Children's Aid News August

Homeschooling Abuse

October 19, 2007

Anita Nicoli watched her daughter get involved in altercations with other students, culminating in a death threat against the girl. What was the mother doing when she removed her children from school in favor of homeschooling? Child abuse! Social workers intervened in the family, and without assistance, they would have taken the children back to school, and possibly taken them away from their parents. Only the intervention of the HSLDA gave this family a chance to stay together.

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BRAVE NEW SCHOOLS
Mom accused of neglect for teaching own kids
Describes litany of harassment, intimidation at public district
Posted: Tuesday, October 16, 2007 1:00 a.m. Eastern

Moberly Missouri Middle School

A Missouri public school is pursuing a complaint against a mother for withdrawing her son and daughter from the school and teaching them at home, after an apparent threat to the daughter's life at the school.
The case involves Moberly, Mo., mother Anita Nicoli, who withdrew her daughter and a son from Moberly Middle School recently after what she has described as a two-year campaign of intimidation by other students.
The breaking point came when another student, who allegedly had harassed and assaulted her daughter, drew a picture of herself holding a gun and pointing it directly at Nicoli's daughter. The picture was passed around among students, she said.
But she now has been cited in a complaint filed by the school after she withdrew two of her children.
Multiple telephone messages left with officials at the school district were not returned. But Nicoli told WND that she is accused of "educational neglect" by social services, based on a complaint from the school.
The incident that she perceived as a threat was especially egregious, she told WND, because the student who drew the picture showed it to her daughter, and then other students saw it as well. One student told a teacher, who took the picture. But Nicoli said when she found out and wanted a copy of the offending picture to pursue a complaint, the school told her it had been lost.
In Nicoli's encounter with school officials in Moberly, she said her children had been subjected to harassment and badgering at the school for several years. She cited incidents of being slapped, bullied, kicked and butted, as well as threatened. Her son was shoved into a metal bar. Another time a student used a seat belt buckle on the school bus to hit him.
The last situation with her daughter happened when the other student hit her daughter in the face with a locker door, leaving a bruise on her check. Then the other student slapped her daughter, punched her, and threatened to "kick" her.
The attacker then drew the picture and showed it to Nicoli's daughter before it was taken by the teacher, she said.
Discussions with school administrators led nowhere, so she notified the school of her homeschool plans and went forward.
"Three days after I pulled my kids out, the school apparently wrote a letter to juvenile authorities [with a complaint]," she told WND. She was notified by juvenile authorities and went in to talk with them.
The complaint letter, filed by a counselor at the school, essentially said, "I couldn't adequately teach," Nicholi said. But she said juvenile authorities would not let her touch, or even see the letter, instead reading from it to her.
"There are no legal grounds [for the complaints]," she said. "But I still have to prove I'm not guilty of educational neglect."
She is being helped by the Home School Legal Defense Association, which advocates for the rights of homeschoolers.
"They're lashing out because they didn't want to deal with the reason for this – what they were not doing for my children," Nicoli said. "I told them, 'My children have a right to a safe and proper education, and you're not doing it so I'm pulling them out.'"
Her previous complaints about such treatment generally was met with the response that "There were no witnesses," or "The witnesses don't agree," Nicoli said. She said police were never notified of the incidents, and many times she wasn't even told until her son or daughter told her.
"One vice principal accused my daughter of putting marks on herself," Nicoli said.
She said officials accused her of being irrational after withdrawing her two older children from the Moberly Middle School, but she pointed out that left her younger son in public school classes, where he seems to be thriving at a different location, she said.
Source: WorldNetDaily.com
material relating to other familied omitted by Dufferin VOCA

Bomb Threat Empties Family Court

October 18, 2007

Family court in Orangeville was emptied on Wednesday (Oct 17) by a bomb threat. No word on who called in the threat. Was it an unhappy parent? Or maybe a social worker needing to keep a child for a few more days?

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Orangeville Citizen, October 18, 2007
Bomb threat empties courthouse for 4 hours
By LAVINIA KERR Staff Reporter

[click on image for more detail]
Photo/WES KELLER
FAMILY COURT IN PARKING LOT? It's not known what, if any, business of the court was conducted, but persons scheduled for Wednesday's Orangeville Family Court were summoned to this area of the parking lot when the courthouse was cleared over a bomb threat.

A bomb threat led to the evacuation of the Dufferin County courthouse Wednesday, with staff of the county and the Ontario Superior and provincial courts left standing outside the building for nearly four hours.
When the evacuation order came, at about 9:30 a.m., everyone in the building on Zina Street was ordered to leave immediately and muster in the Elizabeth Street parking lot.
Everyone contacted, including Crown Attorney Mary Ellen Cullen, said they were forbidden to speak to the press, including even to say who had given that direction. Even a simple question such as "how many courts were in session?" was answered with a "no comment". A court clerk refused to confirm whether her court had been in session, which normally begins at 9 a.m.
Constable Al Buck, spokesperson for Dufferin OPP detachment, showed up for a scheduled 10 a.m. court case and did confirm that it was a bomb threat they were dealing with, but found himself waiting outside with the crowd.
Scott Davis, media relations officer for Orangeville Police, said police had no reason to believe the bomb threat was real but no chances were being taken.
Two hours after the evacuation, local police were still waiting for the arrival of the OPP's bomb disposal unit and eventually the streets in the vicinity of the courthouse were blocked to traffic.
An unspecified number of prisoners awaiting a court appearance were transported to the Orangeville Police station lock up.
It appeared the all-clear had been given by about 1:30 p.m., when the roadblocks were removed, and by then the crowd had dispersed.
All court cases were cancelled for the day and court was to resume at 8:30 a.m., today (Thursday).
No other details about the bomb threat were available at press time.
Source: Orangeville Citizen

Addendum: Police have arrested Tracy Ellen Booth for the false bomb threat, without disclosing any facts, such as a motive.

