two of foster-care
panic, people calm down, look around, say, in effect,
“Oh, my God, what have we done to these children?” and
change course. But in Arizona, the foster-care panic has
never stopped. Children still are being taken at the same
rate as when the panic was at its height.
To counter the state of never-ending foster-care panic,
the financial incentives to take away children and the
non-financial incentives to take away children, the State
of Arizona offered one puny counter-incentive: 30 cents
an hour, which also could be retained by meeting other
goals.
And to top it off: It didn’t work. The incentives
didn’t, in fact, reduce removals. There is no evidence
that the incentive, which required maintaining safety,
compromised that safety. But there is plenty of evidence
that foster-care panics, including the one in Arizona,
leave children less safe.
But one thing deeply disturbed the reporter: Why, he
asked, should there be any incentives at all in child
welfare? Why can’t workers exist in a state of noble
purity, immune from all base influences and able to make
decisions based solely on what was best for the children?
I told him that was a nice idea - but it could work
only if the public knew about all of the incentives and if
policymakers then were able to eliminate all of them. I
pointed out that incentives, good and bad, are a fact of
life in every endeavor, including journalism.
Reporters self-censor, avoiding stories they know
management hates, and pursue stories that appeal to
editors’ interests in order to curry favor. Or they
work harder when they know there’s a vacancy in a
coveted bureau – or rumors of still another round of
layoffs. Or they work a little less hard if it’s the
Friday before vacation and they’re anxious to get out of
the office - -just as a caseworker may not make the extra
phone call to find, say, a relative with whom to place a
child if she can just dump that child in a shelter
instead.
It’s human nature in journalism, child welfare, or
any other line of work.
So what could good leadership in a child welfare agency
do about this? They could try to repeal the laws of human
nature and eliminate all incentives. Or they could do
everything possible to balance the incentives, so workers
are encouraged to do what’s best for the children, and
discouraged from doing anything else. That’s exactly
what Arizona tried, except the attempt at balance was so
feeble, so pathetic, that it changed nothing.
But readers of the Arizona Daily Star would learn none
of this.
On May 3, they would find, instead, a lead story
headlined “CPS staff to see pay cuts if goal is
unmet.” They would finish the story left with the
impression that there existed one, and only one, incentive
in child welfare: The 30-cents-an-hour for goals that
include safely keeping families together. CPS did nothing
to correct this misimpression (or if they did, the
reporter omitted it) saying only that the incentive would
not prompt workers to compromise safety. (Going only to
CPS - an agency nobody ever believes, often for good
reason - is the standard way reporters with an axe to
grind give the illusion of presenting all sides, without
the substance.)
Readers probably weren’t alone in being left in the
dark by the Star story. Editors read what a reporter
turns in, not what he leaves out. So I don’t know if
the reporter’s own editors know about all the other
incentives. At least one editor from another part of the
paper had no idea there were any financial incentives
other than the one in the story (and when I explained
this, didn’t much care).
It does not appear that the reporter explained this to
people he contacted for quotes, either. So it is no
wonder the story was filled with comments like this one
from a legislator: “We’re tipping the scales with
performance pay,” he said. In fact, the incentive did
not tip the scales at all; rather it was a puny,
pathetic, failed effort to bring them back into balance.
And soon, even that will be gone. You can bet that
within a week a memo will go out rescinding the incentive
either in fact or by implication. And, of course, the
story itself will give one more kick-start to the
never-ending Arizona Foster Care Panic.
When I e-mailed the reporter to complain about the
omission of all mention of other incentives, I discovered
that in just a few days, his question about “why are
there incentives at all?” had morphed into a decree; a
dictat from which no dissent shall be permitted. He
wrote:
You seem to miss the point. It is not that keeping
kids with the family is good or bad. It is not that
putting them in foster care is good or bad. It is,
rather, the issue of linking employee bonuses to outcomes.
Those decisions should be made based strictly on the best
interest of the children involved. Financial motivations,
or even the perception someone could be swayed by
financial motivations, are inappropriate.
There are several problems with this.
For starters, while such a comment is appropriate
coming from a columnist or an editorial writer, such
pronouncements have no place coming from a reporter.
Whether financial incentives are or are not appropriate is
something for readers to decide - after being given enough
information to make an informed decision.
Second, the story deals with only one kind of incentive
- and since that incentive deals with only one kind of
outcome, keeping kids with the family, the story does
indeed deal with the issue of whether “keeping kids with
the family is good or bad.” Only a story which dealt
with incentives in both directions could be genuinely
neutral on this point.
And third, by pressuring CPS to abolish an incentive in
one direction while leaving all the others intact, the
story does the opposite of the reporter’s own alleged
goal. Arizona’s vulnerable children are a large step
farther away from a system that makes decisions purely on
the basis of best interests than they were five days ago,
because the scales are now father out of balance. And
that means, these children are less safe. (Of course, if
the reporter’s real goal was to encourage more foster
care, then his goal was accomplished; and I’ll leave
for another day the whole issue of defining best interests
and what happens when the best interests of the child
conflict with the best interests of children.)
As it happens, on the very day the Star story appeared,
the need for balance in incentives was illustrated, albeit
indirectly, in a story in Tucson’s other daily, the
Tucson Citizen.
It reported on the trial of a foster mother charged in
connection with the death of her foster child, Dwight
Hill. Dwight died in November, 2005, within weeks of the
death of another Tucson area foster child, Emily Mays.
These cases got far less attention than the recent deaths
of children in the same community at the hands of birth
parents. (Nothing new, there.)
Dwight was born with cocaine in his system. He was
confiscated at birth and parked at the local parking place
shelter. Then he was placed in a foster home recruited
and overseen by a private agency. They also were caring
for three other foster children, including two toddlers,
and a birth son with medical problems. The foster father
listed his occupation as unemployed, the foster mother
listed hers as “foster mother” – raising a question
about financial incentives a lot bigger than 30 cents an
hour.
Eleven days later Dwight Hill was dead. According to
the Citizen: “A Pima County coroner's autopsy report
indicated the baby died of blunt-force trauma, bleeding in
the brain and a fractured skull.” The prosecutor said he
died "in a way no person should have to endure."
The foster mother says she has no idea how Dwight died
and was not negligent in getting him medical attention.
That, a jury will decide.
But here’s what we do know:
There was every incentive for the caseworker to
confiscate Dwight at birth - and no incentive for her to,
say, fight extra hard to find a drug treatment program
where mother and child could live together, which research
shows is far better for a child’s well-being than even a
good foster home. There was every incentive to just dump
Dwight at the shelter – nothing could be easier, and no
one would ever question it - and no incentive to work
extra hard to find a relative, if Dwight really couldn’t
stay with his mother. There was every incentive for the
private agency, paid for every day Dwight was held in
foster care, to push to keep him there as long as
possible. There was every incentive for that private
agency to stuff as many foster children into that home as
the law allowed. And there was no incentive for anyone to
ask if four very young foster children and a disabled
birth child were too much for the foster mother.
This all happened before the state tried to balance the
scales with that tiny incentive to think more carefully
and work a little harder to keep children like Dwight and
Emily out of foster care.
So by the logic of the reporter who wrote the Star
story, the decisions to remove Dwight Hill from his own
home and place him first in a shelter and then in the
foster home where he died were perfect in their purity,
utterly untainted by filthy lucre, and so, must have been
made solely based on Dwight Hill’s best interests. The
same must have been true with the decisions in the case of
Emily Mays.
One thing puzzles me, though.
How was it in the best interests of Dwight Hill and
Emily Mays to die?
Parentectomy for Sick Toddler
May 1, 2007
A sick child is treated by the medical/child protection
systems by cutting him off from mom and dad. This is not
the most common kind of protection case, but there have been
many others. The story below is an edited version of the
mother's own story posted to the internet.
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I need advice
May 1, 2007 at 9:54pm
My 23-month-old son was apprehended from me and my
husband May 5, 2006 and still remains in CAS. I have two
other children who remain in our care. At the time he was
apprehended he had problems one being that he had a
feeding adversion and wouldn't drink and two he eventually
was diagnosed with acid reflux. All these problems
started at the age of two months where he found it painful
to eat and wouldn't drink. He then had a feeding tube
inserted in his nose and underwent several tests to see
why he just wouldn't eat.
He was apprehended because CAS says me and my husband
didn't pay enough attention to him and that he was
malnutritioned. He has had problems since two months old
and we have taken him to the hospital several times to get
him help but all those times it was just put against us
from CAS in court saying we didn't provide the best care
for him. He remains in care and since being in care he
has been in the hospital over 20 times if not a lot more
for the same reasons as in our care: vomiting, coughing,
gagging when on tube feeds, fevers, dehydrations, not
eating, etc. He then was transferred to Ottawa's cheo
sick kids hospital where they did some of their own tests
and found something wrong with him. They found out that
the upper sphincters in my son's stomach weren't opening
and closing like they should and everything he was eating
or drinking was coming right back up. So they had to go
in and operate, where they wrapped some of the stomach
around the esophagus to put pressure on the sphincters,
plus inserted a Gtube in his tummy. He recently was
vomiting again from the surgery they did, said it would
prevent vomiting. He was admitted back in the hospital in
the place I live and was there for a week for vomiting,
gagging, and drainage around the site of his tube. He is
also back on acid block medication and is out of hospital
and so far is doing good.
I am currently fighting CAS and hoping something gives.
I have other kids with us that are fine and healthy.
Less Help for Families
May 1, 2007
Families unable to hire a lawyer have been able to use
the services of lower-priced paralegals in child protection
cases, not to make sophisticated legal arguments, but to
fill out basic forms and affidavits giving them an
opportunity to present their case to the judge.
No more. The ironically named "Access to Justice Act"
prevents paralegals from working in family law cases. Now
families lacking the funds to hire a lawyer (most of them)
will have to use no representation at all, or go with legal
aid, which experience shows is often worse.
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Peterborough Examiner
Paralegals now required to have licence to
do auto insurance, immigration cases
By SARAH DEETH
Monday, April 30, 2007 - 00:00
Local News - New legislation that will regulate
paralegals through the Law Society of Upper Canada is
creating controversy among paralegals.
Don Menzies, a director for the Paralegal Society of
Ontario, said the province's legislation is the first of
its kind in North America.
It comes into effect Tuesday.
"We're not opposed to regulation but we would rather
see the law society regulate lawyers and the paralegal
society regulate paralegals," he said, adding that
paralegals have always been in favour of self regulation.
The title of the legislation, Access to Justice, is
almost an oxymoron, he said.
"They call it 'Access to Justice' but it will deny a
lot of people justice," he said.
The Law Society has laid out rules dictating where
paralegals can and can't work, Menzies said.
Paralegals can work in Provincial Offences court and in
any legislation created by the province, such as
disability and pension issues.
Paralegals can also work in auto insurance and
immigration, Menzies said, but those areas will require a
special licence.
"It's what we're not allowed to do that's creating
contention," Menzies said. "We cannot do family law and
we cannot do wills and estates."
There has always been a lot of work for paralegals in
those areas, he said.
"A lot of people are going to be out of business
effective (Tuesday)," Menzies said.
"Paralegals generally represent people who can't afford
lawyers. People will fall through the cracks because they
can't afford a lawyer."
The Paralegal Society is trying to keep its members
up-to-date on the situation, Menzies said, and his e-mail
has been flooded with people asking questions.
In addition to turning paralegals away from some areas
of law the legislation is going to increase business
costs, he said.
Paralegals will have to pay a fee in order to apply to
the Law Society of Upper Canada, Menzies said, and will
have to pay the cost of an exam scheduled for later this
year.
Paralegals will also be required to have a minimum $1
million insurance policy, he said.
"A lot of paralegals don't have insurance," he said.
Paralegals who have practiced in a certain area for
more than three years will be able to side-step some of
the process by being "grandfathered" in, Menzies said.
This involves proving that you've worked in that area
for three years, he said, and the deadline for that
process is in November.
It's going to be hard for anyone hoping to start a
career as a paralegal, he said, especially someone who's
not sure where their career path will take them.
"We're in favour of regulation but it's a question of
who's regulating," he said.
(Online at 8 p.m. Monday.)
Brantford Rally for Norris
May 1, 2007
The Norris
family is a perfect example of the most common
children's aid intervention, a family headed by a single
mother. It does not involve any of the common problems in
such families, such as alcohol or drug abuse, or (before the
intervention) poverty. It is the perfect case for a
demonstration, and a rally is planned for Monday June
18.
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Rally in Brantford
posted by: casinternment
date: Tue May 01, 2007 2:15 am
We are having a rally in Brantford on June 18th, at the
CAS offices. They are just across the road from City
Hall, I was thinking about a protest walk to the City
Hall. Let’s let them know we need this system changed
for our children, our families and for our future.
Contact: Cathy casinternment@msn.com
Brant CAS is at 70 Chatham Street, Brantford. City
Hall is two blocks south, at 100 Wellington Street.
Addendum: More plans made May 10:
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This is the itinerary for the rally Monday June 18.
Everyone should meet at Tim Horton's on Colborne St in
Brantford at 8:30am. We will proceed to the CAS offices
at 70 Chatam St at 9:00am. From there we will walk to the
City Hall and then to the MP's office.
We will be organizing a lunch BBQ at Mowhawk Park at
12:00pm.
For those looking for directions, a map and or a ride,
please email me at gammy@inbox.com
If you can take anyone with you, email me and I will
try and coordinate the rides.
Please feel free to copy and paste this information on
any boards you feel would be interested.
Richmond Smith R.I.P.
April 30, 2007
Ronald E Smith is an organizer of a family rights
demonstration planned for Washington DC this August 18.
His son Richmond was forced to take Ritalin, a drug which
has been associated with cancer. On April 27 Richmond died
of cancer at age 20. There will be a funeral at the Carter
Funeral Home in Chicago on May 4.
The father's message:
At 8:33pm on April 27th my son Richmond Elihu Smith
passed. He made a peaceful transition and has added
fervor to my fight to put an end to the senseless
medication of our children and parental alienation. I
thank you all for your prayers and it is now time to stop
asking for our rights as parents to be recognized and
begin demanding that our God given fundamental rights as
parents to be recognized at all cost. His death will not
be in vain.
Minister Ronald E. Smith, CEO
Children Need Both Parents, Inc.
www.cnbpinc.org
Addendum: Here is the
preliminary title for the rally led by Minister Ronald
Smith:
IS TODAY THE LAST DAY YOU WILL EVER SEE YOUR
CHILDREN?
RALLY IN WASHINGTON, DC AUGUST 18 TO ENSURE THE ANSWER
IS NO!
Watch a small part of a speech by
Ronald Smith on YouTube. Families finally have a leader
with real charisma.
Tayler Gets Better
April 27, 2007
The maltreatment of Tayer Diamond by doctors at McMaster
has been remedied by transfer of the girl to Toronto's
Hospital for Sick Children. The CAS is no longer menacing
the family. Earlier stories
January 6,
January 2 and
October 11, 2006.
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Tayler 'happy' her chemo scaled back
By Susan Gamble, expositor staff - Thursday, April 26,
2007 @ 01:00
The young girl who was forced by the Children’s Aid
Society to take chemotherapy treatment now has a new set
of doctors and treatment regimen in Toronto.
Tayler Diamond, 9, is still undergoing chemotherapy,
but at lighter doses which make her mother more
comfortable.
The girl was at the centre of a controversy last year
when her mother, Lisa Diamond, ended Tayler’s chemo
treatments at McMaster hospital, opting to pursue
alternative treatments while Tayler’s acute
lymphoblastic leukemia was in remission.
The girl had about a year of chemo, which left her
burned and blistered and — at one point — she went
into septic shock when the medical procedures almost
killed her.
When Tayler was removed from the treatments, doctors at
McMaster insisted that another year of treatments was
needed in order to ensure the leukemia didn’t return.
The doctors threatened to call the Children’s Aid
Society and then did so.
Tayler was ordered back into treatment despite studies
turned up by her mother showing many pediatric cancer
patients die of secondary illnesses, often caused by the
chemotherapy.
The local CAS used a judge-issued protection order
under the Child and Family Service Act that allows the
organization to step in if it feels a child needs medical
treatment.
While the girl tolerated the next few months of chemo
relatively well, Diamond said doctors continued to yell at
her for her views, often in front of her daughter.
“I finally demanded a transfer to Toronto,” Diamond
said this week.
At an assessment at Sick Kids Hospital, doctors opted
for a break from the chemo because Tayler’s condition
was too fragile. She had been susceptible to infections
for several months and her mother said Tayler’s mouth
was full of large canker sores that made it difficult for
her to eat.
“Now she’s slowly gaining weight back,” Diamond
said. “Toronto also knocked the level of her chemo down
by two notches.”
She is delighted with the different attitude she’s
found at Sick Kids although she still insists that if it
were up to her alone, she’d opt out of the chemo.
The best news Diamond has had in a while is the closure
of Tayler’s file by the Children’s Aid Society. The
file was closed within about a month of Tayler’s
transfer to Sick Kids.
“I’m more comfortable now because Sick Kids seems
so committed to double and triple checking everything.
They involve me in the process and show us exactly what
she’s being given.”
Today, Tayler is less anxious about the chemo protocol
and the setting.
She and her mother have to rise at 4 a.m. each week on
chemo morning and are on the road at 5:30 a.m. but
Diamond said the extra effort is worthwhile.
“She’s happy. She thinks Sick Kids is like a mall
where you can shop. You do what’s in her best
interests.”
Diamond said Tayler continues to look forward to her
alternative treatments of reflexology and reiki (a
Japanese holistic touch technique) and continues to take
nutritional supplements.
Runaways
April 26, 2007
Two more girls, who seem to prefer life with their
families to CAS care, are wanted by Sudbury Children's
Aid.
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Northern Life
Two children missing in Sudbury area
Date Published | Apr. 26, 2007
The Children's Aid Society of the Districts of Sudbury
and Manitoulin is requesting the public's assistance in
locating two female children.
1) Sara Linklater is an 11-year-old First Nation youth.
She is approximately 5'3” and wighs approximately 137
lbs. She has straight, shoulder length black hair, brown
eyes and a dark complexion. She has a scar on her left
pinky toe.
Linklater is believed to be in downtown Sudbury and may
be with her sister.
2) Allanah Michelle Harvey is15 years old. She has
been seen only on two occasions since December 16, 2006.
The last time Alanah was seen was February 28, 2007.
Harvey is 4'9” and weighs 100 lbs. She has blue
eyes, shoulder length coloured blonde/brown hair and a
light complexion.
If you have any information with regards to the
whereabouts of this child, please contact your local
police department or Children's Services at (705)
521-7375.
Addendum: From the same
source: Published: Apr. 27, 2007. Sara Linklater has
been found but assistance is still required with locating
Allanah Harvey.
Cole Norris in CAS Custody
April 26, 2007
Cole Norris is back in CAS custody. This time it is in a
Brantford foster home, and he is not subject to the harsh
conditions of the Kingston Gulag. The family agreed to this
as the only way to get Cole prepared for high school next
year. The family financial decline continues. Cathy can no
longer make long-distance phone calls. She expects all
phone and internet service to end soon.
Junk Science Research
April 26, 2007
The following post from a survey participant shows how
CAS gets its research results favoring more services. The
formal name for this technique is advocacy research.
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posted by Barb, Wed Apr 25, 2007 10:45 am
warning CAS conducting new study
I was contacted by the CAS and asked if I would like to
participate in a study by McMaster University and answer
questions of the 'services' provided by the CAS. So I
jumped at the chance to tell how they can improve and how
much they actually damaged our life. I thought I could
contribute to a good study that could make changes.
Boy am I brain damaged. I would think that by now I
would know how they would run their studies. This of
course is being paid by the CAS.
The questions were such: How much money do I have? Am
I able to provide food clothing needs? Do I work? Do I
get any enjoyment in life? How is my mood now? Any
problems feeling happy lately?
OK. I am in poverty now BECAUSE of the CAS. No room
for that answer. True or false?
No I don't work because I have to spend all my time
getting ready for court and making affidavits. No room
for that answer either. I worked BEFORE CAS intervention.
Am I sad, overwhelmed, feeling helpless? YES, BECAUSE
OF CAS intervention. Nope no room for that answer.
There were no questions as to how I like the services
from the CAS. There were no questions of how it has
affected me. Nope. This questionnaire kept stating that
I have received services from the CAS and by participating
I could receive more services. I have never received
services. If they service me anymore I will be homeless.
I see from this questionnaire that in three years when
this is done that the CAS will state that all the families
they HELP are stressed, overwhelmed, depressed and
impoverished. They will use this to give more 'services.'
Dunn Follows Up
April 25, 2007
The tenacious John Dunn continues his efforts to get the
membership list of his local children's aid society.
Following the refusal of CAS to provide the list in
conformance with the law, he has followed up with a
complaint to the Ministry of Government Services. Whatever
the outcome, he has already demonstrated the futility of
efforts to reform children's aid from within.
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John Dunn
12-1160 Meadowlands Drive East
Ottawa, ON
K2E 6J2
Phone: 613-228-2178
Ministry of Government Services
Companies and Personal Property Securities Branch
Compliance Section
200-393 University Avenue
Toronto, ON, M5G 2M2
Date: March 25, 2007
RE:
Ontario Corporation No. 37637
Incorporation Date: 1933-05-27
The Children's Aid Society of Ottawa
La Societe de L'aide a L'enfance d'Ottawa
1602 Telesat Court
Ottawa, ON
K1B 1B1
Non-Compliance Report:
I am filing a non-compliance report with the Ministry
of Government Services, Companies and Personal Property
Securities Branch, Compliance Section regarding
Ontario Corporation Number 37637, c.o.b. as The
Children's Aid Society of Ottawa / La Societe de L'aide a
L'enfance d'Ottawa, a non-share capital corporation
registered with the Province under the Corporations
Act, R.S.O. 1990, c. C.38, as amended (herein
referred to as the Act) and its Board of Directors who
together as both a corporate body and as directing minds
of the corporation, committed the Offence of contravening
section 307 (5) of the Corporations Act by respectively,
not furnishing a list of the members of the corporation
and by allowing, permitting, or acquiescing to such
Offence.
Background:
On February, 05, 2007, John Dunn, a citizen of Ontario,
filed in-person with Ontario Corporation Number 37637 a
request for a list of the members of the corporation in
accordance with section 307 (1) of the Act including the
required sworn affidavit and a reasonable fee of $20.00.
The corporation retained the services of a Lawyer,
Robert C. Morrow, of Burke-Robertson Barristers &
Solicitors who wrote a letter to John Dunn, on behalf of
the Board of Directors of the corporation, stating that
they were not going to provide a list of the members of
the corporation, which according to section 307 (5) of the
Act is an Offence and returned the original request
package without retaining a copy for their own
records.
The letter included opinions of the Board members and
false presumptions that John Dunn would not use the list
or the information contained therein for purposes
connected with the corporation, contrary to his sworn
affidavit, and asserted that to furnish the list of
members would be in violation of provisions of the
Personal Information Protection and Electronic
Documents Act (PIPEDA).
These presumptions and assertions are not valid since
the sworn affidavit ensures that the requesting party only
uses the list and the information contained therein for
purposes connected with the corporation, and since the
PIPEDA only applies to a Federal Work, Undertaking or
Business, and not to a non-share capital corporation which
is exclusively legislated by a Legislature of a province
according to ss. 2(1)(i) & (j) of PEPEDA, which in
this matter, the corporation clearly is.
John Dunn made several attempts with the Society
through letters and emails to resolve the matter, and even
went to far as to try and contact the Board of Directors
so that he could file the request with them personally but
the Society refused to accept deliveries for the Board
members.
Instead, John Dunn had to find the contact information
of the Vice President and the Treasurer on his own via
extensive Internet research so that he could file the
request with the Board members personally.
Rick O'Connor, the Vice President of the corporation,
and a Lawyer, (City Solicitor for the Cit of Ottawa) told
John Dunn to cease and desist from communicating with him
at his place of employment, even though he had previously
been informed by John Dunn that the corporation was not
accepting deliveries for Board members at their offices.