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Arrest made in bomb threat Arrest made in bomb threat
Friday October 26 2007
RICHARD VIVIAN
An Orangeville woman faces four charges after allegedly threatening to "blow up" the courthouse last week. The suspect was arrested Tuesday -- six days after the threat was received.
"It's a rare occurrence in our community. Hopefully this puts it to rest for now," Orangeville Police Service acting-chief Mike Robinson says of the bomb threat. "It was basically a voice identification made by members of our service that led us to the suspect."
"I'm glad to hear that," Dufferin County warden John Oosterhof remarked when told of the arrest.
The courthouse and attached Dufferin County office were evacuated at about 9:30 a.m. Oct. 17, after a bomb threat was called in to the police station. Roads around the building were blocked off and four explosives-sniffing canine units were brought in to check the building.
No harmful materials were found and the building was declared safe for reentry shortly after 1 p.m., though county officials decided to keep it closed for the remainder of the day.
"It was basically a wasted day.... It ruined the day," Oosterhof says, suggesting it was also an expensive day because of lost productivity and wages that had to be paid. "It had quite an impact on the county, as well as on the judicial system."
Matters slated for court that day were rescheduled in front of a justice of the peace in an Elizabeth Street parking lot across from the courthouse. County business also had to be shuffled to alternative days.
"The threat was a hoax," notes Davis, who declined to comment on a motive. "We don't want to go into the evidence."
The suspect was arrested at about 3 p.m., when an unmarked police cruiser pulled over the van she was driving at the intersection of Mill and Little York streets. Police took the woman into custody without incident and transported her to the police station in a regular cruiser.
Tracy Ellen Booth, 36, is charged with mischief, pubic mischief, conveying a false message and failing to comply with a court order. She was held in custody until Wednesday afternoon, at which time the courts released her on bail.
Source: Orangeville Banner

British Fetus Damned

October 18, 2007

An English woman, Fran Lyon, will lose her baby within 30 minutes of birth, because of problems she had as a teenager. In the article below you can see a picture of what, in the eyes of child protectors, looks like a blood-thirsty mother with her daughter already bulging in her belly. The statement "a domestic incident in July led to the involvement of social services" means that the mother may already have been the target of a shotgun divorce.

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I won't hurt my baby' says woman who fears social workers will seize her newborn
The woman who won't be allowed to keep her baby - just in case she harms it
By STEVE DOUGHTY and PAUL SIMS - Last updated at 20:08pm on 18th October 2007
A mother-to-be faces losing her baby within minutes of its birth because social workers fear she will harm the child.
Fran Lyon, 22, has been told she cannot be trusted with a newborn because she is likely to suffer from Munchausen's syndrome by proxy.
The condition is said to lead mothers to seek attention by harming their child or claiming it is ill.

Cry for help: Fran Lyon insists she will not hurt her child

Miss Lyon insisted yesterday that the mental health problems she had as a teenager were behind her. She also appealed for a place in a mother and baby unit so that she could look after her child under supervision.
"I would be happy to stay for as long as it takes," she said. "At the end of the day I have nothing to hide so why would I have a problem going? I know there is nothing wrong.
"I'm not depressed, although I have every right to be. I'm not struggling to cope."
Miss Lyon's child - a girl to be called Molly - is due in January.
"I know I wouldn't hurt her," she said. "I would quite happily have 24-hour supervision with a perfect stranger sat with me watching my every move.
"All I want is a chance to be Molly's mum."
Social workers told Miss Lyon last week that her child will be taken from her within 30 minutes of birth.
Munchausen's has been at the heart of a series of miscarriages of justice.
Sir Roy Meadow, a discredited paediatrician who helped develop theories about the condition, was responsible for evidence that led to the wrongful convictions of Angela Cannings and Sally Clark for murdering their children. Miss Clark died earlier this year, after, friends said, turning to alcohol following her release from prison.
Miss Lyon, from Hexham in Northumberland, started self-harming at the age of 15 and has been treated at psychiatric hospitals for borderline personality disorder.
She said a domestic incident in July led to the involvement of social services who became concerned by her pregnancy.
"I told them that I had mental health problems when I was a lot younger and that I had since moved on and now had a normal life," said Miss Lyon.
"I assumed that would be the end of it but the next thing I know they were going to a child protection conference.
"I am living with this constant notion that someone might walk into the delivery suite and take my baby away."
Her case has been taken up by Lib-Democrat MP John Hemming who has been campaigning against adoption of babies.
"The whole family court system, because of the secrecy which surrounds it, is vulnerable to bad practice," he said.
"Social workers are under pressure not to lose cases."
Family courts set up adoption orders and make decisions about children thought to be at risk. The evidence and the reasoning behind rulings are rarely made public.
A spokesman for Northumberland County Council said: "Legally we are unable to comment on the detail of individual cases.
"We can say that such cases can be very complex and involve a lot of information and various concerns relating to the safety of a child."
Dr Stella Newrith, a psychiatrist who has treated Miss Lyon, said she had made a significant recovery.
In a letter to Northumberland Council, she stated: "There has never been any clinical evidence to suggest Fran would put herself or others at risk and there is certainly no evidence to suggest she would put a child at risk of emotional, physical or sexual harm."
• Munchausen's syndrome by proxy was identified in the 1970s by paediatrician Sir Roy Meadow. It can take the form of fabricated illness where a parent claims a child is ill by making up symptoms.
In a more vicious form, illness is actually induced, with the parent inflicting harm on the child.
Professor Meadow's research at the University of Leeds cited a case of a woman who poisoned her child with salt and that of another mother who tampered with blood samples to make her child seem ill.
The theory became increasingly influential and in 1993 the professor's evidence helped convict nurse Beverley Allitt of the murders of four children.
But the Angela Cannings and Sally Clark miscarriages of justice wrecked Professor Meadow's reputation because he had been an expert witness. Some now question whether Munchausen's exists.
Source: Daily Mail

Adults Fear Kids

October 18, 2007

A survey in Scotland shows nearly half of adults avoid volunteer work with kids out of fear of the pedophile label. Though only briefly mentioned in the article, men are more likely to be targets of accusations than women. For a tragic outcome, refer to the case of Abby Rae. The result is that professional care of young children is now an almost exclusively female occupation. This in spite of the fact that every measurement shows that women are more prone to abuse children than men.

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BBC NEWS, Last Updated: Tuesday, 16 October 2007, 12:26 GMT 13:26 UK
Adults 'too afraid' of youth work
Adults are often too scared to work with young people for fear of being branded a paedophile, according to a new report.
A survey by Scotland's Commissioner for Children and Young People revealed that the fear of being accused of harming young people was the main deterrent.
Kathleen Marshall's study found a shortage of adults prepared to take work roles and volunteering posts.
More than 1,100 people took part in the detailed survey.
Some 48% of adults surveyed said fear of being falsely accused of causing harm was a barrier to contact with children and young people.
This same fear also made adults much less likely to help when they saw a young person in danger or distress.
The report also revealed that adults who work with young people in structured environments tend to have positive attitudes towards them, and enjoy seeing children and young people develop through their involvement. However, people reported much more negative attitudes to meeting young people in informal groups, especially in large groups on the street.
According to the report, fear was largely fuelled by media reporting rather than people's personal knowledge of young people.
Other concerns included fear of young people themselves, and concerns about bureaucracy and the culture of litigation.
Women are almost twice as likely to have formal contact with children and young people, either as a volunteer or through work, the survey showed.
'Social behaviour'
Men in particular reported being afraid of being falsely accused of being a paedophile which they described as "the worst thing imaginable".
Men are also disproportionately less likely to approach a lost child and try to help.
Ms Marshall said: "Young people consistently tell us they want safe and fun things to do and that anti-social behaviour is a result of a shortage of opportunities for 'social behaviour'.
"The activities they want to take part in need adults to volunteer and support them and this report shows exactly why that isn't happening.
"We need to help bridge the divide between the generations and establish a framework for attractive activities that are stimulating, safe and fun for all involved.
"I hope this report will start a full public debate about how that should be done, and everyone who has ever worked with young people or considered doing so has something to contribute to that debate, as do Scotland's young people themselves."
Potential volunteers
George Thomson, chief executive of Volunteer Development Scotland, said that potential volunteers needed greater support.
He added: "We must now have the conviction and courage to overcome the challenges and find ways to take up the offer of voluntary help from adults in a way that benefits everyone."
John Loughton, chair of Scottish Youth Parliament, said that both adults and young people should feel safe, without "wrapping either of them in cotton wool".
A Scottish Government spokesman said: "We understand that some people are put off by checks - that's why we are simplifying it to cut down on multiple checks."
He said a new system would be in place in 2009.
Source: BBC

Mercenary Parents

October 18, 2007

During the last month, American newspapers have printed dozens of articles presenting the view that the pay of foster parents is inadequate. Someone, we don't know who, is pushing a campaign for more pay. Former foster parent Mary Callahan writes a response in the Los Angeles Times.

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From the Los Angeles Times
Mercenary motherhood
A foster mom has second thoughts about parenting for pay.
By Mary Callahan, October 16, 2007
It may seem like a no-brainer to say that foster parents should be well paid. They are good people doing the hard work of raising someone else's kids. Right?
Fifteen years ago, I was one of those people. I took good care of the kids who had been placed in my home after being removed from their birth families for various reasons -- usually neglect: once because of a severe spanking, another time for "rough handling on the way to the car" when a child was suspended from school. But I also shopped around for the foster-care agency that paid the best, and I took the harder-to-place kids for the same reason.
I justified my pay by saying it was just like my other profession, nursing. I enjoyed taking care of patients, did a good job, but I still expected a paycheck. It took one particular foster child to show me the big difference between nursing and foster parenting.
I don't say "I love you" to my patients.
Michael moved in with me at 9 and at first just enjoyed the benefits of my financial status. He settled in, began to trust me and believed me when I said he was a great kid and I was proud to be his mother -- if only temporarily. Kids in foster care need love, acceptance and affirmation even more than our own kids do. But try convincing them you were sincere when they find out how much you were paid for your parental love. They don't stay 9 forever. Some foster children stay with a family for years, and eventually they are old enough to question where the money for the vacations and the second car came from.
I'll never forget the look on Michael's face when he returned from a visit with his mother and asked me, "Did you, like, inherit money or something? 'Cause my mom works all the time and she only has two pairs of shoes. You hardly work and you have about 100."
I didn't have 100 pairs of shoes, but I was well paid for raising him, while his mother would have paid anything to have the opportunity. But she had nothing to pay. She had lost her kids when, at 18, she called the state for help after her husband deserted her. She had no family to fall back on, as she was a former foster child herself. Her poverty cost her the right to raise her own kids.
It seemed wrong to Michael because it was wrong. Money can put blinders on you, but since I took mine off and adopted my last two foster kids, I can see many reasons why it is wrong to pay foster parents too much.

It creates a disincentive to adopt.

It creates a conflict of interest when a foster parent has to report on how family visits are going.

It makes kids look down on their own families.

It attracts people who don't even like kids.

Worst of all, it deals a blow to the child's self-esteem when he learns someone had to be well paid to love him.

Some foster parents are now complaining that they are not paid enough. A coalition of advocates for foster families in California, for example, has filed a federal suit alleging that what the state pays is less than what it costs to board a dog in a kennel. At first glance it seems that we, as a society, must care more about dogs than kids. But boarding dogs is a "for profit" business. Taking foster kids should be a calling.
California has the most foster children of any state -- 75,000 -- and about 19,000 licensed foster families. One study found that state reimbursement for care ranges from $425 a month for a 2-year-old to $597 for a 16-year-old. A state agency disputes those figures, estimating the average at $680.
I'm not saying that foster parents shouldn't be paid at all. Most are middle-class families that don't have a lot to begin with. But how can foster parents say, as some do, "I love him as if he were my own," if they are not willing to make some sacrifice?
But if there aren't enough foster parents who will do it for just a little financial help, maybe we should look back to the people who already love the child, without conditions -- the birth family. Yes, there may be cases, such as an abusive parent, in which a child cannot be returned to his or her family. But in many instances, such as Michael's, pay the birth family the amount that would be paid to foster parents to help them stay together in the first place.
And if it is still necessary to have a stable of "professional parents," such as I was, they should be labeled that. The children should know them from the very beginning -- not as foster parents but as paid parents.
Mary Callahan is author of "Memoirs of a Babystealer."
Source: Los Angeles Times

Stealing Kids from Mom and Dad

October 17, 2007

Most children taken for "protection" are picked up at school, or from single parents. Here is first-hand account of a seizure from the home of an intact family.

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Saturday, October 13, 2007
Child Protective Services? My Ass.
So, my fiancé and I took my kids out to lunch the other day, go finish getting our Halloween costumes, etc, and on the way home, my daughter starts talking about cigarettes and alcohol being drugs. We start an in depth conversation about this, and my kids mentioned that they had an interview at school that day. Of what, we ask. Did any of your classmates get interviewd? No.
So here we are, wondering what the hell is going on, and we get home, and lo and behold there is a letter on our door requesting an interview with us. I immediately call them, and get an answering machine. I leave a message, requesting that they call me. This can't be anything, they have the wrong family, right?
No, apparently they don't. Someone called CPS on me, saying they "smelled marijuana, there was animal feces, and my house was a mess". Lets break this down. I have nine animals. A dog, two ferrets, and six sugar gliders. So yes, there will be animal feces around, you can't get rid of it, and we clean out their cages quite often. It isn't strewn about, it's in controlled animal environments. Second, my house has three adults and two highly active children in it, and I am not a housekeeper, so yes, my house will always be untidy. There is no law saying that there cannot be toys strewn about, and dishes in the sink. And marijuana?? WTF?
They came to my house yesterday, as I was in the middle of laundry. I invite them in, offer coffee, tell them about my children's family life, how good we have it, show off my Wii, and brag about my children and fiancé. Everything is going well. They ask me if I'll drug test, I immediately agree, I have nothing to hide, I had told them that I hadn't smoked pot in a long, long time.
Then they told me to go wake up my fiancé's sister to take a drug test. I told them, "I'm sorry, I can't." My future sister-in-law is a cancer survivor, she's on a CPAP machine, and on many medications due to health problems. I am not waking her up, especially as she has to go to work that night. That's when things went wrong.
They start badgering me, questions, accusations, flying all around. Why won't you wake her up? She's on medication, I can't, not even a knock at the door will wake her up. Why won't you try? Did they not just hear me? Well, can we go peek in on her?
You peek in on sleeping children. You do not peek in on sleeping adults, especially ones you have never met. Peek in on her? What the hell is that? For all I know she may not even sleep clothed, why am I going to go let complete strangers look at her?
Then I tell them that no, I will not take your silly test. When my fiancé comes home, and his sister wakes up, then we will all go down and schedule an appointment for a drug test. So, they answered me with taking my children away from me, and placing them in my mom's care, after a very cursory background check. They didn't check her identification, they didn't even look at her house. Just gave her my kids. Luckily, I have one thing they didn't count upon.
My father. San Antonio police officer, who has been through CPS's lies and strong-arm tactics, and laughed in their face. He also knows my rights, and the law. And a damned good lawyer.
This is not the end of this, and someone needs to account for why my children are not happily at home, playing with pets, toys, and their friends.
Posted by XeviousTheGreat at 12:44 PM