All attempts to communicate with the corporation have
been ignored and no action has been taken by the
corporation on this matter. This all appears to be in bad
faith and it is a strict liability matter, which
accordingly only gives them the defences of Due Diligence
and Mistake of Fact. Neither of which can be used in this
case since they did not do anything to attempt to comply
with the request, nor were they reasonably mistaken as to
their duty to furnish the list within ten days from the
date of the filing of the request with the
corporation.
Action Request:
I would like to ask the Compliance Section of the Ministry
to please inform me of what steps will be taken to ensure
the corporation complies with their obligation to furnish
a list of the members of the corporation in accordance
with section 307 (1) of the Act.
Sincerely,
John Dunn
Relevant Legislation Below: ss. 307 (1)
& (5), Corporations Act, R.S.O. 1990, c.
C. 38, as amended.
Where list of shareholders to be furnished
307.(1) Any person, upon payment of a reasonable charge
therefor and upon filing with the corporation or its agent
the affidavit referred to in subsection (2), may require a
corporation, other than a private company, or its transfer
agent to furnish within ten days from the filing of such
affidavit a list setting out the names alphabetically
arranged of all persons who are shareholders or members of
the corporation, the number of shares owned by each such
person and the address of each such person as shown on the
books of the corporation made up to a date not more than
ten days prior to the date of filing the affidavit.
Offence
307.(5)Every corporation or transfer agent that fails
to furnish a list in accordance with subsection (1) when
so required is guilty of an offence and on conviction is
liable to a fine of not more than $1,000, and every
director or officer of such corporation or transfer agent
who authorized, permitted or acquiesced in such offence is
also guilty of an offence and on conviction is liable to a
like fine.
Car Seat Clinic
April 25, 2007
More kids die in traffic accidents than from child abuse.
Car seats sound like a remedy but are useless in practice
since they are rarely installed properly. We reported last
year on a tragedy
that struck the family of professional child
protectors.
A clinic to correctly install car seats could be a big
help. But who would be the best person to fix your car
seat? A mechanic with wrenches, or a cop with handcuffs?
Gullible parents are invited to participate in a car seat
clinic hosted by the Dufferin OPP on Friday. Bring along
you child, so the cops can send him directly to foster care
without going to your home to pick him up.
A clinic of this kind might work if hosted by Canadian
Tire or Walmart.
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Orangeville Banner
Dufferin OPP host car seat clinic, Friday
Helping parents to keep their young children safe,
Dufferin OPP is hosting a free child seat clinic Friday
afternoon. Officers will take a look at how the seats are
installed and make any corrections.
According to field statistics, nine out of 10 child
seats are used improperly, a press release states. When
used properly, the seats reduce the risk of injury by 70
per cent and the risk of death by 90 per cent.
To book an appointment, call Dufferin OPP at
519-925-3838. Participants are asked to bring their
vehicle manual, car seat manual and, if possible, their
child.
Ombudsman Still Needed
April 25, 2007
Ontario's ombudsman André Marin reminds us that
a child advocate is no substitute for the ombudsman.
Read the press release below or André Marin's submission to
the standing committee(pdf)
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PRESS RELEASE
APRIL 24, 2007 - 15:49 ET
Child Advocate is no Substitute for
Ombudsman
TORONTO, ONTARIO--(CCNMatthews - April 24, 2007) -
ATTENTION NEWS EDITORS:
Ontario Ombudsman Andre Marin today praised the
province's proposed new Child Advocate legislation but
cautioned that it will still leave a dangerous gap in the
system that is supposed to protect vulnerable children.
Bill 165, the Provincial Advocate for Children and
Youth Act, takes only "baby steps" toward an effective
system of child protection, Mr. Marin says in his
submission to the Standing Committee on Justice Policy,
which is holding hearings on the bill this week. The
Advocate may speak for children but, unlike an ombudsman,
will have no investigative powers: "An advocate is as
much an ombudsman as an apple is an orange."
Yet Ontario's Ombudsman is unable to investigate the
hundreds of complaints to his office about children's aid
societies each year (more than 600 in 2006-07), because
they remain outside of his jurisdiction. Cases that
should be investigated are effectively thrown away, Mr.
Marin says: "Despite all the government rhetoric that
'children are our future,' we in Ontario are choosing to
rid ourselves of hundreds of these serious allegations
every year by taking a trip to the dumpster and looking
the other way." Ontario is the only province in Canada
where children's aid societies escape such scrutiny, he
notes. "However you slice, chop or spin it, there is no
contest as to which province finishes dead last in
investigating children's complaints. Ontario does."
Mr. Marin's submission calls on the government to act,
in addition to establishing the Provincial Advocate, to
amend the Ombudsman Act to include jurisdiction over
children's aid societies. Unlike the provincial coroner
and other bodies, the Ombudsman can investigate complaints
by parents and children "before tragedy strikes," he
points out.
Mr. Marin has advocated for the Ombudsman's mandate to
be modernized to allow for oversight of such bodies as
children's aid societies since his appointment in April
2005 - following a quest begun by Ontario's first
Ombudsman, Arthur Maloney, in 1975.
Aussi disponible en francais
Read the full submission under What's New at www.ombudsman.on.ca
CONTACT INFORMATION
For more information or to arrange interviews with the
Ombudsman contact:
Linda Williamson, Communications and Media Relations
Manager
(416) 586-3426
Email: lwilliamson@ombudsman.on.ca
Website: www.ombudsman.on.ca
Addendum: Even the Toronto Star
has printed an article advocating ombudsman oversight for
children's aid.
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Deaths spur dad to action
Daughters died after children's aid society
downplayed pleas; now father backs ombudsman in bid for
powers to investigate
April 25, 2007, Moira Welsh, Staff Reporter
Every time he sees a child on a swing, Leo Campione
thinks of his dead little girls.
Every minute of every day, there is something that
reminds him of 3-year-old Serena and 1-year-old Sophia,
tousle-haired and grinning.
They were found drowned in their mother's Barrie
apartment in October 2006.
Despite numerous red flags and several occasions where
the Simcoe County Children's Aid Society removed the
children from her care, social workers downplayed his
pleas for intervention until it was too late.
"If I am in a mall and there are other children running
and I hear a baby call out `Daddy,' it is just a torment
to my heart," Campione said yesterday. "It is
indescribable. This happened to me. I am going to do
everything possible to make sure it doesn't happen to
anybody else."
To that end, Campione, 35, who works with the Universal
Workers Union, Local 183, is now publicly supporting the
efforts of Ontario ombudsman André Marin, who wants the
government to give him the power to investigate the
province's 53 children's aid societies.
"I have already lost all that is most precious and
valuable to me. I really don't have anything to gain,
except that their deaths were not in vain," Campione said.
"My greatest resolve now is that this does not happen
to any other children. It is what gives me the strength
to keep going."
Marin has sent a written submission to the Standing
Committee on Justice Policy at Queen's Park asking for
investigative powers for the ombudsman's office. The
committee is holding hearings this week on Bill 165, the
Provincial Advocate for Children and Youth Act, which will
give greater independence to Ontario's child advocate,
Judy Finlay.
But Marin says that an advocate cannot investigate the
way an ombudsman can – a power to scrutinize that he
says is enshrined in all other provinces.
"The system is virtually entirely funded by the
government to a tune of $1.4 billion a year," Marin said.
"But it is a system without checks and balances, where
people who have issues about the children's aid have no
place to turn unless there is a dead body, in which case
the coroner can get involved."
The Ontario Association of Children's Aid Societies
says there's no need for Marin's oversight. Spokesperson
Marcelo Gomez-Wiuckstern said the agencies are subject to
numerous accountability reviews. The Child and Family
Services Review Board, created last year, already hears
complaints from families, he said.
But Marin, who said his office received over 600
complaints on the societies last year, contends the board
does not have strong investigative powers.
Campione lost custody of his daughters after his
estranged wife, Frances, accused him of assaulting her and
their eldest daughter, Serena.
He was allowed supervised access to his daughters from
the Simcoe County Children's Aid Society, and records
showed that social workers gave him positive reviews –
an issue that angered his wife, who railed against his
access.
In January, a judge stayed the assault charges against
Campione because the Crown's chief witness against him was
his wife. She now faces a trial, after being charged with
two counts of first-degree murder.
After their deaths, a family court file was made
public. It detailed years of family troubles. It
contained a sworn statement from her father-in-law, saying
she appeared at their home unexpectedly, behaving in an
erratic manner, asking that they care for the girls
because someone wanted to kill her.
There were numerous warnings that her mental health was
deteriorating. She was hospitalized for her mental
instability, losing care of her children each time,
although they were always returned.
Despite this, and repeated warnings from Campione that
the girls were in danger, the social workers said that the
mother was best suited to provide their care.
"It was extremely frustrating," he said.
"I felt like my hands were tied at all times. I felt
the children's aid society was an organization that ran
independently, that their actions or inactions or whatever
decision they made, was unilateral.
"I just felt like David and Goliath."
The Simcoe children's aid society said last fall it was
going to conduct an internal review of the decisions
leading up to Serena and Sophia's deaths.
So far, says Campione, those investigators have yet to
call him.
Virginia Tech Massacre
April 24, 2007
Following the 33 deaths in the Virginia Tech massacre of
April 16, many interested parties have seized the
opportunity to advocate for their pet reform. More
restrictive immigration. Better gun control. Fewer gun
controls (so victims could shoot back). Control violent
video games. More (involuntary) mental health services.
In all the high school shootings of the past decade, we
have noticed one of the following factors (sometimes both)
in just about every case:
- The shooter was separated from his father by force of
arms
- The shooter was on psychotropic drugs
So far there is no indication killer Cho Seung-Hui was
separated from his father but he was on psychiatric drugs.
The exact drug is unknown since his medical records are
being suppressed on grounds of confidentiality.
Psychotropic drugs suppress the generation of chemicals
in the brain, usually neuro-transmitters. The brain
compensates by becoming more sensitive to what little of the
chemical is still being produced. Withdrawal from the drug
results in restoring production of the neuro-transmitter to
normal levels in a brain made hyper-sensitive to it. This
produces the behavior oppositite to that intended for the
drug.
A multi-media package Cho mailed to NBC news during a
break in his killing spree shows a severely disturbed man,
not really coherent or rational. This from a man who must
have been in the intellectual upper crust to gain admission
to the school. Reporters noted the similarity to the rants
of the Columbine killers, also on psychotropic medication.
The mainstream press has not dealt with the drug
connection to the massacre. The article below is from the
internet press, WorldNetDaily.
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Monday, April 23, 2007
VIRGINIA TECH MASSACRE
Are meds to blame for Cho's rampage?
Experts say psychiatric drugs linked to
long list of school shooting sprees
By Bob Unruh, WorldNetDaily.com
Cho Seung-Hui
Cho Seung-Hui's murderous rampage – during which he
killed 32 students and faculty members at Virginia Tech
– is prompting research into gun laws, resident aliens
and graphically violent writings. Investigators also may
want to check his medicine cabinet, because psychiatric
drugs have been linked to hundreds of violent episodes,
including most of the school shootings in the last two
decades.
The New York Times has reported
the killer was on a prescription medication, and
authorities have said he was confined briefly several
years ago for a mental episode. They also have
confirmed that the "prescription drugs" found among his
effects related to the treatment of psychological
problems.
Dr. Peter Breggin, a prominent critic of psychiatric
drugs and founder of the International Center for the
Study of Psychiatry and Psychology, said even if Cho
wasn't taking psychiatric drugs the day of the shooting,
"he might have been tipped over into violent madness weeks
or months earlier by a drug like Prozac, Paxil, or
Zoloft."
While media reports have focused on guns and gun laws,
Cho's violent writings and autistic behavior at Virginia
Tech and the delay in notifying students and faculty of
the beginnings of the shootings, there are those who say
the focus should be on his medical history.
"In my book 'Reclaiming Our Children,' I analyzed the
clinical and scientific reasons for believing that Eric
Harris's violence was caused by prescribed Luvox and I've
also testified to the same under oath in depositions in a
case related to Columbine," Breggin wrote, referring to
the 1999 tragedy when Harris and classmate Dylan Klebold
shot and bombed students at the Colorado school until a
dozen were dead.
"In my book "The Antidepressant Fact Book," I also
warned that stopping antidepressants can be as dangerous
as starting them, since they can cause very disturbing and
painful withdrawal reactions," he added.
The TeenScreenTruth website, dealing with the
campaign to "screen" children for "problems" and then
prescribe drugs, has documented an extended list of
violent episodes believed connected to the use of
psychiatric drugs.
They range as far back as 1985, when Atlanta postal
worker Steven W. Brownlee, who had been getting
psychotropic drugs, pulled a gun and shot and killed a
supervisor and a clerk.
Among the specifically school-related attacks the site
documents are:
- In 1988, 31-year-old Laurie Dann, who had been taking
Anafranil and Lithium, walked into a second-grade
classroom in Winnetka, Ill., and began shooting. One
child was killed and six wounded.
- Later that same year, 19-year-old James Wilson went on
a shooting rampage at the Greenwood, S.C., Elementary
School and killed two 8-year-old girls and wounded
seven others. He'd been on Xanax, Valium and five
other drugs.
- Kip Kinkel, a 15-year-old of Springfield, Ore., in
1998 murdered his parents and proceeded to his high
school where he went on a rampage killing two students
and wounding 22 others. Kinkel had been prescribed
both Prozac and Ritalin.
- Patrick Purdy, 25, in 1989 opened fire on a school
yard filled with children in Stockton, Calif. Five
kids were killed and 30 wounded. He been treated with
Thorazine and Amitriptyline.
- Steve Lieth of Chelsea, Mich., in 1993 walked into a
school meeting and shot and killed the school
superintendent, wounding two others, while on Prozac.
- 10-year-old Tommy Becton in 1996 grabbed his
3-year-old niece as a shield and aimed a shotgun at a
sheriff's deputy who accompanied a truant officer to
his Florida home. He'd been put on Prozac.
- Michael Carneal, 14, opened fire on students at a high
school prayer meeting in Heath High in West Paducah,
Ky. Three died and one was paralyzed. Carneal
reportedly was on Ritalin.
- In 1998, 11-year-old Andrew Golden and 14-year-old
Mitchell Johnson apparently faked a fire alarm at
Westside Middle School in Jonesboro, Ark., and shot at
students as they left the building. Four students and
a teacher were killed. The boys were believed to be
on Ritalin.
- In 1999, Shawn Cooper, 15, of Notus, Idaho, took a
shotgun to school and injured one student. He had
been taking Ritalin.
- April 20, 1999, Eric Harris, 18, and Dylan Klebold,
17, shot and killed 12 classmates and a teacher and
wounded 24 others. Harris had been taking Luvox.
- Todd Smith walked into as high school in Taber,
Alberta, Canada in 1999 with a shotgun and killed one
and injured a second student. He has been given a
drug after a five-minute phone consultation with a
psychiatrist.
- Steven Abrams drove his car into a preschool
playground in 1999 in Costa Mesa., Calif., killing
two. He was on probation with a requirement to take
Lithium.
- In 2000, T.J. Solomon, 15, opened fire at Heritage
High School in Conyers, Ga., while on a mix of
antidepressants. Six were wounded.
- The same year Seth Trickey of Gibson, Okla., 13, was
on a variety of prescriptions when he opened fire on
his middle-school class, injuring five.
- Elizabeth Bush, 14, was on Prozac. She shot and
wounded another student at Bishop Neumann High in
Williamsport, Pa.
- Jason Hoffman, 18, in 2001 was on Effexor and Celexa,
both antidepressants, when he wounded two teachers at
California's Granite Hills High School.
- In Wahluke, Wash., Cory Baadsgaard, 16, took a rifle
to his high schooland held 23 classmates hostage in
2001. He has been taking Paxil and Effexor.
- In Tokyo in 2001, Mamoru Takuma, 37, went into a
second-grade classroom and started stabbing students.
He killed eight. He had taken 10 times his normal
dosage of an antidepressant.
- Duane Morrison, 53, shot and killed a girl at Platte
Canyon High School in Colorado in 2006.
Antidepressants later were found in his vehicle.
- In 2005, 16-year-old Native American Jeff Weise on the
Red Lake Indian Reservation in Minnesota was under the
influence of the antidepressant Prozac when he shot
and killed nine people and wounding five before
committing suicide.
Another case involving a school-age youth – although
not at a school – happened in 1986, when 14-year-old Rod
Mathews of Canton, Mass., beat a classmate to death with a
baseball bat while on Ritalin.
And just a few among the dozens of incidents cited, but
not apparently related to schools:
- William Cruse in 1987 was charged with killing six
people in Palm Bay, Fla., after taking psychiatric
drugs for "several years."
- The same year, Bartley James Dobben killed his two
young sons by throwing them into a 1,300-degree
foundry ladle. He been on a "regimen" of psychiatric
drugs.
- Joseph T. WesBecker, 47, just a month after he began
taking Prozac, shot 20 workers at Standard Gravure
Corp. in Louisville, Ky., killing nine. Eli Lilly,
which makes Prozac, later settled a lawsuit brought by
survivors.
- In 1991, 61-year-old Barbara Mortenson, on Prozac for
two weeks, "cannibalized her 87-year-old mother …"
- In 1992, Lynnwood Drake III, shot and killed six in
San Luis Obispo and Morro Bay. Prozac and Valium were
found in his system.
- Sixteen-year-old Victor Brancaccio attacked and killed
an 81-year-old woman, covered her corpse with red
spray-paint. He was two months into a Zoloft regimen.
- While on four medications including Prozac, Dr.
Debora Green in 1995 set her Prairie Village, Mo.,
home on fire, killing her children, ages 6 and 13.
- Kurt Danysh, 18, shot and killed his father in 1996,
17 days after his first dose of Prozac. "I didn't
realize I did it until after it was done. … This
might sound weird, but it felt like I had no control
of what I was doing, like I was left there just
holding a gun."
- In 1998, GlaxoSmithKline, maker of Paxil, was ordered
to pay $6.4 million to surviving family members after
Donald Schnell, 60, just 48 hours after taking Paxil,
flew into a rage and killed his wife, daughter and
granddaughter.
The website also cites psychiatrist Chester M. Pierce,
in a speech advocating for the treatment of children and
youth.
"Every child in America entering school at the age of
five is insane because he comes to school with certain
allegiances to our founding fathers, towards our elected
officials, towards his parents, towards a belief in a
supernatural being, and towards the sovereignty of this
nation as a separate entity. It's up to you as teachers
to make all these sick children well – by creating the
international child of the future," Pierce told a 1973
childhood seminar.
Breggin's conclusion that whatever mental
manifestations were causing Cho's dangerous behavior,
resulting in a professor asking for him to be removed from
her class and two complaints of stalking, there was a
solution.
"The answer to vengeful, violent people is not more
mental health screening or more potent mental health
interventions. Reliance on the whole range of this system
from counseling to involuntary treatment failed. There is
not a shred of scientific evidence that locking people up
against their will or otherwise 'treating' them reduces
violence. As we'll see, quite the opposite is true," he
wrote. "So what was needed? Police intervention."
He wrote that "it's not politically correct to bring
criminal charges against someone who is 'mentally ill' and
it's not politically correct to prosecute him or to remove
him from the campus. Yet that's what was needed to
protect the students. Two known episodes of stalking,
setting a fire, and his threatening behavior in class
should have been more than enough for the university
administration to bring charges against him and to send
him off campus."
He continued with a warning, "And what about drugs for
the treatment of violence? The FDA has not approved any
medications for the control of violence because there are
no such medications. Yes, it is possible to temporarily
immobilize mind and body alike with a shot of an
'antipsychotic' drug like Haldol; but that only works as
long as the person is virtually paralyzed and confined –
and forced drugging invariably breeds more resentment.
"Instead of offering the promise of reducing violence,
all psychiatric drugs carry the potential risk of driving
the individual into violent madness. For example, both
the newer antidepressants such as Prozac, Paxil, Zoloft
and Celexa, and the antipsychotic drugs such as Risperdal
and Zyprexa, cause a disorder caused akathisia – a
terrible inner sensation of agitation accompanied by a
compulsion to move about. Akathisia is known to drive
people to suicide and to aggression."
He said he's been writing for more than 15 years about
the capacity for psychiatric drugs to cause mayhem, murder
and suicide, but it wasn't until 2005 when the FDA issued
a warning that such drugs produce "anxiety, agitation,
panic attacks …"
He said in the Columbine case, Harris "looks the most
like Cho. Both were very emotionally disturbed in an
extremely violent fashion for a prolonged period of time."
Carolyn Rude, chairwoman of Virginia Tech's English
department, said Cho's writings were so disturbing he was
referred to the school's counselors.
"Sometimes, in creative writing, people reveal things
and you never know if it's creative or if they're
describing things, if they're imagining things or just how
real it might be," she said. "But we're all alert to not
ignore things like this."
In a statement posted on the TeenScreen opposition
site, Sidney Taurel of Eli Lilly noted that it would be
"unreasonable" to expect "that there is such a thing as a
risk-free drug."
Another
website concerning the psychiatric drugs, called
RitalinDeath, also documents some of these cases, as
well as additional ones.
Dr. John Breeding concluded in a report shortly
after Columbine that there were about five million school
children now being given psychiatric drugs, and the number
had been doubling every 10 years since the 1970s.
"This has got to be a cause for major alarm in all
adults," he said. "The bottom line is that we are giving
stronger and stronger psychiatric drugs to more and more
children. Many of our children are taking more than one
of these drugs at a time, and many of these drugs were
never even tested and approved for children."
Bob Unruh is a news editor for WorldNetDaily.com.
Plea of the Day
April 23, 2007
The exchange below occurred today on Sarnia's Smoking
Gun. A teenager using screen name foster kid
posted a plea for help. It is repeated below without
spelling or grammar correction. Following that are two
replies by the webmaster Dean Robinson.
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I just want to go home
foster kid 12:26pm
Im 13 years old and live in a group home I was put here
by a lady from children aid. and I want to go home. I
have been here for 6 weeks and have only got to see my
mother once, when I seen her she was crying and sad
because I was taken away. my mother is not a bad mother
the lady that took me said she needed help because she had
a hard time taking care of me. she came to my school one
day and took me to McDonalds then took me to get some new
jeans, I may be only 13 but im not stupid I know she was
trying to get me to say that my mother was mean to me and
thats not true. she ask if my mother hit me I said that
she has slaped me but its because I swore at her. now I
feel like im being punished because of something I did.
if I didnt swear would I be here. I just want to go
home.
they will not let me call my mom and I know she has
called here because i heard them tell her not to call here
any more or the will call the police. when i went to see
her at the visiting place they said she never came but i
seen her car in the parking lot. i know they are lieing
to me. and they are lieing to the police to. I miss my
mom and my dog. please let me go home I love you mom
Stacy.
Dean Robinson
Stacy I removed your last and your email name because I
know that the CAS watches this board. If they catch you
they will try to keep you away from the computers in your
school. I have your email. I will write to you and pass
along messages to your mom. I know at 13 you know your
home number. Pass it back to me in an email and I'll call
your mom and give her your email address. Be careful not
to let anyone see you emailing or posting. And don't talk
to anyone from the CAS unless you have a lawyer with you,
if you don't have a lawyer yet, tell them you want one
now. Stacy you have legal rights too.
If there is anyone, other kids that want to post
messages to their folks, let me know. I'll set up a
private email server for you and call your parents and
give them the email addresses. The thing is the CAS is
trying to pump lies into your head or spin the truth so
you go against your mom and dads. Don't let them mislead
you.
Addendum: The next day Dean
Robinson added:
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Well here's the update. I talked to the mother last
night and her daughter is to be placed back in her care
this week. It seems that her ex-boyfriend is a cop with a
grudge. The CAS became involved with this family after
she dumped him for being an over-aggressive goof. The
funny part of this story is this lady's brother is a
lawyer. When she and her brother went to the office to
file the plan of care yesterday, the CAS decided it was in
the best interest of the child to be reunited with her
mother and the case closed. I'm assuming that they
figured that this was a family bond that could not be
broken.
I'm going to say this again. If you stand your ground,
don't take shit from this bunch of idiots, they will back
down. The public is becoming more aware of how they
manipulate the law and how morally incorrect this society
really is.
No Questions Allowed
April 22, 2007
Canada Court Watch started a discussion on the subject:
Being a foster parent does have risks. Below is a
posting under screen name former foster parent.