Source: blog

Avoid Doctors

October 16, 2007

Parents of children with minor injuries used to take them for medical care on the principle of better safe than sorry. No longer. Now cautious parents have to stay away from doctors, except in cases of real injury. Here is the case of a mother who faces loss of her children for taking them to the emergency room.

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Mom Blames Hospital ER For CPS Investigation
Tue Oct 16, 7:18 AM ET
An Indianapolis mother blames Methodist Hospital for prompting a Child Protective Services investigation after her 15-year-old daughter was hurt on the soccer field last week.
Marilyn Brown told 6News' Tanya Spencer that she thought she was get the best care for her daughter, Margrette Lowe, 15, by taking her to the emergency room after she was injured at a soccer game.
Instead, Brown said her daughter got no care, sat in pain for hours and that her case was referred to CPS for possible abuse and neglect.
Lowe has a mark on her eye from the soccer collision. Brown said the athletic trainer didn't think it was too bad, but that she decided to take the girl to Methodist's ER just in case.
Brown said she and her daughter were treated rudely from the start, and that she was told the wait would be about two hours.
Brown and Lowe said they waited for more than four hours, with no one able to tell them how much longer it would be before they could be seen.
"Margrette said, 'Mommy, I just want to go home. I'm tired. I'm cold,'" Brown said. "She was still in her soccer uniform."
"At that point, I'm saying to myself, 'She's not receiving care at all.' I know there's a limited amount of time, a window that she can get stitches done, and ... now her eye is swelling. The bleeding has stopped. It's kind of sealed itself," Brown said.
Brown said she decided to take her exhausted daughter home and see her own doctor in the morning, but she couldn't believe what happened next.
"She says, 'If you take her out of here, I'm calling Child Protective Services on you," Brown said. "I'm getting ready to just absolutely break down in tears. I'm being accused of abusing my child."
Hospital officials told 6News that the ER was very busy the night Brown and Lowe were there, and that the more serious cases always move ahead of less serious ones.
Hospital officials also said that anyone who suspects abuse is required by law to report it.
"Now, I have to defend my actions, defend my lifestyle," Brown said.
A week after the incident, Brown's case is still open and a caseworker wants a home visit. Brown said the whole ordeal is embarrassing and humiliating.
Brown said she thinks hospitals need to give patients realistic wait times so they can consider other treatment options before wasting a lot of time.
A hospital representative told 6News proper protocol was followed in Brown's case.
Source: Yahoo news, citing WRTV TheIndyChannel.com.

Baby Theft in UK

October 14, 2007

The press in Britain has opened up and now routinely tells the truth about the atrocities committed by social services in the name of child protection. This is at least in part owing to activities of Fathers-4-Justice in getting family law on the political agenda.

In talking to hundreds of aggrieved Ontario families, we can say that the following elements of the Pauline Goodwin story below are routine here.

The child protector's favorite target is the single mother.
The mother approached social services voluntarily to get help, but got the opposite.
In court legally dubious evidence, such as hearsay, is permitted from social workers. The parents are not permitted to speak at all.
There is deliberate falsification in the court record. In the Goodwin case, the record says she was out drinking when she was really in the company of social workers.
The mess created by children is construed as abuse.
Parents cannot get the records in their own case.

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Independent.co.uk Online Edition:
Are over-zealous social services acting on orders to meet adoption quotas?
Pauline Goodwin's daughter was taken into care before she'd even left hospital. She says she'll fight to get her baby back
By Lena Corner, Published: 14 October 2007
When Pauline Goodwin went into hospital to give birth to a baby daughter in June 2005, two people came to see her in the delivery room: they were social workers asking her to sign the papers that would entitle them to put the baby into care. Goodwin refused.
When the baby was just three days old, Goodwin was summoned to court and instructed to leave her baby in the care of the hospital. The judge issued a care order and by the time Goodwin left the courtroom, the social services had already dropped by the hospital to collect her baby.
"They said that because the baby had never lived in a family unit, she didn't have a bond with us so it didn't matter if she was taken away," says Goodwin. "I don't know where she is now and I'm not entitled to know."
In a case that could make legal history, Goodwin plans to go to the European Court of Human Rights to prove the adoption of her daughter was fraudulent.
The irony of Goodwin's situation is that, initially, she welcomed the intervention of the social services. For 10 years she had been in an abusive marriage in which she had had five children. When the marriage collapsed, Goodwin had a breakdown. At the time, her youngest child was three months old and social services came forward offering to help.
But within a few weeks, the social workers' attitude had changed. "They started visiting two or three times a day and phoning the children's schools daily." Social workers turned up during the middle of one of the children's birthday parties and sometimes would arrive to carry out spot-checks at 10pm, shining torches into the sleeping children's faces to check it was them.
Then the threats started. One social workers said it was her aim to get the children into care. "They also said that they'd had two or three people phoning in daily to say they'd seen my kids out playing till all hours or that I had left them and gone out drinking. The stupid thing is that often I had a social worker round at the moment this was meant to be happening."
The social services claimed to have issues in three areas. First, with the state of Goodwin's house. "It was messy," she admits, "but it was just toys and clothes; it was never dirty." So Goodwin stripped the house, redecorated and bought new bunk beds for the children. "When I did that, all they said was 'Where did you get the money from?'" She was also criticised for her children's poor school attendance. "I did find it difficult to get them all up and out in the morning. I was sending them to school in a taxi and that worked fine, but the social services decided I wasn't allowed to." And third, they highlighted missed medical appointments. "I missed two dental appointments," says Goodwin, "and I refused to give my two youngest the MMR because I wanted more information."
The social services decided to push for a an interim care order and Goodwin soon found herself in court. The youngest four children were ordered into foster care for six weeks while the eldest was allowed to stay with Goodwin, "which was ridiculous because she had the worst school attendance of all". Goodwin told her children they were going on holiday and packed their bags. "Two social services cars and a police car turned up and just took them. One of the very first things they did was dish out the MMR." Two were sent to foster carers and two to their father, "a violent alcoholic who's been arrested 10 times. The court psychologists seem to think that if you're an alcoholic it doesn't affect your parenting skills." That was 2004; Goodwin has been fighting for them ever since.
"Pauline Goodwin's case is one of the more extreme examples of appalling behaviour among people in the area of public family law," says MP John Hemming, the Liberal Democrat member for Birmingham Yardley, who is chairman of the Justice for Families group and is helping fight her case. "I have great difficulty in understanding how what has been done has benefited any of these people. The mere fact that the judges resisted providing her copies of the judgment, which she needs in order to appeal [it took her over a year to get them] rings alarm bells as to whether the rule of law is in operation in Liverpool County Court."
Social services refuse to comment on individual cases, but Hemming believes Goodwin's story is part of a wider phenomenon that started seven years ago when the government decided to speed up the adoption process. A target was set to increase adoptions by 50 per cent between 2000 and 2006; the number of babies taken into care rose from 1,600 in 1995 to 2,800 10 years later, while the number of adoptions jumped from 810 in 1995 to 2,300 in 2005. This has led some to say the social services are acting to to meet quotas.
"Pauline is the tip of the iceberg," says Hemming. "Statistics suggest there are about 1,000 cases in this country where children have been wrongfully adopted. It's possibly even more than that. I know of a number of cases where all sorts of intimidation is used to discourage people from fighting back."
More worrying is the increasing number of very small babies who are being taken. "This is a disturbing trend," says Hemming. "I am aware of cases where babies are put in care because their mothers get post-natal depression. This is an evil way of working."
Goodwin is now helping other women in her situation and is part of a mounting campaign to stop unnecessary adoption. Recently, she helped organise demonstrations in Manchester, Derby and Liverpool. "There were three other mothers in the square where I lived who all had their children taken away within a matter of months," she says. "We happened to live by some malicious people, who thought it was fun to ring the social services and see the reaction. It should never have been allowed to happen."
Goodwin believes a lot of her problems have been caused by the secrecy of the family courts. "There is no jury and we're not allowed witnesses or character references. They allow hearsay from professionals but not from us, so it comes down to their word against ours." Goodwin claims to have had problems with one social worker in particular. "She's well-known in Liverpool and has been involved in various cases. I put in a formal complaint about her and she was moved."
Goodwin now gets to see her children six times a year. "We meet for an hour and a half in contact centres with social workers watching over me," she says. "I've never been accused of harming or hurting them. They say the visits are supervised in case I say anything to the children about coming home."
In the meantime, Goodwin's priority is to get her baby back. "That baby never even had the chance to come home from hospital. The social workers might have had issues with my other five children, but at that point my baby wasn't even born."
"I haven't missed a court or contact appointment and I've met every care plan they've asked for. Now they say they don't think I'll keep it up. Well, I'm proving to them that I can keep some things up, and that's this fight. I'm going to keep this up until the day I get my baby back."
Source: the Independent (UK)
pointed out by a Dufferin VOCA reader

Guy Lavigne R.I.P.

October 14, 2007

Guy Lavigne, a member of the board of directors of F4J Canada, was found dead on Friday. Our earlier statement that his death was the indirect result of family court action seems to be unjustified in light of a clarification in the addendum below. A memorial gathering is planned at Parliament Hill for October 31.

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October 13, 2007
It is in numbness I write this.
One of our long standing activists has succeeded in taking his own life after multiple attempts.
Guy Lavigne, Director on the Fathers 4 Justice board and friend passed away sometime between Thursday am and Friday am.
Many of you knew him only from these lists.
Others knew him as friend.
I will post funeral details when available.
I really don't know what more to say, I am lost.
Kris Titus

October 14, 2007
Members of Fathers 4 Justice Canada will be travelling from Toronto and surrounding areas to Ottawa ( Parliament Hill ) on Wednesday, October 31st to send the message that we do not want anymore DEAD DADS and that we want parents to be more than GHOST parents ( parents only allowed to be there in 'spirit' )
If you want to participate, contact me ASAP.
I need to know numbers so I can arrange transportation for everyone.
Other noteworthy dates - November 20th Child's Day 393 University Ave in Toronto, will other cities be participating?
Upcoming high profile actions - NOT to be announced
December 21/22 - NATIONAL - Santa Marches for family justice ( With a twist this year, we will be going directly to the Premier's home in our chapter provinces and delivering cards - more details on this to follow )
Thanks
Kris Titus
National Coordinator
Fathers 4 Justice Canada
krist@fathers-4-justice-canada.ca
1-877-F4Justice

Photos provided by Brian Jenkins.

Addendum: Here is a later email from Kris Titus clarifying the situation.

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There seems to be some confusion surrounding Guy's death.
Guy did not die because he was denied access to his children.
Guy had the opportunity, after his fight, to be an equal parent to his children over the past several years.
Guy did continue to fight for others who were denied their kids.
Guy died because of an entirely separate situation and because he did not receive the treatment and care he needed to deal with the situation.
Some upsetting e-mails have been sent and read by Guy's children and the family would like this stopped.
Because of this, they have now requested that police be present in case of a problem with any of us at the funeral.
Please word any condolence letters accordingly.
Funeral details should be released in a day or two as his body gets released tomorrow.
Thanks
Kris

Addendum: The funeral will take place on Friday, October 19.

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FUNERAL FOR GUY LAVIGNE
Family and Friends, Local Residents, Politicians and Fathers Activists to gather in Hawkesbury to pay final tribute and farewell to well known and popular Fathers Rights Activist Guy Lavigne.
Visitation/Viewing: will be held at the Funeral Home Salon Funéraire Berthiaume, 1243, rue Lansdowne in Hawkesbury, Ontario on Thursday Evening, 18th October between 7 pm to 10 pm and Friday Morning 19th October between 9 am and 10:30 am .
The Funeral/Service will be on Friday Morning at 11:00 am at the Parish Church of St-Alphonse on Main street (rue Principale -besides Tim Hortons)
Source: email from Jeremy Swanson

Kids in Bankruptcy

October 14, 2007

When a for-profit foster home chain can't pay its bills, the bankruptcy trustees scramble to find homes for dozens of children before school gets out. What children need is the love of a warm accountant.