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Posted: Sat Apr 21, 2007 3:12 pm
subject: Being a foster parent does have risks
I just read the article on the Court Watch website
about the risks associated with being a foster parent.
How very true it is.
My wife and I once had a child in our care from the
CAS. The CAS started telling us that we were to stop the
girl who was almost 12 from communicating with her parents
and that we were to listen in on her phone conversations.
We were never told why she should not speak to her
parents.
They had this girl on Ritalin as well.
As we got to know the girl we could see how much she
just wanted to talk to her parents and her siblings who
still lived at their parents home. The girl also got sick
on the Ritalin.
When we started to ask questions about the Ritalin and
why this girl could not speak to her family, we were told
by the CAS worker that it was none of our business and due
to confidentiality, they could not say anything to us.
Suddenly about a week later, we got a call from the CAS
worker who said that our foster child would not be coming
home from school and that they were transferring her
somewhere else. No explanation. This girl liked our
place and we enjoyed her being here.
As far as my wife and I were concerned, the reason why
they took her away was because we started to ask questions
out of concern for her best interests.
We've never been asked to take in another foster child
since even though we hear that there is a shortage of
foster homes in our area. Its clear that the CAS workers
do not want people questioning what they do.
Strip, or else!
April 21, 2007
Florida DCF has a job opening for a young man looking for
an opportunity to meet members of the opposite sex. It is
to replace William Williams, who tried to use his powers to
get a mother's clothes off. He joins the ranks of Eric M Ferber and
Brandon Ware.
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Abuse investigator quits over lap-dance
request
By Kathleen Chapman
Palm Beach Post Staff Writer
Saturday, April 21, 2007
A Palm Beach County child abuse investigator lost his
job this week after a mother he was supposed to be helping
said he asked her for a private lap dance.
Former Department of Children and Families investigator
William Williams was assigned to the family's case Dec.
30 after a report to the state that the children were
being neglected.
As part of his investigation, he asked the mother what
she did for a living. She told him that she worked as an
exotic dancer.
According to the mother, Williams then asked whether
she gave private lap dances and whether she would come to
his home to dance for him.
When she turned him down, she said, he suggested that
maybe he could just pay her to cook and clean his house.
The children's grandmother, who agreed to take in the
youngsters and their mother, called DCF on Jan. 11 to ask
whether the agency could help with rent and groceries.
She also reported Williams' behavior with her daughter.
When questioned about the allegations by the DCF
inspector general, Williams submitted a sworn statement
admitting that he asked the mother if "she did anything
else beside dance, if she work in VIP Room, also if she
did anything else in the VIP Room, if she gave private lap
dances. ...
"This was an error in judgment on my part," Williams
wrote, "and can understand how my questioning could be
misconstrued."
He said he asked the questions out of personal
curiosity, according to the inspector general's report,
and that they did not pertain to his investigation.
The mother said Williams made her "very uncomfortable,"
the report stated.
Williams, 48, was removed from his cases when
supervisors heard about the allegations, DCF spokeswoman
Laura Tingo said Friday.
He resigned from his job in DCF's Riviera Beach office
Monday after his supervisor told him he would be fired,
Tingo said.
Williams was hired by the agency in 2005 to take
benefit applications. He had worked as an investigator
since June 2006.
Discussion of other scandals omitted.

Mother Sentenced, Erased
April 21, 2007
Deborah Farrell has been sentenced for kidnapping her own
children. Following the practice of Stalinist historians,
her name has been expunged from the public consciousness,
though it was published last year.
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House arrest for mom who abducted her own
kids
SCOTT TRACEY
GUELPH (Apr 20, 2007)
A woman who abducted her children from their foster
mother in the parking lot of a city store was placed under
house arrest yesterday for two years less a day.
The 45-year-old earlier pleaded guilty to two counts of
child abduction. She cannot be named under the Child and
Family Services Act, which prohibits the identification of
children in foster care.
Court heard that in the spring of 2006, the local
office of Family and Children's Services entered a
supervision agreement with the woman that included several
conditions, including abstention from drug use and open
access by agency staff to the children.
On June 9, an agency worker went to the woman's
apartment where he found the children unattended because
the woman was asleep. The six-year-old had soiled
himself. An earlier test had proven positive for drug
use, so the children were taken and placed in foster care.
The next day, court heard, the foster parent was
confronted as she put the children into her van in the
parking lot of the Zellers store on Stone Road. She was
approached by the mother and a female friend, who grabbed
the 45-year-old's two kids and put them into a car before
speeding away.
Police reported the accomplice turned herself in the
following day. Subsequent investigation led police to the
Valens Conservation Area where the woman and her two
children were located.
Yesterday, Guelph Superior Court Justice Bruce Durno
agreed to impose a term of two years less a day, the
maximum sentence allowed before someone is placed in a
federal penitentiary.
The judge agreed to let the woman, who has a minor
criminal record including theft and obstructing police,
serve her time in the community under house arrest. She
was also banned from possessing weapons for 10 years.
stracey@guelphmercury.com
Addendum: A reader points out
that a mother sleeping is now considered to be abandonment,
and cause for taking the kids.
More on F21/03
April 21, 2007
Anne Marsden reports more on the family known only as F21/03. First, a
letter to the editor:
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St Catherine's Standard
Child protection in Ontario ignores the
child's needs
Letters to the Editor - Friday, April 20, 2007 Updated
@ 9:50:15 AM
The problems with the Children's Aid Society and their
association would have been fixed at least a decade ago if
the responsible ministers had upheld the requirements of
the Child and Family Services Act as they have committed
to do.
There have been many opportunities for various
ministers to step in and do the right thing. For example,
the present minister has refused to appoint a judge and
undertake a review of Section 67 of the Child and Family
Services Act that our audits show has seen two little
girls isolated from their family in Brantford since 2001,
at public expense with not one scrap of evidence that
these children are in need of protection from their family
members.
Audit results in the hands of our politicians show
judges, lawyers (both private and legal aid) and CAS
workers have all ignored best interests, legislation and a
responsibility to uphold the law as set out in the Child
and Family Services Act. Isolation is abuse. NDP MPP
Andrea Horwath and the ombudsman are both well informed on
the situation, yet I hear nothing of their efforts to
force the government's hand and have the review which
would show the CAS is using our child protection dollars
improperly - and certainly not in the best interests of
our children.
Our position is they are all afraid that such review
would be the first domino that would see the end of child
protection being used as a means to an end that has
nothing to do with best interests of children.
Anne Marsden
Ghent Avenue
Burlington
Anne will be appearing before the Justice Policy
Committee Queen's Park on April 25.
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URGENT PERSONAL ATTENTION ANDRE MARIN AND ATTORNEY
GENERAL BRYANT
April 20, 2007
Now that the whole of Canada understands the value of
an expert witness' opinion associated with the Toronto
Hospital for Sick Children (The Dr. Charles Smith fiasco)
rather than just me utilizing my McMaster Post-Graduate
Course Critical Appraisal of Data credentials, perhaps the
Ombudsman and Attorney General might pay some attention to
the Brantford CAS issue that I have been pushing for at
least a year now.
Our audits showed there was not one scrap of evidence
that one would refer to as evidence if one checked it with
the evidence standards that lawyers and judges are taught
in law school, in the Brantford CAS case that has seen two
sisters isolated from their brothers, mother, fathers,
grandparents and each other, one for most of her life, she
was born October, 2000 and the other all of her life she
was born July, 2006.
The expert witness in this case whose "opinion" was
relied on to "convict" a mother and grandmother of not
being capable of parenting, despite them doing a grand job
with the brothers of the two little Brantford girls, also
happens to be from the Hospital for Sick Children (perhaps
it should be called Sick Staff and not Sick Kids). He is
the head of the Dept. of Pediatrics, or was last time I
checked, and sells his opinions to the Brantford CAS so
when they are low on evidence for a child they have in
their care through fair means or foul, he is available to
present his expert opinion in the form of a public monies
paid for parenting capacity assessment that will say
whatever it is that the CAS need him to say. Since when
did we have the law of opinions used to convict... I am
well credentialed in analysing such reports and my "expert
testimony" about Dr. Wittenberg's two parenting capacity
assessments that we, yes we, paid a very, very, large
chunk of change for and as a consequence of, is that it is
purely and simply non-evidenced character assassination
that gave Judge Edward an opportunity to say..." see I was
right" rather than what he should have said ... "the
court apologizes for its actions that were improper and
have cast a cloud of suspicion over all child protection
cases in the Brantford court".
Judge Edward I am sure you both will agree acted
completely outside of judicial standards when he strongly
suggested to the CAS in a written endorsement that they
bring in a protection application for a child, whose
father was before him pleading for the court to return his
child, who was in temporary care without the consent of
her father and the judge, the CAS, all the lawyers
involved knew that this was contrary to rule of law. If
you look it up in the Criminal Code it is called abduction
(taking a child out of a parent's supervision without
lawful justification). Judge Edward then went on to sit
in judgment on the child protection case he strongly
suggested in his order the CAS bring in ... now how's
that for impartiality...
The audit has been reviewed by a lawyer who says:
" if you are talking/emailing to Anne Marsden, let her
know .. A LOT of the Society material consists of
speculation, innuendo, gossip, double, triple and
quadruple hearsay, opinions from people not qualified to
make them and character assassination, plain and simple.
In many cases, the affidavits are laughable. I think
Anne's audit pointed out some very noteworthy deficiencies
in the court process... Also a good lesson to the lawyers
involved. "
One of those lawyers should be the Attorney General
given he has a job to do with regard to do ensuring rule
of law is upheld in the Ontario Courts and the best
interests of children are protected and they are not taken
out of their parent's protection without just cause. And,
the Attorney General's job description would, as I
understand it, also lend itself to ensuring a crown
attorney looks at charges being laid when a child, sorry
two children, are taken out of the supervision of their
parents without any lawful justification. Further, when
Senior Regional Justice, Timothy Culver, has been provided
with the audit results, for almost a year now, and has
ignored that at least one of his judges is affecting the
best interests of children by acting outside rule of law,
(not to mention the public purse) I believe that should
also be the business of the Attorney General. Perhaps
Justice Culver needs to sit down and watch Judgment at
Nuremberg again, it may well have been a while since he
saw it... the 1961 version I mean.
As you both know the Minister responsible has been
asked on several occasions to undertake a Section 67 CFSA
Review of this matter by appointing a judge. My letter in
the St. Catherine's Standard today refers to my request
which the Ombudsman was asked to support through a letter
hand delivered to him by Andrea Horwath after my
presentation at Queens Park where I was congratulated by
my MPP now my Mayor, Cam Jackson, for my advocacy for
children's best interests and my tenacity with regard to
working for the best interests of children regardless of
who they are and where they live... Until last Easter I
had never heard of this Brantford family who now are like
my own ... the kids call me Grannie Annie. It should not
be a very large job for the judge appointed by the
Minister given the audit documents are well organized and
should be easy for him or her to follow. Mr. Marin, I
would ask that you do everything you need to do to get the
Attorney General and Minister to appropriately respond to
this matter and undertake a Section 67 review at the very
minimum.
I will be in Queens Park to appear before the Justice
Policy Committee at 10:45 a.m. on April 25, 2007, I would
appreciate the opportunity to meet with you both after my
presentation to hand over the audit documents for this
matter so you can both do what it is that you need to do
to ensure our child protection agencies, judges and
lawyers act in the best interests of children and only in
the best interests of children when funded by our child
protection dollars. .... I have more than done my job
..and my husband's responsibility for the expenses
associated with this Brantford child protection audit
should have ended several thousand dollars ago!
Anne Marsden (Mrs.)
Audit Manager
The Auditors
The Canadian Family Watchdog
308-1425 Ghent Avenue'
Burlington Ontario L7S 1X5
Tel. 905-639-5684
Dr Charles Smith Inquest
April 20, 2007
Ontario's Coroner, Barry A McLellan, issued a report
yesterday saying there had been mistakes in numerous
autopsies conducted by Dr Charles Smith leading to false
criminal convictions, some of parents for killing their own
children. The public outcry has induced Premier Dalton
McGuinty to call an inquest into Dr Smith. For the full
story on this matter, refer to the website Association in Defence of the
Wrongly Convicted, and look through their news
archives.
Addendum: Here is a copy of the
backgrounder (pdf) from
Ontario Coroner Barry McLellan.
Rally for USA
April 19, 2007
A rally aiming to protect families from courts will take
place in Washington DC on August 18. The prime organizer is
Minister Ronald E Smith, whose son has a cancer that is a
side-effect of his forced treatment for ADHD.
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American Family Rights
Association
Sacramento -Fair Oaks, California
William O. Tower, President
wm.tower@sbcglobal.net
4934 San Juan Ave #50
Fair Oaks, California 95628
(916) 342-1700
(916) 966-8578
Promoting the Fundamental
Liberty Rights & Privileges of Families
All right everybody the RALLY is on and the Date to set
your plans on is August 18th 2007. This rally will start
at 9:00 a.m. est. and be on going all day. So pack a
lunch bring water to drink and join us to get the word to
Congress that we are not satisfied with the way that the
Health and Human services Department and the Family Courts
are running the system that was supposed to protect
children and Families “all involved in the family”.
The Courts were supposed to be the safety net and they
have failed the PEOPLE.
Bring your story done in 20 (twenty) pages or less and
take it to one of the tents to register in and get it on
the Official Record with Congress. Also review the dcrally2007.com web
site for updates. There will also be a format for your
story to be put into posted on that website.
We have many Great organizations from all across the
United States getting together for this event. And also
have planned to have Officials there to talk to the People
(us). We need a great show of support on this event and I
am sure that all that can attend will be there. This is
the next big CIVIL RIGHTS MOVEMENT so get on board and
help out, show your support and do your part after all it
is really for the children (yours and your grandchildren)
so as Larry the cable guy says “GIT IT DONE” we will
see you all there.
Bill Tower
President AFRA
Extortion
April 19, 2007
Canada Court Watch is tracking down one instance of a
common CAS practice. In many cases reported to Dufferin
VOCA a social worker threatened a parent with a statement of
the form: "We are going to take your children unless you
... ".
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EXTORTION by CAS!
(April 17, 2007) - Court Watch received a call today
from parents who report that they have gathered solid
evidence which shows that CAS attempted to extort them to
sign legal documents without a lawyer and against their
better judgement. Extortion is an offence under the
Criminal Code of Canada. Keep an eye on this site for
further updates. The name of the worker involved will be
disclosed once evidence has been properly organized and
prepared for police investigators.
Bill 165
April 18, 2007
A pending bill 88 introduced by Andrea Horwath would give the power to
investigate children's aid societies to the provincial ombudsman. That
office is occupied by the hard-hitting André Marin,
who is aware of the extent of the problems with children's aid. A report
from him could precipitate a scandal leading to real reform. In an effort
to protect themselves, social services spokesman Mary Anne Chambers
introduced a neutered bill 165 to withhold investigatory power from the obudsman, but to
modify the powers of the child advocate, currently career social worker Judy
Finlay. The advocate would not have subpoena power, so it is unlikely
she could do anything that would cause a public outcry.
There is a website, Child Advocacy
Renewal in Ontario, supporting bill 165. We believe it
is a creation of the social services system, since it shares
their graphic design (all smiling faces) and has the same
street address, 25 Spadina Road Toronto, as the Children's Aid
Foundation.
Whether or not bill 165 is an improvement, hearings could
be an opportunity for victims of the current regime and
advocates of true reform to get their objections on record.
Those wishing to do so through the social services system
can use Child Advocacy Renewal in Ontario; John Dunn suggests
asking for Matthew Geigen-Miller. For less biased help, we
can suggest:
Addendum: Another website
allied with social services, Voices for Children, says the hearings will
take place on April 25 and 26.
Another Chambers Boondoggle
April 18, 2007
As a result of children's aid intervention, orthodontic
treatment for T Norris was canceled, and he cannot get
his needed braces. Yesterday Mary Anne Chambers made another one of her routine
announcements of a grant for some project in the
name of children. This one begins: McGuinty
government helping children. Providing $250,000 To
University of Toronto For Children's Dental
Services. The project will do nothing to help Mr
Norris. Mrs Chambers should concentrate on leaving
children with parents willing to care for them.
CCW Message Board Returns
April 17, 2007
Canada Court Watch opened a new Public Discussion Forum on April 10. The new board
requires registration to post, but not to read, messages. A
posting on April 11 describes an effort by the Office of the
Children's Lawyer to muzzle Canada Court Watch by forcing
unfavorable documents off its website. There is nothing to
indicate the result of the hearing scheduled for last
Thursday.
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Children's Lawyer's Office attempts to
silence complaints
posted by justice
Posted: Wed Apr 11, 2007 9:38 pm
This is right off the Fathers Battling Injustice site
Call we need all those that are close to show support.
Lets let them know this was a big mistake. If they lose
we will get national attention now and it
should!!!!!!!!!!!!
Dear Court Watch Supporters
The Office of the Children's Lawyer has filed a motion
against Canada Court Watch and Mr. Vern Beck to remove
documents from the Court Watch Website which cast the the
Children's Aid Society and the Office of the Children's
Lawyer in a bad light.
This is an attempt to remove criticizm of their
organizations and to set a dangerous precident to erode
the freedom of the press in order to prevent individuals
and organizations from saying bad things about them in the
future.
The presence of supporters of Court Watch would be
helpful and their presence at court would be appreciated.
The presence of members of the public in the court sends a
strong message to the court that people are concerned and
that the Judge must be just.
Mr. Vern Beck will be presenting arguments to the
court in defence of Court Watch and members of the public
(you) who have been adversly affected by these
organizations. To those who have received help or
information from Mr. Beck or Court Watch in the past, it
is time to return the favour by showing your support in
court.
Time: 9:30 am (sharp) on Thursday April 12, 2007
Family Cut in Half
April 15, 2007
Remember the two women who appeared before King Solomon,
both claiming to be mothers of the same baby? The king
ordered the baby cut in half, with half given to each woman.
The real mother chickened, begging Solomon to give it all to
the other woman, rather than see it harmed.
Here is a current case of a mother compelled to give up
her baby to save it from harm.
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April 14, 2007
Desperate mom denied
Children's Aid refuses to hold baby in
child protection when single woman is deported to China
By TOM GODFREY, SUN MEDIA
(Mark O'Neil/Sun Media)
MISSISSAUGA -- Single mom Hong Zhang cried a river of
tears yesterday after learning she can't leave her baby
daughter in Canada with Children's Aid when she is
deported to her native China.
Zhang, 39, broke down after leaving the agency's Peel
offices, where she had tried to place her only child.
She was told 1-year-old Sherry will be put up for
adoption as an abandoned child if left behind, but Zhang
wants the girl to sponsor her back to Canada some day.
"I feel very sad right now," Zhang said. "I do not
want Sherry to go to China. I want her to have a better
life in Canada."
As Zhang wept, the baby started crying and had to be
cradled.
"My child will not have much of a future in China," she
said through interpreter Jane Lou. "At least here she has
some kind of future."
Roy Kellogg, Zhang's immigration consultant, said it
can take more than 20 years for Zhang to be sponsored back
to Canada by Sherry, who must first reach age 18.
Kellogg said the Canadian-born child will be treated as
a second-class citizen if sent to China, where laws ban
children out of wedlock. He said Sherry will be
stigmatized and will not get health coverage, be allowed
to attend school or to obtain Chinese citizenship.
As a single mom, Zhang also faces a fine of $140,000 a
child for returning to China with children, Kellogg said.
Zhang came to Canada in 1997 and filed an unsuccessful
refugee claim and appeals. She is to report to
immigration next Wednesday to make deportation
arrangements.
Lucie Baistrocchi, a Peel Children's Aid spokesman,
said yesterday each child has to be assessed as requiring
protection before they're accepted as wards.
"We are not aware of any child protection issues in
this case," Baistrocchi said. "There has to be a child
protection issue."
Anna Pape, of the Canada Border Services Agency, said
her officers must deport those who have exhausted all
avenues for staying here.
"Our job is to enforce the laws of the land," Pape
said. "We don't decide who gets to stay in Canada."
Wrong Rights
April 14, 2007
The Citizen has published a proposed Children's Charter
of Rights. It requires an understanding of the difference
between positive and negative rights. The proposed rights are
all positive, requiring for their implementation
intervention by someone outside the family. For example,
protection from exposure to family violence
requires cops to look inside the family to control it.
Families are reduced to one of a set of alternative role
models. For more on this issue, refer to the book
What's Wrong with Children's Rights by Martin
Guggenheim. What children desperately need is a charter of
negative rights, granting them the right to remain with mom
and dad, unless mom and dad have failed in their
responsibilities.
The group producing the proposal is described only as
a number of child-centred committees and organizations,
a working group of the Wellington-Dufferin-Guelph Report
Card Coalition on the Wellbeing of Children. No
members are mentioned, but it sounds like a coalition of
social services agencies such as Family Transition Place and
Dufferin Children's Aid.
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Orangeville, Ont
Orangeville Citizen
Local News — April 12, 2007
Working group produces Children's Charter
With input from a number of child-centred committees
and organizations, a working group of the Wellington-
Dufferin-Guelph Report Card Coalition on the Wellbeing of
Children has developed a Children's Charter of Rights.
Based on the United Nations Convention on the Rights of
the Child, it is a document that outlines a vision to make
Wellington- Dufferin-Guelph a better place for children
and families. The Charter includes a series of statements
that outline what our communities need to do in order to
ensure healthy development and bright futures for all of
our children.
In the Universal Declaration of Human Rights, the
United Nations has proclaimed that childhood is entitled
to special care and assistance. The Convention on the
Rights of the Child (CRC) is the most widely ratified
human rights treaty in history. It sets forth a wide
range of provisions that encompass civil rights and
freedoms, family environment, basic health and welfare,
education, leisure and cultural activities, and special
protection measures.
The group's goal is to have the Children's Charter
adopted and endorsed by political councils, community
organizations and local businesses in an effort to make a
compelling statement about our collective intent to
support, and advocate for, the rights of children.
The Children's Charter will be launched in the spring
with an official signing.
Following is the Charter's text:
All children deserve basic rights and freedoms. A fair
share of society's resources must be devoted to ensuring
this. While families are responsible for raising their
children, all levels of government, in partnership with
communities, have a duty to support families by putting
the health and well-being of children first.
All children in Wellington Dufferin-Guelph have a right
to:
- A quality of life that meets their physical,
intellectual, emotional, spiritual and social needs.
- Have basic needs met including nutritious food, a
healthy environment and a safe and comfortable place
to live.
- Access quality and affordable child care, early
education programs and/or parenting support.
- Safe places and time to play, and access to affordable
recreational activities.
- Quality education to enable them to reach their full
potential.
- Quality time with their families and/or other
nurturing and positive role models throughout their
childhood.
- Protection from neglect, abuse and exposure to family
violence.
- Be accepted for who they are, and believe what they
want without being discriminated against.
Mom Sentenced
April 14, 2007
In August 2005 we reported the story of the girl Emily
Lake maced by police in Oregon and rushed back to foster
care in Michigan. Most recently, she was visited by her mother in July
2006. Here is the latest report from Ann Durand on the
mother being sentenced for kidnapping her own daughter.
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Mother Sentenced to 30 days
On April 5, 2007 Lynnae Lake was sentenced to 30 days
in Jail in the Midland Michigan County Jail for custodial
kidnapping of her own daughter from the Department of
Human Services on May 28 2004.
She was tried and convicted under MCL 750.350a .
If you are parent and your spouse refuses you parenting
time for 24 hours, a weekend or a week or for whatever
period just try to get a police officer to take a police
report. Just try to get a prosecutor to file charges. It
is not going to happen in this state. Believe me I know
several people who have tried. The police officer will
tell you "it is a civil matter you will have to hire an
attorney and go to court". Upon contacting the
legislature and requesting and receiving a copy of the
legislative intent of this statute it is quite apparent it
was not meant to be used by the Michigan DHS in a case
like this especially when DHS worker is the one who is
deemed to have been the custodian, committed numerous
illegal and unconstitutional acts that precipitated the
mother's actions.
The DHS says the verbal order to a DHS worker of a
referee is a legal order. They say an order with a
judge's forged signature is a lawful order. They say it
is ok that the worker entered a private Christian School
after being challenged by the principal as to his right to
demand entry and to interrogate another child of this
mother and threatening the principal with calling the
police. The worker had no court order in his hands, no
warrant to search when he did this. (blatant violation of
the 4th amendment) Workers in this state MAY enter a
PUBLIC school and interview your children without a
warrant or court order. But no state actor, police
officer or DHS worker has the right to enter on to any
private property without a warrant or exigent
circumstances. The worker in this case lied to the
principal and told him he had a court order. He did not.
He has admitted in court he did not. He held her 17 ½
yr-old daughter behind locked doors in a room in the
school physically restrained her and told her not to talk
to her mother. This is illegal seizure under the law. Ms
Lake was ordered by the principal to take her younger
daughter and leave the school. She did.
Also if you will read the statute below you will see
the actual statute.
For the complete story go to www.fcr4kids.org/
Emily is still to this day in the custody of DHS and
the same adult sister who helped plan this travesty. She
is not allowed to see her mother except in a tiny room
with a 2 way mirror with a DHS worker in the room. They
see each other for 1 hour sporadically at the whim of DHS.
This is 20 months after the brutal taking and pepper
spraying in the face of this child by police officers and
being threatened with attack dogs. She watched the
officers beat her mother in front of her as she begged
them not to hurt her mother.
Here is the link to the
Michigan Custodial Kidnapping
statute.
Keep in mind there was NO (lawful) giving the DHS
worker custody of this child.
Keep in mind if you are a parent the state will not
charge your ex spouse or significant other with this
statute which was written to protect your rights as a
parent.
This mother was never served with a summons nor did
anyone from DHS even so much as call her to appear for
hearings of that day or subsequent days. They held a
trial 2 months later without proper notification, no
attorney for mother, and took unlawful hearsay evidence as
fact. The so-called victim, the 17 ½ year old daughter
did not testify in the dependency hearings in the probate
court. Only the DHS worker did.
Dr Phil Interviews Allison Quets
April 14, 2007
Allison Quets, who fled to Canada in December with her
toddler twins, was interviewed in jail by Dr Phil. During
her pregnancy she developed the life-threatening condition
hyperemesis gravidarum. While still weakened from the
disease after the birth of the twins, she was subject to two
all-day psychological warfare sessions in the office of an
adoption lawyer, who induced her to sign the necessary
documents. During one she called 911 in a frantic and
unsuccessful effort to get help. Florida provides no
cooling-off period for this kind of document, so Allison
legally lost her children.
The video is not online, but three slide shows of Twin Tug of
War are available on the Dr Phil website.
Previous articles:
January 4 and
December 29.
Lawsuit Ends
April 13, 2007
The Supreme Court of Canada has ended a lawsuit seeking
funding for the treatment of autistic children. If
successful, the suit would have removed the power to
appropriate tax funds from the legislature and given it to
the courts, and would have increased the amount of money and
power for social services, further diminishing the role of
parents in the lives of children.
Correction: In an earlier
version of this item, we mistakenly said this was the Anne Larcade suit.
That is another pending matter.
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Posted AT 10:25 AM EDT ON 12/04/07
Supreme Court spurns autism appeal
Canadian Press
OTTAWA — The Supreme Court of Canada will not hear an
appeal from a group of Ontario families seeking money for
specialized treatment for autistic children.
Robin Wynberg, front, with her legal team in a
civil suit over special education for autistic
children, from left, Pheroze Jeejeebhoy, Jonathan
Strug and Mary Eberts. (Tibor Kolley/Globe and
Mail files)
The 28 families initially won a court ruling over
government financing for costly intensive behavioural
therapy, but that was overturned by the Ontario Court of
Appeal.
As is usual in leave-to-appeal rulings, the court gave
no reasons for its decision.
A Senate committee last month recommended that Canada
develop a national plan to deal with autism, including new
measures to help families saddled with huge bills for
therapy.
Putman Retiring
April 13, 2007
Gary Putman will retire from Dufferin Child and Family
Services in November. The article below, based on
information provided by Mr Putman himself, puts a positive
light on his accomplishments. In our experience, during his
tenure he has terrorized Dufferin County. We have spoken to
parents, newspaper editors and his own employees who live in
fear of Mr Putman.
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Orangeville, Ont — Orangeville Citizen
Local News April 12, 2007
Putman retiring from Dufferin Child and
Family Services
Tom Murray, President of Dufferin Child and Family
Services, has announced the planned retirement next
November of the agency's executive director, Gary Putman.
Mr. Putman began his social Work career in 1971 after
graduating from the University of Toronto's School of
Social Work. He developed his skills and gained valuable
experience working with the Hamilton Children's Aid
Society, the Lynwood Hall Treatment Center and the Peel
Children's Aid Society.
In 1978 he began his tenure with Dufferin Child and
Family Services. At that time the agency dealt only with
child welfare and operated with a staff of eight
employees.
"Throughout the following 29 years, Gary developed and
demonstrated his skills as a leader not only within the
agency, but also within the community that he proudly
served," Mr. Murray said in a press release recently.
"Gary participated and helped in the development of
many local community planning bodies.
He was instrumental in the early development of Family
Transition Place and Community First in Dufferin County.
He participated on the Boards of Community Living
Dufferin, Big Brothers of Orangeville and District, North
Peel-Dufferin Community Legal Clinic and served two terms
on the Ontario Association of Children's Aid Societies."
Mr. Putman was described as having nurtured and guided
the agency through significant growth within Dufferin.
"There have been many ups and downs, but Gary continually
planned and developed for the future of Dufferin County,"
Mr. Murray said. "Through Gary's vision and guidance,
Dufferin Child and Family Services has now developed into
a multi-service agency, providing child protection,
children's mental health services, developmental support
services and the supervised visitation program."
He said the director's 36 years of dedication to child
welfare is greatly appreciated by the communities he has
served in, "and by the children's lives he has touched
directly and indirectly. He has always been optimistic
with a vision to developing children and families to their
full potential."
In informing the agency's directors of his plan to
retire, Mr. Putman praised the staff as "immensely
dedicated and talented professionals who I will very much
miss."
He plans to retire on November 30. The Board of
Directors will begin a search for a new executive director
immediately.
Tracy Cain R.I.P.
April 12, 2007
John Dunn reports the death of a mother who was in
regular contact with her daughter in foster care until CAS
hardball tactics separated them. The despair of permanently
losing her daughter drove her drug abuse, leading to her
death.
In separation cases like this, it is easy to overlook the
fact that uniting mothers and daughters can improve the
mother as well as the daughter.
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| Date: | Thu, 12 Apr 2007 09:39:58 -0400
| | From: | John Dunn
afterfostercare@hotmail.com
| | Subject: | Sad News
|
Dear List Members,
I have been informed recently that a person I used to
work with, who was an excellent fighter for her daughter,
but who at the time was subject to the restrictive CFSA,
has passed away. Her daugther was placed in a foster home
while the mother was involved in a rather unfavourable
situation ending up in a two year prison situation.
As a result of her two years in prison, her daughter
went into foster care, and was in a good home. After her
sentence, she worked, stayed in Narcotics Anonymous and
became very deeply involved in running the program,
organizing dances and other activities in NA.
She kept clean, worked full time and was doing well for
herself while dealing with personal matters but keeping
clean. She had ongoing visits with her daughter who was
in a good foster home for four years when the CAS started
to reduce her visits.
The visits were being reduced in order to promote
adoption. (Still unsure of who was seeking adoption at
the time) but the foster home was excellent at keeping the
family in touch. Then, the CAS told the little nine year
old girl at the time that she would be seeing her mother
for the last time.
The mother was trying to get a visit around Christmas a
few years ago when the CAS was refusing to allow it. We
went on a campaign to attempt to stop the CAS from
preventing a Christmas visit with her siblings and mother.
The campaign involved a poster which, if they did not
allow the visit, was going to be spread far and wide and
postered all over downtown. The Poster read "CAS Keeps
nine year old girl from her mother and siblings at
Christmas against her will" and provided numbers to call
at the CAS to have the public privide their opinion on the
matter.
Fortunately, the notice to the Society was effective,
we did not have to go on the campaign. The CAS offered
her on the phone "Just this time". They had the visit,
which resulted in a great picture on a site I will link to
later.
Sadly, after that, the pressure of permanently losing
her daughter pushed her back into the underground and
there she stayed until January 2007, where she
unfortunately passed away from a blood disease, I think
caused by drug use.
If the mother and daughter had of at least been able to
keep in touch, especialy since the mother was supportive
of the foster home and the open relationship they all had
maintained between each other, this now thirteen year old
girl would still have a mother who loved her
unconditionally.
We are not even sure if the girl has been made aware of
the fact that her mother has passed, but I will be
updating the list on the events as they come to be. This
girl is now adopted, so is no longer the subject of a
court proceeding or hearing, therefore making the
following link to her web site made by her mother three
years ago exempt from the secrecy legislation in the CFSA.
More will follow, since the mother's parents have
informed me of the fact that her ashes have yet to be
burried and I will discuss options of who might be able to
visit or not during this ceremony, and if we will be
making it a public affair or not.
Also these grandparents have not been able to maintain
contact with the girl since her adoption. (3 years?) The
CAS is even blocking Christmas cards etc. and are going
to contact Kim Craitor, an Ontario MPP who has Bill 8 2005
in first reading status. This bill is to give
grandparents a right of access to grand kids during
custodial matters. (CAS as well I think)
I will follow up with more, this is just an emotional
response letter to the list, more detailed and organized
information will be provided on the web site later.
The internment ceremony willl be held this month some
time we believe.
You can see how happy the girl was to be with her
mother (front row on Mom's lap smiling widely in obvious
happiness at being with her mother on her last visit at
the CAS of which the mom fought for and won) tracycain.tripod.com
I would like to ask everyone to please take a moment to
remember this image, for it is important that we realize
how much their relationship meant to each other.
Sincerely,
John Dunn
The Foster Care Council of Canada
www.afterfostercare.ca
Michelle, Eric and Melissa with mother Tracy Cain
Foster Boy Becomes Vegetable
April 11, 2007
Three-year-old James Bradley Jr was injured in foster
care in Belleville Michigan, and is now fighting for
his life in an Ann Arbor hospital after doctors had to
remove parts of his skull and brain. The story from Fox news in Detroit
may disappear soon.
Addendum: James Earl Bradley Jr
died from his injuries on April 13. A Michigan reader
commented on his newspaper's board:
*monotone voice
There is no problem here.... there is no problem with
the system.... Everything is fine... We are doing our
best... there is no problem here....
riiiiiiiiiiiiight.
Foster Company Loses Business
April 11, 2007
In case there was any doubt that foster care is run for
profit, a foster care company, Lifeway For Youth Inc., is
suing the state of Ohio for loss of business. It seems the
state is unfairly punishing them for placing a boy with a
family that murdered him, burned his body and threw his
remains in the Ohio River.
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Last Updated: 7:44 pm | Tuesday, April 10, 2007
Lifeway sues state agency
BY SHEILA MCLAUGHLIN | SMCLAUGHLIN@ENQUIRER.COM
The company that placed 3-year-old Marcus Fiesel in a
deadly foster home sued the state for $1 million Tuesday,
saying the state spread lies that cost it business.
Lifeway For Youth, Inc., of New Carlisle, filed suit
against the Ohio Department of Job and Family Services in
the Ohio Court of Claims in Columbus, saying the
agency’s motives were “purely political.”
The 13-year-old private foster care company accuses the
state of libeling the company in the press, interfering
with business relationships with foster families and
referring agencies and abusing the state licensing
process.
It claims the state launched its campaign to revoke
Lifeway’s license even before it finished an
investigation into Marcus’ death.
“(The state) has been more concerned about shifting
blame than about the welfare of Ohio’s foster kids,”
said Mike Berner, Lifeway’s founder and executive
director.
Berner nurtured Lifeway from a ministry to a $15
million business that operates in six states, including
Kentucky and Indiana.
The court filing comes a day after lawyers for the
company and the state met to set nearly two weeks of
hearings in June so Lifeway can challenge the state’s
effort to take away its operating license in Ohio.
Lifeway still plans to go forward with those hearings.
Those proceedings won’t affect Lifeway’s licenses
elsewhere.
Berner claims he’s lost about one-third of his
business in Ohio.
“The department, by being so thorough and relentless
in its public statement about the inferior quality of
Lifeway, effectively ruined their business,” said
Melissa Mitchell, a Columbus attorney representing
Lifeway.
“It affected their business in a very serious way, so
much so that they might not be in business by the time of
the hearings.”
State officials did not have an immediate comment, but
are expecting to issue a statement later this evening.
The lawsuit alleges that the state:
- Issued a press release saying it had advised all
counties to check on children in Lifeway homes even
before starting its investigation into Marcus’
death.
- Repeatedly and publicly stated that it would revoke
Lifeway’s certification three months before it
notified Lifeway of its intentions.
- Altered reports from state field investigators who
were involved in licensing Lifeway.
- Made false and misleading statements to the media,
including that it had found 147 violations when 55 of
them were actually related to the revocation
proceedings.
Lifeway also has asked a judge to place a gag order on
state officials to keep them from making any further false
statements to the media or saying anything negative about
Lifeway to its referring agencies and foster families.
Lifeway officials said they’ve watched its Ohio
business fizzle since August in the wake of Marcus’
death.
The developmentally delayed Middletown boy was bound
and left in a closet for two days while his Clermont
County foster parents went to a family reunion. Liz and
David Carroll Jr. are serving life terms after being
convicted in February of Marcus’ murder.
Since then, foster placements have fallen off from 600
to about 360 children because county children services
agencies quit placing foster kids with Lifeway, Mitchell
said.
Foster families have jumped to other agencies or quit
and about one-third of Lifeway’s staff has resigned
since the state began revocation proceedings in January,
Berner said earlier.
Advocating Reform is Criminal
April 9, 2007
When the State of Arizona threatened Robin Scoins with prosecution for
asking the legislature to change child protection laws,
Richard Wexler tried to get press coverage:
Weeks after I let NCCPR’s “Arizona List” of
journalists know what Hershberger was doing, only New
Times reported the story. I’ve found not a word in any
major daily; certainly not the state’s largest daily,
The Arizona Republic. It was encouraging when the
Republic columnist who most strongly supports using CPS to
tear apart impoverished families briefly expressed an
interest in the story – but nothing came of it.
— from today's entry in Richard Wexler's
blog
The two articles below describe Robin Scoins child
protection case, and the effort to prosecute her.
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Suffer the Children
By Sarah Fenske, Published: October 26, 2006
Portions of this article not relating to Robin
Scoins have been deleted by Dufferin VOCA
Robin Scoins admits that her case, too, had its
complications. She knows it was ridiculous not to realize
she was pregnant until just weeks before giving birth.
But what happened after that wasn't just ridiculous, it
was a nightmare: a classic example of how faulty evidence
— pushed by a caseworker without the time to do her
homework — can trump the facts.
It started after the birth of Scoins' third child, a
boy. Then 35, Scoins was seriously depressed. She had
good reason: Her then-boyfriend was an alcoholic, she
says, and had been abusive in the past. The relationship
was on its last legs. And Scoins' oldest son, then 14,
had been diagnosed with a host of mental-health problems.
The doctor at Southwest Behavioral Health Services put
Scoins on heavy-duty antidepressants, according to records
provided to New Times by Scoins' lawyer, Scott Ambrose.
For the seven months that Scoins saw counselors at
Southwest, her doctors reported that she was anxious,
worried about her older boy, and depressed about her
relationship ending, records show.
But they never once suggested that she was a bad
parent. And they never noted a suspicion of drug use.
Then Scoins found out she was pregnant again. Very,
very pregnant.
She'd gained weight with her previous pregnancy, so she
was already heavier than usual. She complained to her
doctors about nausea, and irregular periods, but records
show that she assumed it was a side effect from the meds.
So in early September 2003, Scoins found out she was
pregnant, and on September 27 her little boy was born —
two months early, weighing only three and a half pounds.
And that's when Scoins, who insists she'd never used
illegal drugs, tested positive for amphetamines.
Even the hospital's own test results warn that
antidepressants, like the ones Scoins was using, can
create a "false positive" for amphetamines. So can cold
medicine, which she'd also been on.
Not only did the baby test negative for everything, but
Scoins subsequently passed two more drug tests.
No matter. When Scoins' boy (called C.Q. in court
papers to protect his privacy) was big enough to leave the
hospital in November, Scoins didn't get a call to pick him
up. Instead, a CPS worker left her a note.
CPS had taken the baby.
The reason: According to the caseworker, Scoins had
"tested positive for methamphetamines."
Amphetamines are present in any number of drugs, not
just crystal meth. But while CPS caseworkers deal with
thousands of meth-related cases in the course of a year,
the staffer on Scoins' case didn't seem to realize that.
Nor did she acknowledge that Scoins' amphetamine
"positive" was in dispute.
Instead, CPS's report claimed that Scoins was a drug
addict. The caseworker wrote that she'd "abused
substances for a long period of time" — an absurd claim
for which the worker offered no supporting documentation.
The report also claimed that Scoins had been homeless and
living in a car. Again, completely false.
Even worse, in the same report, the caseworker claimed
that Scoins' baby had yet to be tested for drugs.
That wasn't true. C.Q.'s tests were complete within
days of his birth, two months before. He was negative for
all drugs.
Taking C.Q. amounted to a rush to judgment that may
have been triggered by good intentions — but doesn't
hold up to scrutiny today.
Scoins was devastated at losing her baby.
"I was just a mess," Scoins says. "I kept thinking,
there's some mistake. I've never used drugs; they must
have me confused with someone else. When they find out,
this will all be over. But that never happened."
Instead, CPS only let Scoins see C.Q. during
supervised visits. And Scoins' caseworker filed paperwork
to take away her other three children, too.
Ultimately, the agency dropped its threat; when C.Q.
was nine months old, CPS finally returned him to his
mother. But that was only thanks to an attorney friend
who handled Scoins' case for free.
"I probably would not have my son back today without
that," she says.
Throughout a three-hour interview with New Times at the
public library in Surprise, Scoins' two youngest boys
interrupt frequently to show their mother books, pester
for her library card, and ask for help with the computer.
They have a warm rapport; Scoins is affectionate with
them, and they clearly adore her in return.
Since her battle for C.Q., Scoins founded the Arizona
Family Rights Advocacy Institute and devotes much of her
time to helping families across the state fighting CPS.
She doesn't get paid, yet she estimates she easily spends
more than 60 hours a week taking their calls, helping them
with paperwork, even showing up in court to offer an
assist.
She knows the dark side of Napolitano's push for safety
first. She's lived it.
"This wasn't even a case where they took the kid and
asked questions later," says her attorney, Ambrose,
disgusted. "In this case, they didn't even ask
questions."
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Public Enemy Number One
She went after CPS -- but now the state may be coming
after her
By Sarah Fenske, Published: March 22, 2007
Robin Scoins is the perfect face for the argument
against Arizona Child Protective Services. And she
believes that's exactly why she's drawn the ire of state
representative Pete Hershberger.
Martha Strachan
Robin Scoins got involved fighting CPS after her
son was taken from her in 2003.
Three years ago, Scoins lost her newborn son to CPS
custody. The agency claimed, falsely, that she'd tested
positive for crystal meth; it took nine months to sort
out what proved to be a sloppy mistake and get her little
boy out of foster care.
Today, Scoins devotes her time to parenting her four
kids — and to fighting CPS. As the founder, executive
director, and sole staffer of the Arizona Family Rights
Advocacy Institute, she helps families with their custody
battles, inveighs against legislative efforts to increase
CPS funding, and pushes for laws that increase parental
rights.
She's had some victories. Typically, the Legislature
will renew an agency's mandate for 10 years; with Scoins
on the attack last year, CPS's parent agency, the
Department of Economic Security, was renewed for only two.
She was also able to draw attention to social workers who
raised complaints about the agency's operations in Kingman
(see "Suffer the Children," October 26, 2006).
And Scoins knows how to work the bully pulpit. If
nothing else, her story provides great political cover for
CPS critics like Senator Karen Johnson, a Mesa Republican.
It can be difficult, politically, to criticize an agency
that fights child abuse. It's a lot easier when you have
an example of a non-abusive mom, like Scoins, caught in
its bureaucratic net.
But despite her success at the Capitol, and despite the
fancy title, Robin Scoins is no Jack Abramoff. She lives
on Social Security and does her advocacy work from the
bedroom of her Section 8 apartment — because, as she
explains, "I don't even have a kitchen table." She has no
funding, not even from the families she advocates for,
although sometimes they'll help out by babysitting. She's
never wined or dined a legislator in her life.
But is she a lobbyist? That's the question that could
cost her up to $1,000 or even a misdemeanor conviction.
Under Arizona law, lobbyists must register every two
years and pay a $25 registration fee. They must also file
annual reports.
Scoins never did any of that. And last month,
Representative Pete Hershberger, a Republican from Tucson,
wrote the secretary of state to request that the office
investigate whether Scoins is "properly registered for the
activities she is undertaking." He then forwarded the
letter to the attorney general and Maricopa County
attorney.
Hershberger chairs the House's Human Services Committee
and is one of the Legislature's most outspoken CPS
supporters. While many Republicans harshly criticized the
agency's Napolitano-era mandate to prioritize child safety
above family preservation, Hershberger applauded it. When
Napolitano asked for $34 million for the agency in 2003's
landmark "CPS reform" special session, House Republicans
countered with $1.7 million. Hershberger crafted the
compromise that got CPS $17 million instead.
As Hershberger pointed out in his letter, Scoins has
signed in at committee meetings as a representative of her
family rights institute. The secretary of state's
"lobbyist handbook" suggests that could be enough, in and
of itself, to trigger a violation, although an actual
penalty would require Scoins to have "knowingly" failed to
follow the rules.
Joseph Kanefield, the state election director for
Secretary of State Jan Brewer, acknowledges that
complaints like Hershberger's are highly unusual. "I can
tell you that it's the first one we've gotten this
session," he says. It'll be up to his office to determine
whether there's "reasonable cause" to suspect that a
violation occurred. If there is, he says, the case would
go to Goddard.
Kanefield sent a letter to Scoins on March 8 with two
questions: Was she paid by the family advocacy institute
to lobby the Legislature? And had she spent any money to
woo legislators — say, buying them lunch?
Scoins has done neither, as she explained in her reply
to Kanefield last week.
"At no time have I ever presented myself as a lobbyist,
and in fact stated in public hearings, that I am NOT a
lobbyist and I am not paid by anyone to speak in support
of or in opposition of any bill," she wrote. "I have not
been paid to provide testimony at the request of a
legislator as a citizen expert on CPS issues. I am a
mother, who volunteers time to help others exercising my
right to participate in government processes."
Kanefield says it's too early to say whether Scoins
must register just because she represents a group. The
law is complicated; Kanefield doesn't want to comment on
the merits of the complaint until his office's
investigation is done.
But others are crying foul on Hershberger.
Dan Pochoda, legal director of the Arizona chapter of
the ACLU, says he's waiting for the secretary of state's
decision before he gets involved. But if lobbying laws
are used to stop a citizen from speaking in front of a
committee, even if that citizen is part of a bigger group,
he believes it "would raise significant First Amendment
issues."
And Richard Wexler, executive director of the National
Coalition for Child Protection Reform and an outspoken
critic of CPS, calls Hershberger's complaint "absolutely
unheard of."
"Most legislators," Wexler says, "at least pick on
someone their own size. I've never heard of anyone going
after a grassroots activist like this."
Even if Hershberger is right about the law, it doesn't
help that he and Scoins disagree so vehemently on the
issues. If nothing else, this looks like an attempt to
harass a dissenting voice, and one of a low-income single
mom at that.
Nor does it help that, in the private sector,
Hershberger is getting paid by a company with strong ties
to CPS. Before he was elected to the House, Hershberger
was a full-time employee at a Tucson social service agency
called Open Inn. Tax records show that Open Inn gets the
bulk of its funding — more than $3 million annually —
from government contracts. As Hershberger acknowledges,
some of those contracts are with CPS's parent agency.
It's not clear just how much he's being paid. The
personal disclosure form that Hershberger has on file with
the secretary of state shows only that the total is over
$1,000. He claims he hasn't billed Open Inn in months and
that the company's ties don't factor into how he feels
about CPS. (And what he's doing is not a legal conflict
of interest, according to Arizona's rather lax laws
regarding legislators.)