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Children's homes hit by buyout fears
Concern at private equity's role in social services
Nick Mathiason, business correspondent, Sunday October 14, 2007
The collapse of a private equity-backed care home dealing with sexually abused and autistic children has sparked renewed concern at the advance of financial buyers into British public services.
Sedgmoor, owned by established private equity firm ECI Partners, ran 45 homes for vulnerable children. It went into administration two weeks ago.
After selling most of the care homes, administrator KPMG spent several days urgently liaising with local authorities to find places for dozens of children. Charities claimed some had nowhere to go after the school day ended.
Jack Dromey, Unite deputy general secretary, said: 'It beggars belief that the care of the vulnerable might now be put at risk by the cost-cutting which is a characteristic of private equity. Inevitably long-term care considerations will give way to short-term profit-making.'
But sources close to ECI blame its demise on a shift in government policy which saw children moved out of care homes into foster homes. The policy change has prompted a stampede of private equity firms into the foster-care sector. The venture capital firm 3i and a number of other financial buyers still run dozens more children's care homes.
Experts say private equity firms now control 30 per cent of the independent foster agency market. Last December, Sovereign Capital bought the country's second largest foster agency, NFA, and at least six big agencies have fallen to private equity players. Sources say foster businesses are keen to turn to private equity as a ready source of capital to fund rapid expansion.
The trend has sparked deep unease among children's charities, who say private equity-backed foster agencies are piling extra work on social workers and will raise charges to local authorities.
Kevin Williams, chief executive of The Adolescent and Children's Trust (Tact), the UK's largest fostering and adoption charity, said: 'This is not an issue for us about the private sector operating in foster-care. Our issue is with private equity firms, their stated aim of maximising profits for shareholders and operating for short-term gain. This is not compatible with providing long-term care for some of the most vulnerable children in society.'
Williams added that regulations governing fostering and care homes needed to be strengthened to deal with a new breed of aggressive financial buyer.
In April, Ofsted was handed responsibility for children's homes and social care. Insiders said it did not have the expertise to understand private equity's complex financial modelling and the implications it might have. Ofsted said: 'As part of the transfer of this responsibility, Ofsted employs all inspectors who were previously employed by the Commission for Social Care Inspection solely or mainly to regulate and inspect children's homes, including carrying out checks on their financial viability.'
It has emerged that Sedgmoor, which ECI bought for £13m in 2000, ran into difficulties several months ago. It leased its homes and when occupancy levels fell could not afford to pay staff or rent.
Private equity firms are also big players in the elderly care sector.
Source: Guardian (UK)

COAR Appeal

October 4, 2007

COAR has received enough positive response to its last message to seriously explore the possibility of an appeal. They now have a fund appeal. For those of our readers who have not been driven to penury by family courts this is a chance to act.

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A Bulletin from the Coalition for Open Adoption Records
October 4, 2007
PLEASE DO NOT CLICK "REPLY" TO THIS EMAIL. Write to wrowney@rogers.com.
Dear Friends,
Decision to Appeal with the Government
We have read your responses to our last bulletin asking you how we should proceed. It is clear that the adoption community is angry and upset over the judge's decision to shut down the Adoption Information Disclosure Act (AIDA).
Most people want us to intervene if the next Government of Ontario appeals the judge's decision to the Supreme Court of Ontario. We agree. People want our community to be represented by our community. We must demonstrate to the judge, the government, and the wider community that the adoption community cares about the outcome of this hearing.
Pledges Required
To do this, we again have to ask for pledges to pay our legal costs. We need to approach our lawyer in the next week so please send your pledge in the next few days. During the last pledge drive most people donated between $50 and $500 and we raised almost $14 000. We hope that you will be as generous today.
When we accumulate enough pledges we will go back to our lawyers and ask them if they and their firm will continue to represent us. Please pledge an amount, and we will contact you later after we are certain that our lawyers can go ahead.
Send your pledge to: Wendy Rowney at wrowney@rogers.com. Please include this information:
    I ___________________ pledge $ ____________ to The
     (first and last name)	     (amount)
    Coalition for Open Adoption Records to
    defend the Adoption Information Disclosure Act in
    the Supreme Court of Ontario.

    Address _____________________________________________
	   (apartment, street number, street, city/town,
	    province/state, country, postal/zip code.)

    Phone number including area code: ___________________

    Email address: ______________________
    
Again, the Election on October 10th. If you vote in Ontario, support the candidate in your riding who will promise to support an appeal of the judge's decision. See COAR's survey of candidates in the election: 2007ontarioadoptionrecordspoll.blogspot.com. To find out your candidates, go to Elections Ontario: www.elections.on.ca/en-ca.
We are quite certain that a Conservative government will not appeal.
In solidarity,
Michael Grand grand@psy.uoguelph.ca
Karen Lynn ccnm@rogers.com
Wendy Rowney wrowney@rogers.com
COAR Coordinating Committee
Source: email from COAR

Addendum: October 19, 2007. COAR reports that the deadline has been extended at the request of the Ontario government, indicating in interest in pursuing an appeal.

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Fri, 19 Oct 2007 15:05:41 -0700 (PDT)
COAR Bulletin
Extension Granted
We learned this morning that the Ontario government has applied for and been granted an extension to appeal Judge Belobaba's decision that struck down the Adoption Information Disclosure Act on September 19th. They now have until November 15, 2007 to decide whether they plan to appeal the judge’s decision.
Today was the original deadline. They requested more time because it was difficult to make a decision while the politicians were campaigning before the election.
By applying for the extension, the government is not saying that they plan to appeal but that they have not yet had sufficient time to study the case. However, it does indicate that they plan to consider their options carefully and not dismiss the case out of hand. We are cautiously optimistic.
What You Can Do
We urge you to write both the Attorney General and Ministry of Community and Social Services and let them know why you want the government to appeal. You can contact the Attorney General, Michael Bryant, at mbryant.mpp@liberal.ola.org and the Minister of MCSS, Madeleine Meilleur, at mmeilleur.mpp@liberal.ola.org. Feel free to share with them your disappointment with Judge Belobaba’s decision and tell them why you hope they will decide to appeal the decision. Your e-mail need not be long.
We will keep you informed as we learn more.
In solidarity,
Michael Grand, mgrand@uoguelph.ca
Karen Lynn, ccnm@rogers.com
Wendy Rowney, wrowney@roges.com
Source: email from COAR

Dangerous Adoptions

October 4, 2007

A Kentucky whistleblower reports that she was required to arrange a dangerous adoption, and was fired for refusing to ignore complaints about the adoptive parents. All for the love of (tax) money. Since no local whistleblowers have come forward, Ontario can still pretend such abuses do not occur here.