Hershberger insists that his letter wasn't intended to
silence a critic.
"I was just curious," he says. "My understanding is if
she's representing someone other than just herself, paid
or unpaid, she has to register. That's to protect the
public and let them know who's representing who. . . .
Now it's up to them. If she didn't do anything wrong,
okay, I'm done with it."
Richard Wexler, for one, doesn't buy it. If
Hershberger was just "curious," he asks, why not just talk
to Scoins and ask about her funding?
"That's what he would do if he was curious," Wexler
says. "But if he wanted to bully her, he'd send a letter
to the secretary of state — and then he'd forward it to
the county attorney."
Details: E-mail sarah.fenske@newtimes.com, or call
602-440-1130.
Addendum: Richard Wexler reports
on some help for Robin.
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April 16, 2007
THE ARIZONA ACLU STEPS IN
The Legal Director of the ACLU of Arizona has written
to the Attorney General’s office on behalf of Robin
Scoins in connection with the controversy discussed in the
previous post to this blog. In the letter, ACLU of
Arizona Legal Director Daniel Pochoda writes:
“We are troubled by the manner and results of this
process and are assisting Ms. Scoins at this stage.
Application of the lobbying registration requirements in
this context has First Amendment implications and will
likely result in chilling rights of speech and to petition
the government.”
Fake Social Workers
April 9, 2007
Among the dangers for parents we now have impostors
claiming to be social workers. It is an easy way to spy
inside homes or for pedophiles to see some skin or just to
terrify neighbors. The current article is from Wyoming. We
include an older case of the same scam from Nova Scotia.
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Riverton officials looking into alleged
DFS impostor
RIVERTON (AP) -- Authorities are investigating reports
of a woman posing as a Department of Family Services case
worker, entering people's homes and asking questions about
their children.
Sada Selvig, supervisor of the DFS social work
department in Riverton, said she got a call March 27 from
a couple suspicious about such a visit.
"I've just never seen or heard anything like this,"
Selvig said.
According to Selvig, a tall, middle-aged woman wearing
jeans and a blue sweater knocked on the couple's door in
northeast Riverton and said she was there to conduct an
inspection. The 23-year old woman who answered the door
let her in, but became suspicious when the woman began
asking about her young children.
The victim and her husband reported the incident to
Selvig and to police later that day.
Riverton Police Capt. Milan Vinich said after the
couple's complaint circulated around the department,
another local woman filed a similar complaint.
"Turns out that the daughter of a police department
employee experienced a similar encounter three weeks prior
and didn't think much of it until hearing about this
account," Vinich said.
Selvig said she knew something was amiss as soon as she
heard how the impostor was dressed.
"That was my first tip off," Selvig said. "The woman
was wearing jeans. Case workers are not allowed to wear
jeans."
Selvig said most DFS employees on home visits are
accompanied by a police officer. And although DFS
employees don't wear uniforms, they should wear a DFS
badge in a visible location and should be driving a state
vehicle with an "S" on the license plate.
Selvig also said DFS does not have the authority to
remove children from a home, and that anyone who says they
have that authority through DFS should be treated with
suspicion.
"So if there is a caseworker alone that comes to your
home and says they will be taking your child into
protective custody and placing them in foster care, you
should call law enforcement immediately," she said.
Vinich called the whole situation "disturbing."
"We don't know what the motivation would be," he said.
The Nova Scotia case from 2004:
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Thursday, July 15, 2004
The Halifax Herald Limited
Social worker hoax odd, puzzling
Women posing as staffers stripped kids;
2nd such scam in six months
By DAN ARSENAULT / Crime Reporter
Halifax RCMP have released composite sketches of two
women who falsely claimed to be social workers in order to
enter a house, undress children and examine them.
On Wednesday, police issued the drawings put together
with help from an Eastern Passage woman who let the two
women into her home in late May.
"We're trying to see if the public can recognize these
two individuals," RCMP spokesman Sgt. Joe Taplin said
Wednesday.
"We tried every other avenue in the investigation and
right now we're releasing the composite." RCMP say two
women pulled a similar stunt in Timberlea in November, but
police aren't sure the two incidents involve the same
people.
The police also hope to alert others about the women so
no one else is duped into letting the impostors into their
home.
In the most recent incident, two women went to a Main
Road house on May 28. Claiming to be child protection
workers, they identified themselves as Mrs. Walker and
Mrs. Geddys. They wore business clothes, carried
briefcases and told the woman in the house that they
wanted to check the two children there. She let them in.
"They went over and took the clothes off the two
children," said Sgt. Taplin. "They checked the children
for bruising."
"They played the role right to a T."
The children's mother stood by while the kids were
undressed.
The phoney child protection workers eventually left.
Afterward, the woman's husband came home and called the
Community Services Department after hearing of the
situation.
"It was determined at that time that no social workers
were sent to the residence and that's when we entered into
an investigation," Sgt. Taplin said.
The Eastern Passage woman described one intruder as
short and heavy-set, with shoulder-length black hair. The
other is taller and thin, with shoulder-length hair.
Sgt. Taplin would not reveal the name of the Eastern
Passage woman or the age of her children.
Police are puzzled by the women's motives.
"It's the same as the incident that happened in
Timberlea," Sgt. Taplin said.
In both instances, the children's clothes were removed
but no pictures were taken, nothing disappeared from the
house and the children were not inappropriately touched.
The Timberlea incident took place at the home of Dana
Curtis.
In an interview Wednesday, she said she has no idea
what the pair were up to, although she found their
behaviour to be a little odd.
"They just seemed kind of uppity, snotty, very
aggressive.
"They said they wanted to check them (her children)
over because they received a complaint about my daughter.
"They asked me to strip them down."
Shocked by the horrible accusation, she readily set out
to prove them wrong by disrobing her two toddlers.
After that, the two women went through some closets in
the house.
Ms. Curtis has seen the RCMP sketches and said "there
were definite similarities" to the two women who came to
her home, though she noted one of the suspects looked much
thinner than she remembered.
In her case, one of the fake social workers wore a tag
identifying herself as Kathy Miller. A subsequent call to
the Children's Aid Society showed no one by that name
worked there.
Ms. Curtis said her intruders knew beforehand how many
children she had.
The ordeal has made her more suspicious. She's
reluctant to answer the door and won't let her older child
play outside.
She's also curious about the women's intentions.
"There's so many different things they could have
wanted. It's just odd."
Terri Green, a Community Services spokeswoman, said
people with concerns about visiting social workers should
make sure they see some identification that can be checked
out before allowing anyone to enter their home.
"All child welfare workers are required to have an
identification badge," Ms. Green said.
Although such workers can belong to different agencies,
all staff carry cards with their name and that of the
agency they work for, she said.
She said parents who aren't sure of the validity of
such cards should phone the agency the people claim to
work for.
Sgt. Taplin said people can phone police in such a
situation, too.
Anyone with information about the incidents is asked to
call Halifax RCMP, Halifax Regional Police or Crime
Stoppers at 1-800-222-8477.
Senior Shrink Arrested
April 7, 2007
Those child psychiatrists who prescribe mind-numbing
drugs to your kids and write reports justifying separation
of kids from their parents are not all saints. Here is one
arrested for multiple instances of child sexual abuse. The
article claims the real tragedy is that parents entrusted
their children to him. An even bigger tragedy is that at
his level of seniority, he could set standards for child
care throughout the country, and ever internationally.
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Respected child psychiatrist arrested on
molestation charges
San Mateo doctor investigated in cases
dating back to '60s
John Coté, Chronicle Staff Writer, Friday, April 6,
2007
A highly regarded child psychiatrist from San Mateo who
once headed the American Academy of Child and Adolescent
Psychiatry was arrested Thursday on 14 felony counts of
child molestation, police said.
Dr. William Ayres, 75, was arrested at his San Mateo
home at about 6 p.m. after a four-year investigation into
allegations he molested boy patients dating back to the
late 1960s.
"The real tragedy here is that parents entrusted their
children to this doctor for help and they were victimized
while in his care," San Mateo police Capt. Mike Callagy
said after the arrest. "That's so tragic."
For decades, the psychiatrist with the ruddy face and
reddish beard was a fixture in San Mateo County mental
health and political circles.
He served with San Mateo County District Attorney Jim
Fox and Supervisor Richard Gordon on the county's Children
and Families First Commission, and in 2002, he was honored
by the county board of supervisors with a lifetime
achievement award for "his tireless effort to improve the
lives of children and adolescents."
During his long and distinguished career as a local
child psychiatrist, he received patient referrals from the
San Mateo County juvenile justice system.
From 1993 to 1995, he served as president of the
American Academy of Child and Adolescent Psychiatry, the
leading professional medical association for child
psychiatrists with more than 7,500 members nationwide.
Callagy said the doctor did not resist arrest and was
"very stoic" when officers arrived at his home Thursday
night.
Prosecutors Thursday filed 14 counts of lewd and
lascivious acts with a child under 14 years old against
Ayres, Callagy said. He said the charges involved
multiple victims, but he declined to give a specific
number.
Ayres is being held in San Mateo County jail on $1.5
million bail and is expected to be arraigned today in a
Redwood City courtroom.
The arrest follows years of accusations against the
doctor that raised red flags but never amounted to a
criminal case. It was only after San Mateo police
received a complaint in 2002 that authorities obtained a
search warrant in March 2006 for Ayers' medical records,
police said.
The records produced a list of 800 names of former
patients whose contact with Ayres could fall within
current statutes of limitations, police said. Police
interviewed the patients and identified alleged victims
that led to the current prosecution, Callagy said.
Among some of the other accusations that are documented
in public records but never led to criminal charges are
the following:
- At least five men -- none of them the alleged victims
in the criminal case -- claim in police reports, civil
depositions and a Child Protective Services report
that Ayres molested them in their youth.
- One of those former patients sued Ayres in December
2003, accusing the psychiatrist of masturbating him
under the guise of a medical exam on multiple
occasions in the late 1970s when the patient was 13
years old. The case was settled confidentially in
2005.
- Police investigated at least two other molestation
reports against Ayres before the 2003 lawsuit, records
and deposition transcripts show. One was determined
to be "unfounded" in 1987, and the alleged victim in
the other didn't cooperate with police, according to
those records and statements.
- At least two other men came forward separately in 2005
saying Ayres had also molested them as teens in the
1960s and 1970s, but the cases could not be prosecuted
because the statute of limitations had expired, police
reports show.
One of those former patients, whose name was redacted
from the report, told police he arrived early for an
appointment one day and saw another teenage boy emerge
from Ayres' office.
"The victim said the look on the other boy's face was
like, 'He's going to do it to you too,' " the report read.
In the 2003 lawsuit, filed against Ayres and his
medical group, Peninsula Psychiatric Associates, attorneys
for the former patient accused the psychiatrist of
exploiting his position of power and trust to prey upon
young boys who were patients.
The lawsuit contended the alleged victim, referred to
in court documents as James Doe, was not Ayres' first
molestation victim. The lawsuit alleged "there were at
least four others, and possibly more."
The two sides reached a confidential settlement in July
2005, after which Ayres' attorney said the psychiatrist
did not concede any wrongdoing.
Ayres said under oath he didn't remember the alleged
victim and denied molesting him, according to a transcript
of his deposition in the lawsuit.
"It is very common that I'll be having lunch and a
person in their 30s will come up to me and say, 'Aren't
you Dr. Ayres? I wanted to thank you again for the
help,' " Ayres said in his deposition. "I'll look at
them, and I won't know who the hell they are. It turns
out I saw them when they were in seventh grade."
Ayres also acknowledged he sometimes conducted physical
examinations of juvenile patients, according to the
transcript.
"I do not think there is any standard of care that says
it's inappropriate for a physician who is a child
psychiatrist, that they should not do physical
examinations," Ayres said, according to the transcript.
He said the county's juvenile justice system, its
court-appointed attorney program, pediatricians and social
workers all referred patients to him for years, and he
estimated in 2004 that he had seen about 2,000 patients in
40 years of practice in the county.
He evaluated a patient referred by juvenile court Judge
Marta Diaz as recently as March 2003, even though San
Mateo police or the county social services department had
received at least three complaints of molestation by that
time, records show.
E-mail John Coté at jcote@sfchronicle.com.
This article appeared on page A - 1 of the San
Francisco Chronicle
No Real Reform
April 7, 2007
Who can best assess the needs of a child:
- mom
- dad
- a computer
If you chose c, you think like a Children's Aid
reformer. In a complex press release, the OACAS announces
policy changes responsive to the Auditor General's
report. The most needed reform is not mentioned —
independent oversight. The proposed changes are
diversionary. The news article below simplifies the
matter.
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Changes to come at Children's Aid after
auditor's report
Last Updated: Friday, April 6, 2007 | 5:25 PM ET, CBC
News
Ontario's Children's Aid Societies vow to bring about
major administrative changes after a hard-hitting auditor
general's investigation revealed serious problems
regarding the agency's spending habits.
Auditor General Jim McCarter tabled his report at the
Ontario legislature last December, detailing expense
abuses at several family and youth services agencies,
including incidents where luxury vehicles, gym memberships
and personal travel costs were charged to the province.
The investigation also reviewed the risk assessment
system used by Children's Aid Societies (CAS), and new
cases were delayed by weeks because of red tape.
McCarter made a series of recommendations that
Children's Aid is now ready to implement, said Jeannette
Lewis, executive director of the Ontario Association of
Children's Aid Societies.
Those recommendations include:
- New policies for international travel, credit card and
company vehicle use.
- New policies for staff spending.
- New computer system for assessing abuse and neglect
risk in reported cases.
Lewis acknowledges the agencies' reputation took a hit
after the auditor's report, but said employees are
committed to protecting children.
"Investigations will be completed professionally and in
a timely manner, and I think that's what the public needs
to know and understand," Lewis told CBC.
She wouldn't say when the policies would be in place.
Bounty for Cole Norris!
April 2, 2007
In the latest development in the Norris case, Brantford
CAS wants the case transferred to them, but Frontenac
(Kingston) CAS still wants to keep the case in their
hands.
Want to know the real reason Kingston CAS wants to get
Cole Norris returned? Forget all the psychiatric reports.
When Cole's brother Tyson spent two weeks in CAS care the
bill was $8260.56, $590.04 per day. If they can put Cole in
those accommodations for a year, that is $215,364.60 steered
from the taxpayers to CAS associates. Here is a link to the
special rate agreement,
(photocopy). Your browser may require another click to see
the full-sized image. The document is part of an incomplete
file disclosure given to Cathy Norris. A few parts were
blotted out by CAS, not Cathy. To facilitate searching,
here is the special rate agreement
as a text file.
Note: We hereby offer to provide
Cole Norris with food and shelter for an entire year for
only $115,364.60, saving the taxpayers $100,000!
Addendum: justiceseeker has posted another YouTube video, The
family Separated by the Kingston Children's Aid, showing
the Norris family from babies to teenagers just before CAS
intervention.
Addendum: Here is the pap
children's aid and the police feed to the press. They make
it look like Cole ran away from mom and dad, but has been
happily returned after a major investigation. Sure.
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The Whig-Standard
Local News - Tuesday, April 03, 2007 Updated @ 11:21:50
PM
Missing boy found in Brantford area
A 13-year-old Deseronto boy who went missing in August
has been found, provincial police said yesterday. Napanee
OPP said Cole Norris has been located in the Brantford
area.
Norris sparked a major investigation when he went
missing Aug. 17, after telling his family he was going
downtown or to the town library.
Serial Killer Strikes Again
March 31, 2007
Matt and Jennifer Lethbridge have had nine children taken
by the State of Michigan. The state's score so far: two
dead and seven to go. No, make that eight to go. Jennifer
is pregnant again. In the latest development, the state has
finalized the removal of two more children.
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Detroit Free Press
Lethbridges and youngest children won't
reunite
March 30, 2007
By JACK KRESNAK
FREE PRESS STAFF WRITER
A Washtenaw County judge decided today that Matt and
Jennifer Lethbridge, whose nine children all have landed
in foster care, will not be reunited with their two
youngest children.
Family Court Judge Darlene O’Brien ordered the
couple’s parental rights to their 11-month-old daughter
terminated, but she did not end their rights to their
4-year-old daughter, saying it would not be in the
child’s best interest. Instead, the judge ordered the
child’s current foster parents in Washtenaw County to
consider becoming her permanent guardians.
O’Brien said the girl “would have the benefit of
continuing to have her parents in her life, but she
wouldn’t leave the foster parents’ home. She would be
raised by them.”
The Washtenaw County foster parents have expressed an
interest in adopting the girl’s 11-month-old sister.
The 4-year-old was in foster care in Detroit with her
2-year-old brother Isaac when he was killed in his foster
mother’s home last August.
On hearing the ruling, Matt Lethbridge, 33, initially
broke down and then appeared confused about the
implications. He said he and his wife would try to keep a
relationship with the 4-year-old through her foster
parents.
Six of the Lethbridges’ older children were removed
from their care after complaints involving neglect. All
were later adopted. Isaac and the 4-year-old landed in
foster care in 2005, and an infant daughter born last
April was placed in foster care almost immediately. The
couple’s 10th child is due next month. Washtenaw County
authorities plan to file a petition to remove that child
after its birth.
The Lethbridges, who now live in Canton, had contended
that they have matured as parents and recognize why their
children were removed from their care. Among the past
problems: Their homes were filthy and there were signs of
emotional and medical neglect of the children.
Washtenaw County Assistant Prosecutor Stacie Shaw told
the court that the couple’s living conditions get worse
when authorities are no longer involved with the family.
“Their history and their actions speak louder than their
words,” Shaw said, adding, “I don’t doubt in my
heart that the parents truly love both of these girls,”
but the risk is too great to entrust the children to their
care.
The children’s attorney, S. Joy Gaines, also asked
O’Brien to terminate the Lethbridges’ parental rights.
“I’m clear that they love their children and that
they want to be parents,” Gaines said, but “with the
extensive protective services history, there are more
issues than just cleanliness. There are real mental
health issues.” She also said it would not be good to
move the 4-year-old, who is in her fourth foster home,
again.
Earlier today, O’Brien heard testimony from Washtenaw
County Protective Services worker Joseph Lanczki who said,
despite the family’s long history of involvement with
protective services and the juvenile court dating to 1997,
things had not improved by September 2005, when Isaac and
his 4-year-old sister were removed from the Lethbridges’
filthy Westland home.
“When conditions of the home reach a level of
criminality, it’s pretty severe,” Lanczki said. The
couple were charged with misdemeanor child neglect after
the children were removed. Jennifer Lethbridge, now 30,
served 45 days in jail; Matt Lethbridge, now 33, received
probation.
Matt Lethbridge, given one last chance to convince the
judge to return his daughters to their care today, said,
“We are fanatic cleaners at this point. We don’t even
think the old way any more. We are not those people any
more.”
Jennifer Lethbridge attended today’s hearing by
phone. Matt Lethbridge said he and Jennifer quit smoking
last Friday, though he said he cheated twice after having
a vasectomy on Tuesday.
Isaac’s foster mother has been charged with
involuntary manslaughter and second-degree child abuse in
connection with his death, but no one has been charged
with the fatal beating. His death was the subject of a
three-day series in the Free Press in January that
detailed the failings of the Lula Belle Stewart Center,
the Detroit foster care agency that handled Isaac’s
care, and the state Department of Human Services, which
supervised the agency.
Contact JACK KRESNAK at 313-223-4544 or
jkresnak@freepress.com.
Addendum: The State of Michigan
wants the Lethbridges' next child was taken as well.
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Detroit Free Press
Parents of Isaac Lethbridge fight to keep
newborn
Couple has lost custody of 7 other kids
April 27, 2007, by JACK KRESNAK, FREE PRESS STAFF
WRITER, UPDATED AT 3:05 p.m.
Wayne County Child Protective Services on Friday filed
a petition to terminate the parental rights of Matt and
Jennifer Lethbridge after removing their 15-day-old baby
boy from their Canton Township home.
The Lethbridges -- whose 2-year-old son Isaac was
beaten to death in a Detroit foster home last summer --
said they will try to regain custody of their newborn even
though judges in Washtenaw County have terminated their
parental rights to seven of their nine previous children.
The couple appeared at a preliminary hearing in Wayne
County juvenile court this afternoon. Referee Peter
Schummer Jr. authorized the petition and said the case
would be transferred to Washtenaw County unless that
county rejected it for some reason. If that happened, the
case would be returned to Wayne County.
Schummer also suspended the Lethbridges' visitation
rights.
The baby, named Xavier Isaac Lethbridge, was removed by
CPS, a division of the Wayne County Department of Human
Services, about 4 p.m. Thursday with the assistance of
Canton Township police, officials said.
The DHS' permanent custody petition sought to transfer
jurisdiction of the boy to Washtenaw County DHS because of
the family's history there. Judges in Washtenaw ended
their rights to the other seven children on the grounds
that the couple neglected them and did not benefit from
counseling and other programs to improve their parenting
skills.
Matt Lethbridge, 33, said the baby's seizure by CPS was
improper because Xavier was not at risk of any harm under
his parents care, despite the past history.
"This is absolutely ridiculous," Lethbridge said before
the court hearing. "There is no danger to him whatsoever
because there are so many monitors in place right now."
Lethbridge said he and his wife, 30, did not keep the
baby's birth a secret from anyone and would have told DHS
about Xavier's birth at home on April 12 if they had
asked. He said the couple told their private therapist,
Celeste Brown, who saw the child herself on Tuesday.
Lethbridge said their townhouse in Canton is clean.
The couple lost custody of Isaac and his then 3-year-old
sister in September 2005 when police found the children in
their filthy home in Westland. Both Matt and Jennifer
Lethbridge later were convicted of misdemeanor child
neglect in that case.
On March 30, Washtenaw County Family Court Judge
Darlene O'Brien terminated their parental rights to an
11-month-old daughter, but declined to terminate rights on
the now 4-year-old daughter who allegedly was abused in
the same foster homes as her brother Isaac.
Last December, Matt Lethbridge initially denied to the
court that his wife was pregnant, but quickly recanted and
said he was afraid authorities would again take their
newborn away. Washtenaw County officials said they would
seek to remove that baby from the Lethbridges and
terminate their parental rights. That county's DHS was
waiting for a birth, though it was Wayne County officials
who removed the child.
"I knew the second they knew he was born they were
going to come and take him," Lethbridge said. "We didn't
run. We didn't hide. We were right there. We opened the
door and were cooperative."
Charlsie Adams-Rogers, 59, of Detroit is scheduled to
be tried June 4 on involuntary manslaughter and child
abuse charges in Isaac Lethbridge's death last summer in
her foster home.
Contact JACK KRESNAK at 313-223-4544 or
jkresnak@freepress.com.
Isaac Lethbridge, age 2 1/2, photographed during a
supervised visit with his parents in June 2006 at a
McDonald's. Isaac was beaten to death in August while
in foster care.
Matthew Lethbridge and wife Jennifer Lethbridge, the
biological parents of 2-year-old Isaac Lethbridge who
was beaten to death in a Detroit foster home, were
photographed at their home in Whitmore Lake on
Wednesday, Aug. 23, 2006. (ROMAIN BLANQUART/Detroit
Free Press). Display this image for more resolution.
Norris Videos Purged
March 29, 2007
Most of the videos of the police manhunt for Cole Norris
are gone from YouTube. Here is a statement posted in
explanation. We have confirmed that it comes from Cathy
Norris.
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Hello
I did take down the video’s from ‘youtube’. One
of the reasons for this is a disturbed individual has
posted a video response using a gun. I consider myself a
social activist , but I will not ever be associated with
anyone who uses threats or violence or hate language. I
believe from the messages I received that the message from
this disturbing video was directed towards me, not the CAS
worker. I am glad of that as I would not want to
compromise anyone else’s sense of safety and
security.
I want to thank you all for the support you have shown
my family and I.
Cathy.
Addendum: Children's Aid has
provided Cathy Norris with a food voucher for $100. This is
compensation for loss of her farm, a year's legal bills,
moving her family from Kingston to Brantford, the stress of
several police raids on her home and halting the orthodontic
treatment of her son Tyson.
Chambers Announces Nirvana for Children
March 28, 2007
Following Mary Anne Chambers' announcement of a new era
of plenty for Ontario's children, we give some comments.
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CHILD POVERTY
Hon. Mary Anne V. Chambers (Minister of
Children and Youth Services): It gives me great
pleasure to speak about the Ontario child benefit, which
Finance Minister Greg Sorbara unveiled last Thursday. We
know the future depends on the type of start that we give
our children in life. The $2.1-billion Ontario child
benefit is a historic investment that will help to give
our vulnerable children the opportunity they deserve.
It’s at the heart of our government’s 2007 budget
because our government believes that Ontario’s future
depends on giving our children the best possible start in
life.
Unfortunately, many children come from families who are
struggling to make ends meet. If only they had some of
the opportunities that so many of us have been fortunate
to have been afforded, they could move beyond the poverty
they struggle against. Our society pays a heavy price
when our children grow up in poverty. That heavy price is
the cost of failed opportunities, lost hopes and forgotten
dreams.
Let me share with you a sampling of statements on
poverty from grade 4 and 5 children in North Bay, taken
from excerpts from Our Neighbours’ Voices: Will We
Listen?
- “Poverty is being afraid to tell your mom you need
new gym shoes.”
- “Poverty is feeling ashamed when my dad can’t get
a job.”
- “Poverty is not getting a hot dog on hot dog day.”
- “Poverty is pretending that you forgot your
lunch.”
- “Poverty is hiding your feet so the teacher won’t
get cross when you don’t have boots.”
- “Poverty is not buying books at the book
fair.”
- “Poverty is not getting to go on school
trips.”
- “Poverty is being teased for the way you are
dressed.”
What is perhaps even more discouraging is to hear from
members of the Ontario English Catholic Teachers’
Association, who say, “Poverty in my classroom is
students who have no hope for the future because the
future costs money.”
An Ontario where children and youth have no hope for
the future is not the kind of Ontario that our government
wishes for its children and youth. Our government has
been tackling the issue of poverty from many angles, and
we are determined to do more. That is why we are
championing strong, progressive initiatives that will make
a difference in the lives of 1.3 million Ontario children
in 600,000 lower-income families.
The Ontario child benefit is about opportunity. It is
about making that opportunity available to everyone. Our
government has taken a giant leap forward to expand
opportunities for all Ontario’s children and families so
no one is left behind because of a lack of
opportunity.
We cannot separate social and economic priorities if we
want to have an inclusive society. So we went one step
further than just simply ending the clawback of the
national child benefit supplement. We are providing
assistance to every lower-income family in Ontario. The
Ontario child benefit is about increasing opportunity to
help people get out of poverty and get on with building a
better future for their children.
The Ontario child benefit is also about giving parents
the opportunity to move off social assistance without
worrying about losing support for their children. It is
about enabling families to make real choices for the
betterment of their children and, more importantly, to see
the realization of the hopes and dreams they have for
their children.
The Ontario child benefit will fundamentally change how
our children receive the benefits they need, benefits that
our government believes children deserve.
Most income support is provided through social
assistance, and that excludes the majority of low-income
working families. The Ontario child benefit provides help
to all children in lower income families. In the first
five years, these families will receive an additional $2.1
billion. Ontario children and their families will be
better off.
The experts agree that our government has made the
right investment for the right reasons. Gail Nyberg,
executive director of the Daily Bread Food Bank, says,
“It’s been a long time since poverty reduction
measures were at the forefront of a provincial budget in
Ontario. We congratulate the government for having the
courage to take on this significant issue, and we expect
to see a reduction in food bank use in the coming years as
a result…. The Ontario child benefit will reduce
barriers faced by families with children who are trying to
leave welfare for work.”
Finally, an editorial from the Globe and Mail last
Friday said the McGuinty government has “devised an
Ontario child benefit that, when fully implemented in …
2011, would be on the cutting edge of 21st-century social
policy reform.”
Our budget clearly demonstrates that Ontario is
well-positioned to take on the challenges of the 21st
century. But in order to ensure our province’s
prosperity, we will need every person in Ontario to
achieve his or her individual potential. The Ontario
child benefit will help to make this a reality. Helping
children in lower income families to succeed is the right
thing to do, and it is the smart thing to do for our
society—a society that enables all children a real
chance at success in life.
I ask all members of this Legislature to join me in
supporting the Ontario child benefit. We owe it to the
1.3 million children of Ontario who will benefit; we owe
it to the 600,000 families who will benefit. This is an
investment in our children, an investment in Ontario
families and an investment in the future.
Politicians cannot always use complete condor, but Mrs
Chambers speaks without connection to reality. Look at the
list of poverty symptoms from the North Bay children. In
most areas of Ontario, showing even one of the symptoms
would get a kid snatched by children's aid. How many
children still living with their parents are that poor?
Well, there is Cole Norris. His mom could provide all the
things he needed until Kingston Children's Aid intervened.
As for the financial benefits for families, they will not
fully be implemented for four years, long after the tenure
of the current government. Below is an analysis by a
journalist who has studied the details.
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No end to Ontario's child tax benefit
clawback
People on social assistance are still
having their federal child tax benefit taken away from
them by the Ontario government. The Liberals have broken
yet another promise.
>by Michelle Langlois, March 23, 2007
There appears to be some confusion over whether the
federal child tax benefit clawback from Ontario social
assistance cheques has been ended by the Dalton McGuinty
government this week. Allow me to clear up the confusion:
the clawback is still in full force.
On Thursday, Ontario Finance Minister Greg Sorbara
announced a new Ontario Child Benefit for low income
families. This means that in Ontario, there will be both
a federal and a provincial benefit for low income families
with children.
People on social assistance will continue to have the
federal benefit clawed back from their welfare cheques.
The new provincial benefit will not be clawed back.
Ontario families who are not on social assistance will get
both benefits. Ontario families on social assistance will
receive the Ontario benefit (which is much smaller than
the federal benefit), but the McGuinty Liberals will
continue to clawback the federal child tax benefit from
them.
Seems like a pretty clear and easy-to-understand
policy, right?
Then why is the McGuinty government trying to confuse
people by claiming that the new Ontario Child Benefit will
“effectively end the current clawback of up to $122 per
child per month from the National Child Benefit
Supplement” according to “government officials”
quoted in the Toronto Star on Friday?
The answer is simple. The Liberal government promised
during the 2003 election campaign to end the child tax
benefit clawback from the families who need it most
desperately: social assistance recipients. As with many
of their other promises, they did not follow through.
The Ontario Child Benefit is a very small but welcome
addition to the social safety net in Ontario for low
income families. But it's a pretty big stretch to claim,
as Greg Sorbara does, that this $50 per month benefit,
which doesn't even start until July of 2008, “takes
children off welfare.” This July, families will receive
a lump sum payment of $250 per child. For those of us
with calculators at home, this works out to $20.83 per
month. This, Sorbara claims, “transforms the system.”
Doesn't sound all that revolutionary to me.
It does not address the fact that people on social
assistance are still having their federal child tax
benefit taken away from them by the Ontario government.
It also does not address the fact that the McGuinty
Liberals have broken yet another promise.
Don't let Dalton McGuinty or Greg Sorbara try to tell
you otherwise.
Michelle Langlois is on the staff of rabble.ca.
Jury Verdict Against California CPS
March 26, 2007
A California mother has won a $4.9 million jury verdict
against her local child protectors for taking her children
without cause, and fabricating evidence while withholding
exculpatory evidence. For those not familiar with
litigation, this requires more than just convincing a jury.
Before getting a jury, the lawyers have to navigate a legal
minefield of motions and discovery, during which child
protectors usually avoid liability by pleading one of their
statutory immunities. Contrary to what the lawyers say in
the press release below, this verdict may not get Orange
County to implement procedures to prevent future abuses.
Their first move may be to get the legislature to strengthen
their immunity.
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March 26, 2007
Orange County Jury Awards Mom $4.9 Million
Against Department of Social Services and its CPS Workers;
Punitive Damages to Follow
Download this press release as an Adobe PDF
document.
Orange County Jury finds Orange County, its CPS
workers and the Department of Social Services agency
liable to mother for $4.9 million in compensatory damages
for constitutional rights violations arising from
interference with association with children. Punitive
damages to be determined against the individual CPS
workers.
San Diego, CA (PRWeb) March 25, 2007 --
| RE: :
| Fogarty-Hardwick v. County of Orange, et al.
Superior Court of California, County of Orange
Case No. 01CC02379 (Trial before Hon. Ronald L.
Bauer, Dept. CX103)
|
On March 23, 2007, the Orange County Social Services
Agency and two of its Social Workers, Marcie Vreeken and
Helen Dwojak were found liable for violating the parental
rights of Deanna Fogarty-Hardwick, as guaranteed under the
Fourth and Fourteenth Amendments to the United States
Constitution. The jury found 10-2 in favor of the
Plaintiff and awarded $4.9 million in economic and
non-economic damages. The punitive damages phase of the
trial will begin on Tuesday, March 27, 2007.
The verdict follows the filing of a civil suit for
civil rights violations by Deanna Fogarty-Hardwick, a
mother of two minor children, against the Orange County
Department of Social Services and three of its social
workers. The Plaintiff Deanna Fogarty-Harwick sued
defendants County of Orange, Orange County Social Services
Agency, Marcie Vreeken, Elaine Wilkins, and Helen Dwojak.
The Jury found against the Plaintiff and for Defendant
Elaine Wilkins, by a 10-2 jury vote.
This case was brought by Plaintiff against Defendants
to recover damages arising from Defendants alleged
violations of Ms. Fogarty's constitutional rights to
raise and associate with her children, free from
governmental interference.
Ms. Fogarty-Hardwick alleged that social workers
Marcie Vreeken, Elaine Wilkins, and Helen Dwojak caused
Ms. Fogarty-Hardwick's children to be removed from her
custody without cause, and continued to detain them
without cause, violating Ms. Fogarty-Harwick's
Constitutional right to familial association. Ms.
Fogarty-Hardwick alleged that these defendants, while
working as social workers for Orange County Social
Services, intentionally fabricated evidence to obtain a
court order to detain Ms. Fogarty-Hardwick's two young
daughters on February 17, 2000. Ms. Fogarty-Hardwick
also alleged that Orange County Social Services, Marcie
Vreeken, Elaine Wilkins, and Helen Dwojak maliciously
failed to provide the court with exculpatory information,
and filed false reports in furtherance of the effort to
keep Ms. Fogarty-Hardwick separated from her children.
The second civil rights claim alleged that the
policies, practices, or procedures employed by Orange
County Social Services and the County of Orange in the
removal of Plaintiff's children from her care also
violated Ms. Fogarty-Harwick's constitutional rights,
under the Fourth and Fourteenth Amendments to the United
States Constitution, and to raise and associate with her
children free from governmental interference. The
unlawful policies, practices or procedures pertained to
the detention of children without a finding of imminent
danger or serious physical injury; interviewing children
without a parent present; continuing detention after
learning there was no basis to do so; using trickery and
fabricated evidence; and failing to adequately train
employees regarding the Constitutional rights of parents.
Lead trial attorney Shawn A. McMillan states "My
client Deanna Fogarty-Hardwick, is satisfied by the Jury's
recognition of the harm that the defendants caused her.
But, obviously, no amount of money can ever undo the
damage inflicted upon Ms. Fogarty-Hardwick or her
children. We expect the Jury's 4.9 million dollar verdict
will cause the County of Orange and its Department of
Social Services to implement procedures to prevent future
abuses by County social workers and protect other
families."
San Diego Lawyer Shawn A. McMillan, of the Law Offices
of Shawn A. McMillan, was trial counsel in the case.
Attorney Sondra S. Sutherland was co-counsel.
For additional information, contact:
Shawn A. McMillan, Esq.
THE LAW OFFICES OF SHAWN A. McMILLAN, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: www.mcmillan-law.com
PRESS RELEASE DISTRIBUTED BY WWW.FEARNOTLAW.COM
Family Saved by Recordings
March 25, 2007
Here is some good news from Canada Court Watch, which
as usual withholds the names of the family.
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Tape recording CAS workers pays off for
one family
(March 24, 2007) A family called Court Watch today to
thank them for the advice about how to covertly record CAS
workers. CAS workers had made promises they did not keep
and refused to close the family's file even when the
parents had met all conditions laid out by CAS workers.
At first, CAS workers tried to jerk the family around and
said that they were not going to close the file. When the
parents showed the workers the hidden video and audio
surveillance recording devices and advised workers that
everything that workers had said since the day the file
the file opened had been recorded, including previous
commitments by workers, the CAS workers left the home with
their tails between their legs. The parents were then
advised the next day that their file would be quietly and
immediately closed. Of course, the CAS workers involved
did not want the evidence of their unprofessional actions
to be found out. The parents plan to personally sue to
workers involved using video and audio recordings as their
evidence.
Court Watch receives many complaints from children and
parents about CAS workers fabricating false information
and lying in court documents. Electronically recording
CAS workers will help put to a stop to this. All families
dealing with CAS are highly encouraged to covertly record
all of their conversations with CAS workers. If CAS
workers are honest and doing their jobs professionally,
the workers should have nothing to worry about. Recording
will make people accountable for their actions and
words.
Experiment on Girls
March 24, 2007
This week's federal budget includes $300 million
for a vaccine, Gardasil, against HPV.
Budget pledges billions for provinces,
environment
Kady O'Malley, Macleans.ca | Mar 19, 2007 | 6:42 pm
EST
other budget items omitted
Slightly more contentious may be the $300-million
earmarked for the provinces to vaccinate girls and women
against HPV - the sexually-transmitted virus responsible
for 70% of cervical cancers. In recent weeks, several
American states have been forced to back down from making
the vaccine mandatory after social conservatives objected
to it on the grounds that it could promote
promiscuity.
In the days when contagious disease killed half of all
children before age of majority, vaccines, even dangerous
ones, were a godsend. For Gardasil, the benefit is not so
clear. It helps only sexually promiscuous women and even
among them, only a small proportion die of HPV induced
cancer. Gardasil is new, and long-term dangers are unknown.
If it causes some hitherto unknown pathology, it could do
more harm than good. Canadians will have no choice in the
matter. The presence of CAS alleging "medical neglect" will
make Gardasil mandatory for all Canadian girls.
Gardasil is not cheap. Vaccination for one girl costs
several hundred dollars just for the drug. In this case the
drug company, Merck, has aimed its promotional efforts at
legislators instead of consumers. The Conservative
government led by Stephen Harper, which started out on the
right foot by cutting public funding for daycare in favor of
more money for parents, now seems to have shifted back to
the old policies of strengthening the medical and social
services systems at the expense of families.
Girl Killed with Drugs
March 24, 2007
The death of Rebecca Riley has been in the news for three
months, finally there is a thoughtful article dealing with
her case. She died from prescribed psychiatric drugs. The
parents were the kind who took advice from doctors
uncritically, and may even have tried to help their child by
giving her more than the doctor ordered. Rather than deal
with the failings of the drug-pushing system, prosecutors
have taken the easy route and blamed the hapless
parents.
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Girl's overdose death raises questions
By DENISE LAVOIE, Associated Press WriterFri Mar 23,
7:02 PM ET
AP Photo: Michael Riley, 34, left, and his wife,
Carolyn Riley, 32, are shown in Hingham District...
In the final months of Rebecca Riley's life, a school
nurse said the little girl was so weak she was like a
"floppy doll." The preschool principal had to help Rebecca
off the bus because the 4-year-old was shaking so badly.
And a pharmacist complained that Rebecca's mother kept
coming up with excuses for why her daughter needed more
and more medication. None of their concerns was enough to
save Rebecca.
Rebecca — who had been diagnosed with attention
deficit hyperactivity and bipolar disorder, or what used
to be called manic depression — died Dec. 13 of an
overdose of prescribed drugs, and her parents have been
arrested on murder charges, accused of intentionally
overmedicating their daughter to keep her quiet and out of
their hair.
Interviews and a review of court documents by The
Associated Press make it clear that many of those who were
supposed to protect Rebecca — teachers, social workers,
other professionals — suspected something was wrong, but
never went quite far enough.
But the tragic case is more than a story about one
child. It raises troubling, larger questions about the
state of child psychiatry, namely: Can children as young
as Rebecca be accurately diagnosed with mental illnesses?
Are rambunctious youngsters being medicated for their
parents' convenience? And should children so young be
prescribed powerful psychotropic drugs meant for adults?
Dispensing drugs to children diagnosed with mood or
behavior problems is "the easiest thing to do, but it's
not always the best thing to do," said Dr. Jon McClellan,
medical director of the Child Study and Treatment Center
in Lakewood, Wash. "At some level, I would hope that
you'd also be teaching kids ways to control their
behavior."
According to the medical examiner, Rebecca died of a
combination of Clonidine, a blood pressure medication
Rebecca had been prescribed for ADHD; Depakote, an
antiseizure and mood-stabilizing drug prescribed for the
little girl's bipolar disorder; a cough suppressant; and
an antihistamine. The amount of Clonidine alone in
Rebecca's system was enough to be fatal, the medical
examiner said.
The two brand-name prescription drugs are approved by
the Food and Drug Administration for use in adults only,
though doctors can legally prescribe them to youngsters
and do so frequently.
Rebecca's parents, Michael and Carolyn Riley, say they
were only following doctor's orders. Rebecca, they told
police, had been diagnosed when she was just 2 1/2, and
Rebecca's psychiatrist prescribed the same potent drugs
that had been prescribed for her older brother and sister
when she diagnosed them with the same illnesses several
years earlier.
But Rebecca's teachers, the school nurse and her
therapist all told police they never saw behavior in
Rebecca that fit her diagnoses, such as aggression, sharp
mood swings or hyperactivity.
Prosecutors say the Rileys intentionally tried to quiet
their daughter with high doses of Clonidine. Relatives
told police the Rileys called Clonidine the "happy
medicine" and the "sleep medicine."
Through their attorneys, Michael Riley, 34, and Carolyn
Riley, 32, have accused Rebecca's psychiatrist, Dr.
Kayoko Kifuji, of over-prescribing medication.
Kifuji did not return calls for comment and declined to
be interviewed. But Kifuji has vehemently denied any role
in Rebecca's death. She has agreed to a suspension of her
license while the state's medical board investigates.
Kifuji told police Rebecca had been her patient since
August 2004, when she was 2. She said she based her
diagnoses of ADHD and bipolar disorder on the family's
mental health history, as described by Carolyn Riley, and
Rebecca's behavior, as described by Carolyn and briefly
observed by her during office visits.
Kifuji told police she became alarmed in October 2005
when Carolyn Riley told her she had increased Rebecca's
nighttime dose of Clonidine from 2 to 2 1/2 tablets, and
warned Carolyn the increased dose could kill Rebecca.
But Carolyn told investigators Kifuji told her she
could give Rebecca and her sister extra Clonidine at night
to help them sleep.
Tufts-New England Medical Center, where Kifuji worked,
issued a statement supporting Kifuji, saying her care of
Rebecca "was appropriate and within responsible
professional standards."
In the months leading up to Rebecca's death, others
noticed there was something wrong.
Teachers and staff members at the Johnson Early
Childhood Center in Weymouth, about 20 miles south of
Boston, say they called Rebecca's mother repeatedly to
tell her that Rebecca was "out of it," but her mother said
the girl was tired because she wasn't sleeping well.
A neighbor who lived next door to the family in the
last month of Rebecca's life said Rebecca and her siblings
seemed listless.
"They looked like little robots. They looked very
lethargic," Phyllis Lipton said. "I said, `Wow, they
don't look right,' but who knew?"
Pharmacists at Walgreens in Weymouth called Kifuji
twice to complain that Carolyn Riley was asking for more
Clonidine, even though her prescription was not due to be
refilled yet, according to state police.
Once, Riley said she had lost a bottle of pills, and
another time, she said water had gotten into her
prescription bottle and ruined the pills, according to
police.
Kifuji authorized refills, but after the second
incident, she began prescribing Clonidine in 10-day
refills instead of 30-day supplies, investigators said.
On Aug. 16, a prescription for 35 Clonidine tablets
— a 10-day supply — was filled at Walgreens, even
though the Rileys had obtained a 10-day refill only the
day before, investigators said.
Walgreens spokeswoman Tiffani Bruce said: "The scrip
was filled as written, as it was prescribed by the doctor,
and all the appropriate information on the medications was
given to the family."
After Rebecca's death, police found only seven
Clonidine tablets in the family's medicine tray; the
pharmacist said there should have been 75. All together,
prosecutors say, Carolyn Riley got 200 more pills in one
year than she should have.
The Rileys' lawyers call them unsophisticated people
who did not question their children's doctors.
Both were unemployed; they collected welfare and
disabilty benefits and lived in subsidized housing.
Michael Riley, who is also awaiting trial on charges of
molesting a stepdaughter in 2005, claimed to suffer from
bipolar disorder and a rage disorder; his wife told
police she suffered from depression and anxiety.
"They are not the sort of people who go on the Internet
and look on WebMD. These are the sort of people who, when
they go to a doctor, the doctor is God and they do what
the doctor says," said John Darrell, Michael's lawyer.
Carolyn's lawyer, Michael Bourbeau, said that because
the Rileys' three children were all taking Clonidine,
Rebecca's prescription may have come up short at times
when her siblings were given some of her pills. And some
of the pills may have been lost when they were split in
half, he said.
In July, after a therapist filed a complaint with the
state Department of Social Services, social workers met
with the family's doctors and other medical professionals
and were assured that the medications Rebecca was taking
were within medical guidelines.
"There were lots of medical eyes on this case and none
of them seemed to say there was an issue of
over-medication in this case," said Social Services
Commissioner Harry Spence, who has come under fire for the
agency's handling of the case.
Still, there were lingering concerns. When social
workers tried to make a home visit in November, Carolyn
"resisted and evaded," Spence said. Weeks later, workers
resolved to make a surprise check, but Rebecca died the
very next day, before they could visit.
Rebecca was found dead on the floor of her parents'
bedroom wearing only a pink pull-up diaper and gold-stud
earrings, on top of a pile of clothes, magazines and a
stuffed brown bear.
Rebecca's uncle, James McGonnell, and his girlfriend,
Kelly Williams, who lived with the Rileys, told police
that the Rileys would put their kids to bed as early as 5
p.m. Rebecca, they said, often slept through the day and
got up only to eat.
When Michael Riley decided the kids were "acting up,"
he told Carolyn to give them pills, McGonnell and Williams
told police.
According to McGonnell and Williams, Rebecca spent the
last days of her life wandering around the house, sick and
disoriented. But the Rileys told police they were not
alarmed. "It was just a cold," Carolyn repeatedly said
during police interviews.
The medical examiner said Rebecca died a slow and
painful death. She said the overdose of Clonidine caused
her organs to shut down, filling her lungs with fluid and
causing congestive heart failure.
Williams told police that the night before she died,
Rebecca was pale and seemed "out of it." At one point, the
little girl knocked weakly on her parents' bedroom door
and softly called for her mommy, but Michael Riley opened
the door a crack and yelled at her to go back to her room,
Williams said.
Later that night, McGonnell told police, he heard
someone struggling to breathe and found Rebecca gurgling
as if something was stuck in her throat. McGonnell told
police he wiped vomit from his niece's face, then kicked
in the door to her parents' room and yelled at the Rileys
to take Rebecca to the emergency room.
Instead, Carolyn Riley said, she gave her daughter a
half-tablet of Clonidine.
Carolyn's mother, Valerie Berio, said that when she
visited the kids the night of Dec. 11, Rebecca seemed
congested but not seriously ill. In a photograph Berio
said she took that night, Rebecca is smiling slightly as
her mother holds a new green velvet dress in front of her.
Berio said that shows that her daughter and son-in-law
could not have known how sick Rebecca was.
Rebecca's death has inflamed a long-running debate in
psychiatry. Some psychiatrists believe bipolar disorder,
which was traditionally diagnosed in adolescence or early
adulthood, has become a trendy diagnosis in young
children.
"As a clinician, I can tell you it's just very
difficult to say whether someone is just throwing tantrums
or has bipolar disorder," said Dr. Oscar B. Bukstein, a
child psychiatrist and associate professor at the
University of Pittsburgh.