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Posted on Tue, Oct. 02, 2007
State pays $380,000 to former social worker
SUIT WAS FILED OVER ADOPTION DISPUTE
By Valarie Honeycutt Spears, VHONEYCUTT@HERALD-LEADER.COM
The state has paid $380,000 to settle a lawsuit filed by a former social worker who said she was urged to arrange an inappropriate adoption so the state could get federal bonus money.
In the lawsuit filed in 2005 against the Cabinet for Health and Family Services, Pat Moore of Elsmere said her supervisors harassed and ultimately fired her because she would not ignore a half-dozen allegations of abuse in a foster home.
In addition, both foster parents had criminal records. A son living in the home had been convicted of multiple felonies, including drug convictions, and the foster mother's brother, described in court documents as a pedophile convicted of sex crimes, had been in the home around the foster children.
Moore said in her suit that the cabinet was forcing an adoption to keep its numbers high. She alleged that was because the federal government gave the state federal money for each adoption from foster care that was approved.
In a second, unrelated case, the state paid $45,000 to former social worker Katherine Siereveld, who said she was forced to rush investigations of alleged abuse.
Siereveld, who worked in Grant County, said the cabinet put unrealistic expectations on social workers and that led to poor practices. She said she was fired for voicing complaints.
As part of a confidentiality agreement, neither the former workers' attorney, Shane Sidebottom, or cabinet officials may discuss the settlement in detail.
But in both Aug. 8 settlements, the cabinet denies violating any policy or procedures or breaking any law.
The money was paid "solely in order to compromise a disputed claim for the purpose of avoiding further controversy or litigation," the settlement said.
As for the former social workers, Sidebottom said yesterday: "My clients are happy to resolve all claims amicably and put this matter behind them."
In her lawsuit, Moore said she was fired because she criticized her supervisors.
The supervisors insisted, she said, that two foster children be placed with an adoptive family in Verona in Boone County even though the family, among other problems, allowed the convicted sex offender to be around the children.
Court records show that cabinet supervisors pushed for the adoption even though those same supervisors acknowledged in a 2004 report that the home should never have been approved. Also, a private foster care agency deemed the home unfit.
The adoption was stopped only when a Campbell County judge refused to let it go through.
Kentucky's Cabinet for Health and Family Services has been under scrutiny for its handling of adoptions from state foster care since January 2006, when two child-advocacy groups issued a report.
Accusations of inappropriate removals from biological families led to a cabinet inspector general's investigation, and more recently to the announcement that the state intends to fire six social workers based in Hardin County.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397.
Source: Lexington Herald-Leader

F4J Not Guilty

October 3, 2007

In November 2004 Jonathan (Jolly) Stanesby handcuffed himself to British Children's Minister Margaret Hodge. Today a jury acquitted Jonathan Stanesby and Jason Hatch of criminal charges stemming from the incident.

In November 2003 David Chick, dressed as Spiderman, spent six days on London's Tower Bridge. He was acquitted by a jury on May 14, 2004.

On September 11, 2004 David Chick spent 18 hours on top of the 450 foot London Eye dressed as Spiderman. He was acquitted of charges by a jury on February 22, 2005.

On June 13, 2002 Canadian father Peter Cornakovic conducted a citizen's arrest of Judge Terrance O'Connor in Milton Ontario. He was found guilty and sentenced to six months in jail.

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BBC NEWS, Published: 2007/10/03 16:11:52 GMT
Two cleared in handcuffed MP case

Mr Hatch and Mr Stanseby were cleared of false imprisonment

A fathers' rights campaigner who handcuffed himself to former children's minister Margaret Hodge has been cleared of false imprisonment.
Mrs Hodge was ambushed at a Law Society conference at the Lowry Hotel in Salford, Greater Manchester, in 2004.
The MP was handcuffed for 20 minutes Manchester Crown Court heard.
Jonathan Stanesby, 41, from Ivybridge, Devon, was cleared along with Jason Hatch, 35, from Cheltenham, who tried but failed to reach the MP.
Mrs Hodge, who is now culture minister, had to be freed with bolt cutters.
The minister was at the Lowry Hotel on 19 November for a conference called "Battle of the Sexes".

Margaret Hodge MP was at a Law Society conference

She was handcuffed by Mr Stanesby as she took part in a question-and-answer session afterwards.
He cuffed her wrist to his, saying: "Margaret Hodge, I'm arresting you for covering up child abuse."
This was a reference to Mrs Hodge's time as a councillor in Islington, north London.
Mr Hatch also attempted to handcuff the Cabinet minister and MP for Barking but was blocked from reaching her by Mrs Hodge's assistant private secretary.
At the trial Mrs Hodge described how she was "distressed" by the activists' actions.
'Upset and disturbed'
"I did have a pain on my wrist for about six months afterwards," she said.
"I was upset and I was very disturbed by that incident."
But Kyri Argyropoulos, for Mr Stanesby, suggested that the minister was not prepared to meet members of Fathers 4 Justice because of their past behaviour.
He suggested she was "far from accessible" - a charge Mrs Hodge denied.

Jonathan Stanesby at a previous fathers' rights protest

Alan Wolstenholme, prosecuting, said the men "went much further than they were entitled to do".
The verdicts were met with cheers and applause from Fathers 4 Justice supporters in the public gallery.
The court heard how both men had previously been involved in high-profile protests for the group.
Mr Hatch, who gained notoriety after scaling the walls of Buckingham Palace dressed as Batman, thanked the jury after the not guilty verdict was read out.
He said he was "ecstatic" at the verdict.
"The jury are sending a clear message that the family law courts must be overhauled immediately.
"The breakdown in our society can quite clearly be traced to the breakdown of families. The only way this can be rectified is by stopping the secrecy of family courts.
"I carried out a citizen's arrest on Margaret Hodge and it looks like the jury thought I was justified to do so."
Source: BBC

Hastings Rally

October 1, 2007

Here is a report on the Hastings rally by its organizer, Andrew Skinner.