A study of mentally ill children discharged from
community hospitals, published in January in the Archives
of General Psychiatry, found the proportion of children
diagnosed with bipolar disorders jumped from 2.9 percent
in 1990 to 15.1 percent in 2000.
A report released by the Centers for Disease Control
and Prevention in 2002 estimated that about 7 percent of
elementary school-age children — or approximately 1.6
million youngsters ages 6 to 11 — have been diagnosed
with ADHD.
The annual number of U.S. children prescribed
anti-psychotic drugs jumped fivefold between 1995 and
2002, to an estimated 2.5 million, according to a study
published last year by researchers at Vanderbilt
Children's Hospital in Nashville, Tenn.
Some child psychiatrists say bipolar disorder may have
been under-diagnosed in children for years, partly because
several key symptoms are also symptoms of ADHD, including
hyperactivity, distractibility and talkativeness.
Dr. Janet Wozniak, director of the Pediatric Bipolar
Disorder Research Program at Massachusetts General
Hospital, said early diagnosis and treatment are critical
because the illness can cause social and academic
problems, and lead to drug abuse, crime and suicide.
"What's commonly overlooked when considering diagnosing
and treating children at such an early age is the risk of
not treating and not intervening," Wozniak said.
Addendum: A comment published in
the Boston Globe suggests that the power of the
phamacological establishment is so great it is a threat to
the career of any of its critics.
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The Boston Globe
Misguided standards of care
By Lawrence Diller | June 19, 2007
AS A doctor, I did the nearly unthinkable at a recent
conference on bipoloar disorder in children. I charged
another doctor with moral responsibility in the death last
December of Rebecca Riley, a 4 -year-old girl from Hull.
Naming names in medicine is just not done very often --
and I knew the personal and professional risks I was
taking. Yet I felt compelled to name Joseph Biederman,
head of the Massachusetts General Hospital's Pediatric
Psychopharmacology clinic, as morally culpable in
providing the "science" that allowed Rebecca to die.
Rebecca's parents have been jailed and charged in her
death. They are accused of intentionally overdosing her
with clonidine, an anti hypertensive and sedative drug --
one of three psychiatric medications prescribed by a
Tufts-New England Medical Center child psychiatrist.
Rebecca had been treated with these medications since the
age of 2 1/2 for the purported diagnosis of bipolar
disorder -- the new name for manic-depression.
While the psychiatrist involved has withheld comment on
the case, both her lawyer and the medical center have
defended her actions as "within the standards of care."
Biederman and his colleagues at Harvard are the
professionals most responsible for developing and
promoting those standards of care -- which include
diagnosing preschool children as young as 2 with bipolar
disorder and treating them with multiple medications.
Biederman shocked the child psychiatric world in 1996
by announcing that nearly a quarter of the children he was
treating for attention deficit hyperactivity disorder also
met his criteria for bipolar disorder. Up until then
bipolar disorder was rarely diagnosed in teenagers and
unheard of in prepubertal children. Biederman could
justify his findings by simply broadening the semantic
definitions of a previously more circumscribed condition
contained within American psychiatry's bible -- the
"Diagnostic and Statistical Manual of Mental Disorders."
Biederman has produced a number of studies and papers
purporting to demonstrate the validity of his diagnosis
and treatment. His research has always epitomized the
best of what the DSM model of psychiatry could expect.
But the diagnoses in the manual, in concept, are closely
linked to the medical model of biologically based
psychiatric disorders and focus exclusively on the
individual.
While the manual provides helpful clinical guidance in
adults, it begins to unravel with its assumptions about
discrete and specific disorders in children and ignores
the families and environments in which children live. The
ultimate absurdity of this scientific model is diagnosing
bipolar disorder in 2 year olds and linking it to the
adult disorder with the same name -- in the process
saddling young children as chronic mental patients
condemned to a lifetime of psychiatric drugs.
Even the American Academy of Child and Adolescent
Psychiatry -- in its recent parameters on the diagnosis in
children -- eschews the bipolar diagnosis and its
consequent medical treatment in children under 6. Still
there are thousands of potential Rebecca Rileys being
treated with multiple psychiatric drugs because Biederman
has said it's OK and necessary. Supported by millions of
dollars of drug industry promotional funding, Biederman
and his colleagues circle the globe offering professional
medical "education" for their singular point of view.
Finally, it's sad but true -- the field of child
psychiatry is afraid of Biederman. One can hear the
worries and fears whispered in the academic halls and
clinics over where Biederman has taken the profession.
Yet to politely challenge Biederman in public is to risk
public retribution and ridicule from him and his team.
Also academic researchers in child psychiatry risk losing
their funding if they criticize this darling of the
pharmaceutical industry, which provides most of the money
these days for psychiatric research.
The silence was deafening -- and Rebecca's death pushed
me over the edge -- because for over a decade I've have
been uncomfortable about these practices in young
children. I am not against psychiatric drugs for
children. I've written prescriptions for children for 30
years in a clinical practice not tied to the drug
industry.
I risk personal censure and loss of credibility in an
advocacy for a broader concept and treatment for children
with behavior problems in naming this doctor. But this
time, Dr. Biederman, you have gone far.
Dr. Lawrence Diller practices behavioral/developmental
pediatrics in Walnut Creek, Calif., and is the author of
"The Last Normal Child: Essays on the Intersection of
Kids, Culture and Psychiatric Drugs."
Addendum: The judicial system has run its course,
convicting mother Carolyn Riley, and not even touching the pharmacological
establishment that armed the mother with the deadly drugs. The jury was
probably not told that once a doctor prescribed medications, failure to
administer the drugs was medical neglect, justification for taking custody
away from the mother. Charges are still pending against the father, who was
court-enjoined from living with his doomed daughter.
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The Boston Globe
Mother convicted in girl’s drug death
Gets life sentence, possibility of parole
By Patricia Wen, Globe Staff / February 10, 2010
A South Shore mother was found guilty yesterday of second-degree murder in the death of her 4-year-old daughter, Rebecca, who went to sleep one night after being given toxic levels of psychotropic drugs and never woke up.
Carolyn Riley, 35, showed no visible emotion when the 12-member jury returned the verdict after 19 hours of deliberations in Plymouth Superior Court. Riley, her upper chest displaying a “Rebecca 12-13-06’’ tattoo that reflected her daughter’s date of death, was handcuffed as soon as the word guilty was uttered by the jury forewoman.
Before sentencing, Judge Charles Hely permitted the reading of a letter from Ashley Davidson, 17, Riley’s first biological daughter, who as a toddler was removed from her mother’s care, placed in a foster home, and eventually adopted. The teenager condemned her mother for the cruel fate she delivered Rebecca, as well as the tormenting memories left for her and Rebecca’s two other siblings, ages 14 and 9, now both in foster homes.
“When I think that you are my biological mother, I sometimes wonder if it is in my blood. Will I grow up to be a mother like you?’’ said the letter, read by her adoptive father, Bob Davidson.
Riley, who has an additional tattoo on her arm with the name Ashley, listened and stared at the floor.
The judge sentenced her to life imprisonment, with the possibility of parole after 15 years, the mandatory punishment for a second-degree murder conviction. It was one of the lesser offenses that the jury of eight women and four men was allowed to consider in this first-degree murder case.
As officers led Riley out of the courtroom, she looked at her mother, Valerie Berio, a constant presence in the 3 1/2-week trial who was sobbing among the spectators. Riley quietly wept as she was taken our to be transported to MCI-Framingham.
While Plymouth District Attorney Timothy J. Cruz praised the verdict as “a small measure of justice for Rebecca,’’ the mother’s defense lawyer, Michael Bourbeau, said the decision, which he plans to appeal, reflects the jury’s judgment of “what kind of a mother she was,’’ as opposed to the evidence in the case.
He had argued to jurors that medical evidence showed that Rebecca died of fast-acting pneumonia, not drugs, and that the mother gave medications based on the sometimes-flexible instructions of her child’s psychiatrist.
Riley’s husband - Michael Riley, 37 - will be tried separately on the same charges, and his case is scheduled to go to trial next month unless yesterday’s result leads to a plea bargain.
Rebecca’s case attracted national attention to the expanding use and potential abuse of giving psychotropic drugs to very young children. When Rebecca died, she and her two older siblings, Gerard and Kaitlynne Riley, were each on three potent psychiatric medications for bipolar and hyperactivity disorders. Each of them went on the drugs at age 2.
Prosecutors say Carolyn and Michael Riley, Weymouth High School graduates who had been living briefly in Hull when Rebecca died, deliberately sought the psychiatric drugs for their three children to scam their local Social Security office into approving disability benefits.
But behind the twists of the case is the all-too-familiar tale of a deeply troubled, financially strapped couple whose capacity to harm their children became catastrophically evident - to their many doctors, psychiatrists, teachers, and social workers - only when it was too late.
The prosecutors, Frank J. Middleton Jr. and Heather Bradley, depicted Carolyn Riley as an unusual form of child abuser, a woman who used three sedating medications, including Depakote, Seroquel, and clonidine, to control her energetic toddlers and induce sleep.
Remarkably, prosecutors said, Carolyn Riley managed to obtain the drugs routinely through prescriptions from Dr. Kayoko Kifuji, a Tufts Medical Center psychiatrist who faces a medical malpractice lawsuit in the death and agreed to testify only after being granted immunity from prosecution.
On the night Rebecca received her fatal overdose, her father, who had been prone to violent outbursts, became irate about the child’s pleas to be with her mother. Rebecca had been battling a respiratory illness for days, and that night, according to housemates, Rebecca kept trying to enter her parents’ bedroom, moaning, “Mommy, Mommy.’’
Prosecutors said that the mother, whom they portrayed as routinely putting her husband’s needs above her children’s, went to the pill dispensers in their Hull home. That night, the state said, Carolyn Riley gave the coughing and feverish child as much as twice the girl’s daily dosages of clonidine at once, the equivalent of seven tablets of .1 milligram each.
Rebecca’s lifeless body, clad only in a pull-up diaper with a teddy bear beneath her head, was discovered by her mother around 6 a.m. on Dec. 13, 2006, next to her parents’ bed.
Her defense lawyers, however, portrayed Carolyn Riley as an overwhelmed mother deserving of sympathy, a former foster child who was doing her best to raise a family in which the adults and children all had mental health problems.
If the mother had some lapses, her lawyers said, they had to be viewed in light of the difficult choices of a woman struggling with poverty and a domineering husband.
In the year before Rebecca died, Michael Riley saw the children sporadically. He was barred from living with the family in a Weymouth housing development because he had been charged with trying to sexually assault and show pornographic pictures to Ashley during one of her visits with the family.
The father, who was convicted of only the pornography charge and served a 2 1/2-year prison term that ended this year, remains behind bars awaiting his trial in the death of Rebecca.
The attachment of Carolyn Riley to her husband was a recurring theme in the lengthy trial. As the mother waited over three days for a verdict, sitting on a bench reading a romance novel and playing games on her cellphone, she responded readily to reporters’ questions.
When asked about the prosecutor’s argument that she and her husband wanted only to maximize their disability benefits, the mother, who speaks with a soft, girlish voice, disputed that point. She said that Social Security awards more money in total to a couple who file as unmarried singles.
But, she said that she and Michael, together for more than 15 years, chose to remain true to their status as a wedded couple.
“We would have gotten more money if we weren’t married,’’ she said.
Patricia Wen can be reached at wen@globe.com.
Cole Norris Busted
March 24, 2007
justiceseeker has posted several videos on
YouTube of the harassment of Cole Norris by police. An
attempt to enroll Cole in school resulted in a call to the
police. A later video "Police search for Cole Norris",
shows five police cars surrounding the family home.
On the video Cathy Norris says that, when visiting the
CAS office the day before, she went out for a cigarette and
she and Cole were locked out of the building. Cole did not
want to wait to go back in. Cathy describes what happened
next with the clear words: "He took off". Twice the
policeman misquoted her, claiming she said "We took off".
Addendum: Three more videos were
added the next day. In part 1, 15
year old tells cops, the police find out that
Tyson missed a year of school and orthodontic treatment on
account of CAS intervention. In Part
Two. Police harass 15 year old boy. Want to
fingerprint, police accuse Tyson of being an
impostor, and try to get fingerprints or a DNA sample. In
part three after police question
passers-by on the street, a Brantford CAS worker confirms
Tyson's identity. As of now, Cole has no known roof over
his head, and subject to harm by exposure. All in the best
interest of the child.
Complaint on Membership List
March 21, 2007
John Dunn, earlier denied the membership list for his
local children's aid society, has filed a complaint with the
Law Society of Upper Canada. Getting the membership list
was an adjunct to an application for membership, also
denied. The members elect the board of directors, who
operate the society. Whether he succeeds or fails, he has
already demonstrated that membership is futile as a means of
bringing about reform from within. Claims by CAS proponents
that the board of directors is a control over the agency are
baseless.
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Ottawa, ON, March 20, 2007: CAS Ottawa committed the
offence of violating section 307 (5) of the Corporations
Act, R.S.O. 1990, c. C-38 by not providing a list of the
Society's members upon request in accordance with section
307 (1) of the Act..
Complaints have been filed under Rule 2 of the Rules of
Professional Conduct with the Law Society of Upper Canada
against the following Lawyers in connection with the
offence. (documents)
Robert C. Morrow, a Lawyer working with
Burke-Robertson Barristers & Solicitors in Ottawa who
appears to have acted as retained lawyer by CAS in this
matter and particpated in the committing of the offence.
Tracey Engelking, a Lawyer employed by the offending
Children's Aid Society of Ottawa who was made aware of the
Society's decision to commit the offence.
Rick O'Connor, a Lawyer who acted as the Children's Aid
Society's Board of Directors' Vice President who also
actively and aggressively participated in the Society's
offence.
Monster of the Month
March 21, 2007
In the case below, Marie-Emilie Chartier was convicted of
kidnapping for taking her children to Sweden in defiance of
a family court order. This makes sense to anyone who
believes the legal system is a better guardian of children
than mom and dad.
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Mother found guilty of abducting own
children
Paula McCooey, The Ottawa Citizen, Tuesday, March 20,
2007
A jury has found a 36-year-old woman guilty of child
abduction related to an incident when the mother took her
four children on a trip to Sweden in March 2005, contrary
to a custody order.
Marie-Emilie Chartier was wanted on a Canada-wide
warrant and she sparked international police alerts after
boarding an international flight from Montreal to Sweden
on March 15, while the children were legally in the care
of their grandmother, who lives in Ottawa.
A date for her sentencing hearing was to be set Tuesday
afternoon.
Marie-Emilie Chartier was found guilty of child
abduction.
CREDIT: Nicki Corrigall, The Ottawa Citizen
Last October, another jury found the
woman guilty of four counts of making false statements on
a passport application.
They found that on Jan. 28, 2005, Ms. Chartier
applied for passports for herself and the children,
disregarding the section of the passport application that
requires applicants to say whether they are involved in
any legal proceedings related to custody or access to
children.
Ms. Chartier will be sentenced on April 25 for those
offences.
Addendum: Here is the news of
the sentencing:
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April 3, 2007
Child-abduction mom given conditional
sentence
By SEAN MCKIBBON, COURT BUREAU
A mother convicted of child abduction and making false
statements on a passport application will spend the next
15 months on a conditional sentence.
"Merci," said Marie Chartier, 36, meekly after
receiving her sentence from Justice Robert Maranger.
Chartier was convicted last month of child abduction in
her third trial relating to an March 2005 incident in
which she took her kids to Sweden to seek political asylum
in contravention of a custody arrangement.
Maranger ordered Chartier to seek employment, not be in
possession of passports or passport applications and to
perform 100 hours of community service if she can't hold
down work.
Maranger also imposed two years of probation following
the conditional sentence.
The sentence doesn't quite put a final chapter on
Chartier's odyssey through the courts. She's back in
court on April 25 to be sentenced on the passport
offences.
Chartier's first trial in April 2006 ended in a
mistrial when she fired her lawyer and complained that the
jury was not representative of the Canadian population.
A second trial in October 2006 ended with a conviction
on all four counts of making a false statement on a
passport application.
Addendum: That wasn't enough for
caring for your own kids. Here is more sentencing.
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Mother in abduction case sentenced to 6
more months for false passport statements
Paula McCooey, Ottawa Citizen, Wednesday, April 25,
2007
A mother who was handed a 15-month conditional sentence
earlier this month on child abduction charges, was given a
consecutive six-month sentence Wednesday for making false
statements on a passport when she took her four children
overseas in contravention of a court order.
Marie-Emilie Chartier, convicted of child abduction in
March, was wanted on a Canadawide warrant after boarding a
flight from Montreal to Sweden on March 15, 2005.
At the time, her children were legally in their
grandmother’s care.
She surrendered to Swedish authorities in early May
2005 and returned with her children to Canada a week
later.
Last October, another jury found her guilty on four
counts of making false statements on a passport
application.
When she applied for passports for herself and her
children on Jan. 28, 2005, she disregarded a section in
the forms requiring applicants to say whether they are
involved in legal proceedings related to custody or access
to children.
The Crown suggested four to six months in jail, while
the defence asked for a suspended sentence with probation
or a conditional sentence.
While Justice Albert Roy did not impose a curfew for
Ms. Chartier’s first conditional sentence, he did so
Wednesday.
She will be required to stay inside her home from 10
p.m. to 6 a.m. for the first three months of her second
sentence, which will be followed by one year’s
probation. She is also ordered to follow whatever
counselling her probation officer suggests to help her
understand how to make better choices with regard to her
children.
Addendum: October 2007. The courts finally seem
to be through with punishing this mother.
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October 19, 2007
No change in mom's sentence
By MEGAN GILLIS, SUN MEDIA
The province's appeal court has agreed that a judge didn't punish an
Ottawa woman who abducted her four kids enough when he gave her a
conditional sentence without even a curfew.
But the judges still dismissed an appeal of Marie Emilie Chartier's
sentence by the Attorney General of Ontario, arguing justice wouldn't be
served by changing the sentence because she's already served much of it.
"There is no doubt that Parliament intended the imposition of a
conditional sentence to be more punitive than probation, and to be more
restrictive of the offender's liberty," the judges wrote.
"Thus, except in rare cases, a conditional sentence must carry with it
some form of punitive terms, such as house arrest and/or a curfew."
The appeal court judges agreed that the judge erred but noted that
Chartier had served six weeks in jail before her trial and was sentenced
to more punitive terms for lying on an application for her children's
passports.
FLED IN 2005
"We are not persuaded that justice would not be served by interfering
with the sentence imposed," the justices concluded.
A Canada-wide arrest warrant was issued for Chartier in March of 2005
when she fled with her children, aged 5, 6, 8 and 12, of whom she'd lost
custody in November 2004. Her mother was their guardian.
Chartier surrendered after surfacing in Sweden in May of that year and
returned to Canada.
A jury convicted Chartier, 36, of four counts of child abduction in
March. She was given a 15-month conditional sentence and two years of
probation.
She was also later given a six-month sentence and a year of probation
for the passport offences, which included a curfew between 10 a.m. and 6
p.m. for the first three months.
Mom of the Month
March 21, 2007
Can you tell the brand of dishwasher detergent by taste?
One of the foster kids in this story can. Another was
confined to a wheel chair so the foster mom could get more
pay. It is unusual for foster moms to be as sadistic as
Eunice Spry, but common for foster moms to be meaner than
the natural moms the children came from. Foster homes do
not deserve the moniker "place of safety".
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Sadistic foster mother's 19-year reign of
terror
20.03.07
Eunice Spry regularly beat and starved children in
her care
A foster mother was found guilty today of subjecting
three young children to a "horrifying catalogue of cruel
and sadistic treatment".
Eunice Spry, 62, routinely beat, abused and starved the
youngsters in her care over a 19 year period.
The devout Jehovah's Witness forced sticks down their
throats and made them eat their own vomit and rat
excrement.
As punishment for misbehaving, she would beat them on
the soles of their feet and force them to drink washing up
liquid and bleach.
Spry, a pillar of her local community in
Gloucestershire, staunchly denied all the claims made
against her and insisted the only physical punishment she
ever used was "a smack on the bottom".
But a jury at Bristol Crown Court convicted of a series
of charges.
During the four-week trial the jury heard some
harrowing evidence detailing how Spry had subjected the
children to a regime of abuse.
The child's hand has been rubbed raw with sandpaper
The three victims, known as Victim A, B and C, all gave
evidence describing how their daily routines were
punctuated by random acts of bizarre and sadistic violence
at the hands of their foster mother.
Kerry Barker, prosecuting, told how Victim A, now aged
21, was imprisoned in a wheelchair by the woman following
a car crash.
Spry had tried to stop Victim A from trying to walk
again following the crash so she could get more
compensation money.
Victim B, also 21, told how her foster mother would
pull her hair and shove her face in her pet dog's faeces
as punishment.
Victim C, now 18, described how his foster mother held
his hand down on a hot electric hob until it was left
looking like a "gooey mess".
He said he had been force-fed so much washing up liquid
by Spry that he could now differentiate between the brands
on taste alone.
The offences took place in two of Spry's homes in
Gloucestershire between 1986 and 2005. Mr Barker, had
told the jury: "On hearing the indictment the word that
probably sticks in your mind is cruelty.
"That is what this case is about. It is a history of
cruelty by Eunice Spry who was an adoptive mother over a
long period of time."
Face injuries of Victim A
The abuse was finally discovered after another
Jehovah's Witness secretly confronted the wheelchair-bound
Victim A about marks to her head caused when Spry rubbed
sandpaper over her face.
Victim A finally plucked up the courage to report her
foster mother to the police who quickly interviewed Victim
B and C.
Mr Barker added: "The outcome of the interviews was a
horrifying catalogue of cruel and sadistic treatment.
"Most of the acts were carried out as punishment;
others were inexplicable acts of cruelty."
He said the children would be regularly punished for
minor acts of misbehaviour.
Mr Barker explained: "They were made to eat lard and
drink washing up liquid poured down their throats.
They called it home: Spry's foster children lived in
squalor, with little in the way of comforts
"If they were sick (she) would make them eat the vomit
and they were made to eat rat excrement."
He said that Spry would regularly beat the children on
the soles of the feet with a "variety of sticks".
They would be "punched kicked and strangled", and if
they cried the sticks would be forced down their throats.
Mr Barker said Spry used unusual punishments such as
making the children lean against the side of a wall.
The bedrooms in which Eunice Spry's foster children
slept were strewn with rubbish
If they moved, the soles of their feet would again be
beaten with the sticks.
Full cans of food would be thrown directly in their
faces and they would have their heads forcibly held under
the water while in the bath.
Victim A told how when she was a young girl her foster
mother had fixed a sign to the back of one her dress to
cause embarrassment in public. The message read: "This
child is evil. Do not look at her or talk to her. She
wets the bed and is an attention seeker."
Victim A was involved in a serious traffic accident in
2000. Doctors told the girl, who suffered horrific
injuries, that she would be confined to a wheelchair for
up to six months after the crash.
But medical experts who examined her soon found there
was no physical reason why she could not walk.
Spry refused a series of tests to find out what was
behind the girl's mysterious condition and deliberately
hindered her recuperation in a cynical bid to maximise the
compensation payout she could get from insurers.
In 2004, Child A fled from her foster mother and walked
on the very same day. She later confessed that Spry had
forced her to remain in the wheelchair since 2000.
Mr Barker said on one occasion Spry had forced Child C
to place his hand over an electric ring on a cooker
causing blistering.
He added that Spry was able to conceal her alleged
reign of abuse as the children were home taught and not
sent to school.
She has also terrified the children so much with her
ritualistic abuse that they were too frightened to alert
the authorities.
Spry covered her tracks by forbidding them to be
examined on their own by doctors or dentists. She
maintained her innocence throughout police interviews and
during the subsequent trial.
Record CAS Meetings
March 19, 2007
The greatest fear of social services is exposure. They
fight tooth and nail to stay out of the press, and they fear
video and audio recording of their actions. Today's
discussion on Sarnia's Smoking Gun shows just how great is
their fear of recordings. Readers with revealing recordings
should forward them to Dufferin VOCA or Canada Court Watch
for posting to the internet.
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Topic: Brant cas worker complains about
"COURTWATCH"
Rob Ferguson wrote:
Late last week I was contacted by two parents with very
similar stories. It seems that a CAS worker in Brantford
has put up a fight against Canadacourtwatch's teaching of
recording court and cas meetings. One parent produced an
affidavit suggesting indeed the worker has fears of the
practice of recording meetings. I advised both parents to
continue the good fight and contact Brant MPP (for now)
Dave Levac.
litigator answered:
Maybe the Brant CAS worker would like to complain about
Litigator supporting recording of visits and court
hearings too. This is for all CAS workers reading this
Board.
The public is well aware of the suggestive and leading
questions used by you CAS workers when interviewing
children. You frequently submit perjured evidence to the
court by way of affidavit and are rarely held accountable
for your actions. If you people exercised due diligence
when conducting your investigations and told the truth,
people would not have to record you covertly. Innocent
people have nothing to hide and would not care either way
about being recorded. Guilty people immediately begin
complaining because they know damn well the tapes will
incriminate them. So to all you workers out there, you
should be interviewing children on video tape as the
police do so we the parents can see the methods you use to
elicit information from our children
darrensgirl answered:
My worker and supervisor had told me to stay away from
Canada Court Watch saying it's giving out false
information. I have a meeting sometime this week with the
supervisor over the letter I wrote to them about a worker
change.
Guess they didn't like the comment that the workers own
personal problems are clouding her judgement.
Kids Drugged en masse
March 17, 2007
The CTV program W-5 did a story on the drugging of
Ontario children, including the role of children's aid
societies as enforcers. One ten-year-old boy was arrested
by police, taken in handcuffs to a group home and held down
by orderlies while being forcibly injected. Social workers
troll the schools looking for kids to diagnose based on junk
science questionnaires. Mega-bucks change hands while
children turn into zombies.
This program should bring the matter again to the
attention of the Ontario legislature. It is a good
opportunity to call your MPP to remind him to halt routine
use of psychotropic drugs on children. A first step would
be to enact pending bill 88, to give the Ombudsman authority
to look into children's aid societies.
Here are two mms: links to files in .wmv format. You
can give them directly to your media player.
part one 12:25
part two 8:47
If you are unable to use these links, expand the article
below and click on the Source link, taking you to a CTV page
with two links to an embedded viewer.
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A Convenient Diagnosis
Updated Sat. Mar. 17 2007 6:58 PM ET
Sarah Stevens, W-FIVE
When Joshua Lourie was seven, he started acting out in
class. His school sent him for a psychological assessment
and he was diagnosed with Attention Deficit Hyperactivity
Disorder (ADHD). Not unusual, as estimates say that
between 3 to 7 per cent of Canada's more than seven
million children are diagnosed with ADHD.
Joshua Lourie was diagnosed at age 7 for ADHD, but his
family believes the real problem was diabetes.
Janette at first refused to put her son on Ritalin,
but that wasn't then end of the issue.
Sandra Fisman says 'There is a fashion around the
diagnosis of ADHD.'
Joshua's mother Janette says, "The school had suggested
that I put him on Ritalin and this is when he was about
the age of six, going on seven. They put a lot of
pressure on me to take him to the doctor, get him on
Ritalin." She refused, but that was not the end of it.
At 10, Joshua ended up being removed from her care and
placed into a juvenile facility where he was given
psychiatric medicines, not just ADHD medications but
antidepressants, not approved by Health Canada for use in
children under 18.
For the next 18 months he was bounced around from
foster care to group homes, sometimes on as many as three
different drugs at a time.
Joshua's grandfather, George Lourie, believes the
reason for Joshua's problem behavior was not ADHD, but
diabetes. Joshua's blood sugars were out of whack, and
then he was prescribed Wellbutrin, a drug with potentially
dangerous side-effects for diabetics and children. Joshua
collapsed in a group home while he was on the drug.
Psychiatric diagnoses often lead to the prescription of
medications, never tested in or approved for use by
children. As children's bodies metabolize medication
differently than adults, these off-label prescriptions can
leave a child feeling, at best, like a zombie or at worst,
lead to suicide.
Using data received from IMS Health Canada, an agency
that tracks the use of prescription medications, W-FIVE
discovered that in 2006, over one million prescriptions
for ADHD medications, drugs like Ritalin, Adderall and
Concerta, were written for children under the age of 18.
And there were over 300,000 prescriptions filled for
anti-depressants (SSRIs). Some people are increasingly
worried about the sheer volume of these prescriptions.
Marty McKay, a psychologist who has treated and
assessed children for over 30 years, believes that "Ninety
per cent of children diagnosed as ADHD are misdiagnosed
and drugged for no appropriate reason." She points the
finger of misdiagnosis at the school system and the
psychiatric industry.
Teachers, she believes, are not qualified to make these
diagnoses, but do so regularly. They are in fact being
asked to assess children through the use of psychiatric
rating scales in which they check off behaviors. Check
off too many behaviours and it can lead to a child being
diagnosed as ADHD. The next step is to refer a child for
psychological assessment, which McKay says, generally just
rubber-stamps a teacher's diagnosis.
Ask Joshua Lourie who should take the blame and he will
tell you it's the doctors and the psychiatrists who
prescribe all that medication.
Dr. Sandra Fisman of the Ontario Psychiatric
Association, surprisingly, doesn't disagree with Joshua's
point of view. She says, "There is a fashion around the
diagnosis of ADHD." In blaming careless diagnosis, Fisman
explains, " What we may be looking at is a core group who
actually have the disorder and then a halo around that."
She believes it is a problem that the "halo", those who do
not have the disorder, are diagnosed and in many cases
medicated.
Addendum: For a comic reply,
listen to Michael
Savage in this YouTube audio-only recording.
Sally Clark R.I.P.
March 17, 2007
The following paragraphs are from the Sally Clark home page,
where you can read the whole story.
Sally Clark 1965-2007
Sally Clark - victim of a miscarriage of justice
Sally Clark - Friday 16th March 2007
It is with the very greatest sadness that Sally Clark's
family announces that Sally was found dead at her home this
morning, having passed away during the night.
The matter is in the hands of the coroner and it is too
early to provide any further information. Sally's family
very much hopes that the media will refrain from making any
enquiries or attempts to contact them at this painful time.
Sally, aged 42, was released in 2003 having been
wrongfully imprisoned for more than 3 years, falsely accused
of the murder of her two sons. Sadly, she never fully
recovered from the effects of this appalling miscarriage of
justice.
Sally, a qualified solicitor, was a loving and talented
wife, mother, daughter and friend. She will be greatly
missed by all who knew her.
Girl Battered in Foster Home
March 17, 2007
A Tehachapi California toddler, Savannah, had an
accident at home and went to a foster home for
"protection". There she was really abused. When the
girl was returned to grandmother Cynthia Miller, mother
Heather Yeck got to see the damage. In the story Toddler Physically
Abused watch the video — it may disappear
from the web in a few days.
Bargain Hunters:
Buy two babies, get 25% off!
March 17, 2007
Here is another case of babies sold for cash, with
published prices, this time Samoans sold to Americans.
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Saturday, 17 Mar 2007
Samoa rocked by adoption scandal
The tiny Pacific nation of Samoa has been embroiled in
an adoption scandal, with families in the United States
paying thousands of dollars to adopt children who were not
orphans.
Five people are being prosecuted by US authorities and
two others are being sought for their part in a scandal
that saw 81 children given to families in America without
the full understanding of their biological parents.
It is alleged the adoption agency Focus on Children
knowingly brought children into the US under false
premises between March 2002 and June 2005.
Melodie Rydalch from the US Attorney in Utah said Focus
on Children allegedly had American parents pay $US13,000
($NZ19,000) to adopt a Samoan child, although there was a
discount for adopting two children, which cost $US20,000.
She said parents of the children in Samoa and the United
States were both victims of the alleged con.
"The Samoan families (allegedly) thought that their
children were being put into a programme, that they would
receive letters, they would receive visits, they would
stay in touch with the children and that when the children
reached 18, that they would return to Samoa having had a
good education and would then be able to take good care of
the Samoan parents.
"On the other side, the American families thought they
were orphans or that they had been relinquished by their
parents and that it was a permanent adoption. Both sets
of parents are victims, it is alleged," Rydalch said.
"Some of them were newborn and some of them were
teenagers," she said.
The managers of the scheme, Scott and Karen Banks, as
well as three other people Karalee Thornock, Coleen
Bartlett and Dan Wakefield have been freed on conditions
in the United States but are facing penalties as high as
20 years in jail and a $US500,000 fine.
Two other people involved who are in Samoa, Tagaloa
Ieti and Julie Tuiletufuga, are being sought by US
authorities.
Rydalch said no matter what the outcome of the
prosecutions, the fate of the 81 children living in the
United States would be determined by civil actions, which
could take years.
"We have been encouraging communication between the two
families," she said.
The prime minister of Samoa in a media statement said
US officials had met with his government.
Prime Minister Tuilaepa Lupesoliai Sailele
Malielegaoi's office said the country would be conducting
its own investigation into the adoption scheme.
"To date, Samoa has not received any written request
from the United States of America for the extradition of
the two Samoa citizens who have been charged in the state
of Utah. If such a request is received, Samoa will
consider what assistance, if any, it can provide," he
said.
Australia's Department of Foreign Affairs and Trade was
unable to immediately say whether any Australian families
also had attempted to adopt children through the scheme.
A trial date for the hearing into those allegedly
involved in the scheme is expected to be set early April.
Norris Returns to Internet
March 16, 2007
An advertisement in the Kingston Whig-Standard has
alerted us that Cathy Norris is back on the internet with a
new site, this time with real names for all parties. The
ad, already gone from the web, is:
NEW - MISSING CHILD 13 year old Cole Norris Please
contact these two web sites for more information
casinternment2.com
cas911.ifrance.com
- 3/12/2007 - ID 9562015 / 10569566
International Child Abuse
March 16, 2007
In case you think Canadian child protection could not
get any worse, it can. Check out this thirteen minute
video titled if Americans knew. Five women
— Palestinian, American, Muslim, Christian, and
Jewish — tell stories of humiliation and
harassment by Israeli border guards and airport security
officials.
Foster Care on CHUO
March 16, 2007
John Dunn and Jessie McVicar
appear on this CHUO (Ottawa) program (mp3). Both
discuss their frustration in efforts to reform CAS, and John
Dunn recounts his efforts to get the records of his own
years in care. He also tried unsuccessfully to become a
member of Ottawa CAS, and to get a list of existing members.
Interspersed through the program are words and songs
reminiscing Mother Jones, an American socialist of a century
ago.
Boys Escape CAS
March 15, 2007
Here is another Hamilton CAS story that doesn't add up.
Two boys have been missing for three months, yet there
have been no police alerts, and no news other than
this solitary item. No one seems serious about looking
for them. Maybe they agree with us, that the boys are
safer outside of CAS control.
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CCAS looking for missing boys
Mar, 15 2007 - 11:40 AM
HAMILTON (AM900 CHML) - Hamilton Police and the
Catholic Children's Aid Society are looking for help
finding a pair of missing boys.
14-year-old Mark Gartner and Steven Walker, also 14,
were last seen in mid December.
The 2 don't know each other but officials say they
disappeared at about the same time.
Gartner, who is dark skinned, 5'9", 150 pounds with
brown hair and brown eyes, had been at a foster home in
Hamilton for the last year.
Walker, is white, 5'2", 145 pounds with short curly
brown hair and blue eyes and had only been at a foster
home in Grimsby for less than a week when he vanished.
— Jay McQueen
Addendum: The Hamilton Spectator
printed pictures of the missing boys on March 16, with
wording suggesting one or both were crown wards. Also
below, CHML reports one of the boys was found in a place the
cops did not suspect for three months — with his mom
and dad. In a move out of Alice in Wonderland he
can now be saved from his parents.
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Missing boy turns up
Mar, 16 2007 - 11:10 AM
HAMILTON (AM900 CHML) - One of 2 boys in the care of
the Catholic Children's Aid Society who have been missing
since December has been found.
14-year-old Steven Walker was found at the home of his
biological parents on St. Matthews Drive yesterday
afternoon.
Walker had been in a new foster home in Grimsby for
less than week when he vanished in mid December.
Police say his biological father was arrested yesterday
afternoon on another matter.
— Jay McQueen
Erroneous Expert Can Be Sued
March 15, 2007
Dr Charles Smith, previously excused from civil liability
by a court decision, can be sued for his erroneous
evidence leading the incarceration of a mother accused of
killing her own child.
Louise Reynolds spent two years in jail and lost a child
to adoption on account of Smith's evidence. Children's aid
societies currently employ expert witnesses known to favor
CAS over families in almost all cases. Full permission to
sue for false testimony in child protection cases could curb
many of these abuses.
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Top Ontario court grants wrongly accused
woman right to sue pathologist
Tobi Cohen, The Canadian Press, Wednesday, March 14,
2007
CREDIT: Global National
Louise Reynolds
TORONTO -- The Ontario Court of Appeal has paved the
way for a woman who was wrongly jailed for her
daughter’s death to sue the pathologist whose allegedly
shoddy work sent her to jail.
Former Kingston, Ont., resident Louise Reynolds
appeared before the province’s highest court last month
to seek the right to sue Dr. Charles Smith.
A forensic pathologist at Toronto’s Hospital for Sick
Children at the time, Smith initially determined
Reynolds’s seven-year-old daughter Sharon died of
multiple stab wounds in 1997, but a later autopsy
concluded the girl had been mauled by a pit bull.
A lower court denied Reynolds the right to sue Smith
because he was protected by witness immunity, but a
three-judge Ontario Court of Appeal panel decided that
decision should be up to a trial judge.
“Essentially they decided that Dr. Smith, the claim
for witness immunity that he wanted to make, couldn’t be
brought at this stage,” said Peter Wardle, a lawyer for
Reynolds.
“He would have to wait until there was a trial in
which the judge would have all the facts and would be albe
to make a decision based on those facts.”
The high court also agreed with the defence’s claim
that the problems pertained more to what they called
Smith’s “negligent” and “deeply flawed” role as
pathologist than to his testimony as a Crown witness at
her preliminary hearing.
“The claim that Louise was making was one that was
not about his testimony, but was about his role in
investigating a suspicious death which we think is a
pretty key conclusion,” Wardle said.
“We think it’s going to make it very difficult for
him again to make this argument in a lawsuit.”
Wardle said the decision could open the door “a
little wider” for others who have been wrongly accused
and want to hold pathologists and other experts
accountable before the courts.
“Certainly the Court of Appeal was very encouraging
in terms of how they dealt with our theory and our causes
of action against Dr. Smith,” he said.
Some 44 of Smith’s cases, some dating back to the
early 1990s, are currently under review by Ontario’s
chief coroner to determine if his conclusions can be
supported.
More Drugged Kids on TV
March 15, 2007
We have received a report (not on the CTV website) that
the TV program W-five will air a piece on the drugging of
children on Saturday March 17 at 7pm.
Foster Boy Speaks
March 14, 2007
Today we feature two video interviews, one of a foster
child, the other of his mother. The videos come from the
moderated website liveleak.com. The parties are only named as child
Justin, mother Theresa and foster family the Greens. The
protection agency is the Safe Children Coalition, operating
in Florida, and the second interview mentions last year's
video at the Pinellas County Courthouse by Greg Pound. We believe Mr
Pound is the interviewer here as well.
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11-yr-old Child Gives Details of Abuse By
Foster Parents
WARNING! GRAPHIC PICTURES OF CHILD ABUSE!
Eleven year old boy burned with cigarettes by DCF
foster parents, beaten unmercifully by other kids in the
foster home, all because he would not break into a
person's house and steal for the foster parents. Child is
tortured by being stabbed with pencils and burnt with a
lighter while handcuffed. DCF Case managers were
notified, but ignored the child's pleas for help. Child
had a black eye, numerous injuries, was completely
emaciated with his rib cage showing, yet DCF does nothing
to the foster parents. The Foster mother was taking
pills, smoking dope and usually passed out while the child
was being abused, all for three long years with no
intervention by DCF. The Mother of the abused child lost
her 3 daughters and son because her husband died and she
was vunerable to the DCF and the "Safe Children
Coalition", as she had no funds to fight back. The "Safe
Children Coalition" said her home wasn't big enough, even
though she had a 5 bedroom home available. No charges
were ever brought against her, but they took her kids
anyway. The "Safe Children Coalition" takes children from
Christian families and puts them in unsafe locations so
that they can continue to be funded by your tax dollars.
The "Safe Children Coalition" only takes children from
poor people, as they do not have the money to fight back
against the system.
link to
Justin's interview
11-yr-old Child Gives Details of Abuse By
Foster Parents (part 2)
Part Two - Interview with Justin's Mother: Eleven year
old boy burned with cigarettes by DCF foster parents,
beaten unmercifully by other kids in the foster home, all
because he would not break into a person's house and steal
for the foster parents. Child is tortured by being
stabbed with pencils and burnt with a lighter while
handcuffed. DCF Case managers were notified, but ignored
the child's pleas for help. Child had a black eye,
numerous injuries, was completely emaciated with his rib
cage showing, yet DCF does nothing to the foster parents.
The Foster mother was taking pills, smoking dope and
usually passed out while the child was being abused, all
for three long years with no intervention by DCF. The
Mother of the abused child lost her 3 daughters and son
because her husband died and she was vunerable to the DCF
and the "Safe Children Coalition", as she had no funds to
fight back. The "Safe Children Coalition" said her home
wasn't big enough, even though she had a 5 bedroom home
available. No charges were ever brought against her, but
they took her kids anyway. The "Safe Children Coalition"
takes children from Christian families and puts them in
unsafe locations so that they can continue to be funded by
your tax dollars. The "Safe Children Coalition" only
takes children from poor people, as they do not have the
money to fight back against the system.
link to
Theresa's interview
Dubious Story
March 14, 2007
We usually ignore planted stories glorifying children
aid workers, but this one does not add up. A mother was
arrested for trying to kill her child. Mothers have
been known to harm their own children, but how many do
it with hostile witnesses in the room? Could it be that
the CAS workers exaggerated the actions for effect?
After all, the article says the child was not seriously
hurt. We will never know, because there are no names in
the story, making it impossible to verify the facts.
Another day, another deceit.
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CTV.ca, March 13, 2007
The apartment building in Hamilton, Ont. where the
stabbing occurred.
Hamilton mother tried to stab toddler:
police
toronto.ctv.ca
A Hamilton, Ont. mother is facing attempted murder
charges after she tried to stab her eight-month-old baby
girl, police say.
Emergency officials were called to an apartment
building on Sandford Avenue North late Tuesday morning
after receiving a 911 call from Children's Aid Workers who
witnessed the alleged attempting stabbing.
"They found a child in distress; the child appeared to
be suffering from stab wounds," Sgt. Michael Webber told
reporters.
The toddler was rushed to hospital in serious
condition, but police later said she suffered only
superficial wounds.
Police guard the crime scene on Tuesday.
'They found a child in distress; the child appeared
to be suffering from stab wounds,' Sgt. Michael
Webber told reporters.
Police said the infant is doing well, but will be kept
overnight as a precautionary measure.
Another child in the household was taken into the care
of the Children's Aid Society.
A 28-year-old mother was arrested and charged at the
scene. Her name is not being released because the case
involves the CAS.
News of the attack shocked neighbours.
"I heard about the baby and it's ignorant," said one
man. "I don't know what else to say. It's just
disgusting."
Residents were relieved to hear the toddler was not
seriously hurt in the incident.
The Hamilton police child abuse unit is continuing to
investigate.
Webber said the involvement of the aid workers is also
being reviewed.
With a report from CTV's Jim Junkin and files from The
Canadian Press
Addendum: An investigator
checked the hospital (McMaster) that takes care of injured
children in Hamilton. They had no admissions on March 13.
The same investigator found that the police filed no charges
similar to those in the story. Below is another story from
the National Post. It mentions that the mother is a deaf
mute, and that she was questioned by the police. There is
no mention of the technology used in the questioning.
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Mom arrested in alleged baby stabbing
Wednesday, March 14, 2007
HAMILTON - A 28-year-old Hamilton woman was charged
Tuesday with the attempted murder of her infant daughter
during a visit supervised by a worker from the Children's
Aid Society of Hamilton.
Police were called after reports the eight-month-old
girl had been stabbed by her mother, who is a deaf mute.
The infant's injuries aren't life-threatening and she's
expected to be released from hospital today.
Hamilton police Staff Sgt. Dave Beech said the injury
is a "cut" from a "sharp object."
Although the child's injuries aren't severe, police
laid the attempted murder charge after questioning the
woman.
"You have to be able to show there was intent (to kill)
to lay an attempted murder charge," Beach said. "We
believe there was in this case."
Police won't say why the girl and her three-year-old
brother, who was also at the supervised visit, were taken
by Children's Aid before Tuesday's visit.
Police declined to identify the infant or her mother,
who is expected to appear in court today.
Addendum: A follow-up nearly eight months later
that is probably the same incident. This time they make it look like the
misbehavior is the result of the mother's experiences herself in the care of
CAS as a child. The press, and apparently the prosecutor, have backed off
the contention that there was an attempted killing. Still no names, so we
have to believe their story.
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Deaf woman sentenced to time served and a day
Assault on infant daughter blamed on dysfunctional
upbringing
Barbara Brown, The Hamilton Spectator, (Nov 3, 2007)
A deaf woman was so overwhelmed and anxious about getting her children
back from the Hamilton Children's Aid Society that she did the
unthinkable.
While a child-protection worker and sign language interpreter sat in
the next room, the 28-year-old mother carried her eight-month-old daughter
into the kitchen, picked up a knife and made a small incision in the
baby's chest.
The cut drew an alarming amount of blood and brought the screaming
child's visit with her mother to a sudden, screeching halt.
The woman was charged with attempted murder but ultimately pleaded
guilty to the lesser offence of aggravated assault.
Ontario Court Justice Marjoh Agro sentenced her yesterday to time
served plus one day in jail and placed the woman on probation for the
maximum three-year period.
Agro gave the woman enhanced credit for eight months of pretrial
custody because her hearing loss had prevented her from taking part in
rehabilitation programs.
Liza Ban, a mental health counsellor with the Canadian Hearing Society,
put together a release plan for the convicted woman and found her a place
to live in a second-level lodging home.
Defence lawyer Andrew Confente shed some light on what had driven his
client to commit such a strange, violent act against her helpless child.
He said the woman never knew her biological father and was physically
and emotionally abused as a child by a mother, who suffered with
schizophrenia compounded by alcoholism.
His client had a brother but was the only deaf person in her family.
"She felt very lonely growing up because there was no effort on the
part of any other family member to learn sign language," said Confente.
"She was a victim of abuse by her mother and brother and by the men
brought home by her mother."
Confente said his client was, herself, apprehended by the CAS at the
age of 12 and lived in a series of foster homes from 1979 to 1998. During
this time, she was exposed to drugs and started smoking marijuana.
While a ward of the society, she achieved a Grade 11 education at E.C.
Drury School for the Deaf in Milton.
At 19, she was living on the street and using crack cocaine. During
this time in her life she resorted to prostitution to support her drug
habit.
Confente said his client was married briefly and had two children from
that relationship.
But dysfunctional upbringing had left an indelible mark on her psyche.
In 2004, she was diagnosed with a mood disorder with features of
depression and schizophrenia.
At the time of the knife incident, her four-year-old son had been in
CAS care for more than a year and his younger sister from her birth.
The mother struggled to pull her life together and improve herself.
She found an apartment, took parenting courses and was slowly working with
CAS social workers toward a goal of gaining custody of children.
Still, at the time she harmed her child, the mother had not been taking
her mood disorder medication for about six months.
Confente said his client loved her children, but worried about her
ability to measure up to the standards of parenting expected by the
society.
"Her response was that she felt overwhelmed by the CAS's expectations
and the standard of care that would be required of her."
"She made it clear she had no intention of killing the child. And it
was in fact a superficial injury."
Assistant Crown attorney Kevin McKenna urged the judge to impose a
further eight months in jail in addition to time already served.
He argued there would be days ahead when the woman would feel anxious
and overwhelmed and it had to be brought home to her that violence was not
an acceptable recourse.
bbrown@thespec.com, 905-526-3494
earlier news
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