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The Hastings Rally was an excellent success. The exposure and support shown was truly overwhelming. We received countless honks and cheers of support from passing motorists and pedestrians.
We started our rally by meeting at Tim Hortons's where before we even started we heard honks of support from passing cars. We proceeded to rally in front of City Hall where we met with others trying to expose the corrupt system. Everyone was eager and readily shared their support and wanted to be interviewed.
The protest then proceeded up to the Family Courthouse, where once again, honks of support were given and people approached us wanting more information. About half way through our protest a police officer arrived but was very friendly and allowed us to voice our concerns. We were approached outside the courthouse by a couple of individuals who work within the system, showing their support but wishing to remain anonymous. You know there definitely is a problem within the system when lawyers show their support and applaud your efforts to expose the corruption.
The Highlight was definitely our final stop at The Children's Aid Society office. We were given many thumbs up from motorists along with numerous honks and cheers. Local newspapers were in attendance and asked questions. A Trent University student writing a paper on The Children's Aid Society was also interested in our cause and was interested in what the citizens were saying about the present system of child protection and family court. The Children's Aid Society did not try to stop the protest or intervene in any way. To all parties involved, we thank you for your professionalism and courage. The power of a peaceful protest can only lead to positive change. Everyone knows the system is corrupt and broken and that change and oversight is "in the best interest of the child".
In closing we would like to thank all those that attended to lend their voice. It very quickly became apparent, that the public does agree that change within the child protection system is paramount and supported by the public. The citizens can now only urge their present and future political candidates to address this issue of corruption within the system.
Source: email from organizer Andrew Skinner

Addendum: Here is a report from the Community Press.

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Protestors gathered in front of the Hastings Children’s Aid Society in Belleville Monday.
Photo: Beth Primeau

Protest held at Children's Aid Society
by BETH PRIMEAU
Monday, October 01, 2007 - 09:00
Local News - Belleville - Seven people gathered in front of the Hastings Children's Aid Society (CAS) in Belleville on Monday to spread awareness of what they say is a “corrupt” system.
“We are trying to bring public exposure to the unaccountability of CAS," one of the protesters, Andrew Skinner, said in an interview. "Under the present system, they seem to steal away children with hearsay evidence and perjury in court.”
He described the protesters as a "group of concerned citizens" who met on the Internet..
Skinner said they have three major concerns with the current system: In their view, the Children's Aid Society is unaccountable to anyone, it removes children from their parents without proper authority and it employs frontline workers who aren't well-trained.
Asked for hard evidence to substantiate the allegations, Skinner offered none but said there is information on the Internet to back up his claims. “The information is out there on the Internet if you look for it.” he said.
Skinner said he videotaped an untrained frontline worker while dealing with the CAS. “My own experiences, I have documented it on videotape saying they aren't formally trained in social work.”
Skinner would not comment further on his own experience.
The group's number one concern is that there is no third party to deal with complaints against CAS. “(They need) a body that investigates complaints and doesn't profit from the child protection industry.”
Hastings CAS executive director Len Kennedy said CAS does not employ unqualified frontline workers.
“All of our frontine staff is professional and trained,” he said in an interview. “Our staff is as well-trained as in any sector. So there would be no untrained staff providing frontline service.”
Kennedy also said that any rationale the CAS has for removing a child from a home needs to be proven in court. “Under the Family Services Act any decision to remove a child from their home has to be presented to court within five days,” he said. “So in each of those incidents the court has to decide that there are grounds to remove a child under legislation.”
Kennedy also said evidence presented by CAS must hold up in court, making it nearly impossible to create false allegations. “We have to protect evidence and bring evidence that will withstand the court's scrutiny and withstand the scrutiny of the defence lawyer in court. So, our staff has to be very well -trained in the court process in order to fulfil that requirement.”
If someone has a complaint against CAS there are two options available to them, Kennedy said. The first option is to submit their complaint to an internal review process. The second option is to submit a complaint to Child and Family Services Review Board, which is an independent provincial body mandated under legislation.
The protest caught Kennedy by surprise. “No advance, no request, no notice they were coming or what they were coming to protest about.," he said. "Certainly we would have been prepared to hear what they had to say and respond accordingly, but there was no notification to the society at all.”
Source: Community Press

More on Adoption Disclosure

September 30, 2007

COAR continues in its efforts to save adoption disclosure. Since the quashing of the law coincides with an Ontario election, the coalition has posted the candidates' positions on a website. During the enactment of the bill support came from the NDP and Liberals, and strong opposition came from the Progressive Conservatives. Election of John Tory as premier will be doomsday for the law.

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A Bulletin from the Coalition for Open Adoption Records
September 30, 2007
Dear Friends,
We are writing to ask for your advice on how to continue supporting our community. Although the issue is complex, we ask you to wade through the information below and provide us with your thoughts in the matter of how we should proceed. If people ask questions we will try to respond in another bulletin. We regret that we will not be able to answer the many questions and letters individually.
The Election
We also want to encourage you to support the candidate in your riding who, after the election on October 10th, will promise to support an appeal of Judge Belobaba’s decision that struck down The Adoption Information Disclosure Act (AIDA). COAR has initiated a survey of candidates in the election. Please click on this link to find out the responses of candidates in your riding: 2007ontarioadoptionrecordspoll.blogspot.com. Check back frequently as the responses come rolling in! To find out your candidates and where you vote, the Elections Ontario website has the answers: http://www.elections.on.ca/en-ca. We are quite certain that a Conservative government will not appeal.
At present, we don’t know for sure if a new Liberal government will appeal the decision, although it looks likely that the Liberals want to. After the Ontario election, we expect to find out.
Appeal – Option 1
If the government does appeal to the Ontario Court of Appeal, COAR would like to, again, ask the court to accept us as an intervener in supporting the government so that we can advocate in the best interests of the adoption community. We believe that we have a better chance of winning in this higher court. We will require financial donations from the community to support this appeal.
Appeal – Option 2
If the new government does not appeal, we have another option of asking the court if we, COAR, can appeal on our own. The court may or may not accept our application. If the community wants COAR to attempt an appeal on our own, and will support the effort with further funding, we will do it. If not, we won’t.
Keep in mind that the deadline for filing an appeal is October 18th. That is why we are asking you now.
If the government does not appeal, a new Liberal government may create a new law with a disclosure veto. This means that 2-5% of applicants will not get their information for many years until we can lobby successfully to eliminate the disclosure veto. In the mean time 95% of applicants will get their information. If COAR can successfully appeal on its own, significantly increased rights to our information will be established. But, this may take up to three years IF the case goes to yet another higher court, the Supreme Court of Canada. Whether we win or lose in the Supreme Court, all adoption disclosure laws in all of Canada will be impacted.
Amendment – Option 3
Presently, there is no adoption disclosure legislation in Ontario. No one can apply for his or her information and this has to change as soon as possible. Whether or not there is an appeal, COAR will advocate strongly for the government to immediately reinstate the previous “passive” registry in which a person applies for information and then waits until someone who matches also registers.
We could choose not to intervene or appeal and simply lobby the government for a new law that would have to include a disclosure veto.
In sum, if the government appeals, or if COAR appeals on its own, in both cases, any new adoption legislation in Ontario (apart from the passive registry) will likely be on hold for a long time until the “final” decision is made.
Expenses
We expect that both types of appeal will cost at least $10 000. Our expenses in the last case were over $7000. (We need to remember that had our lawyers not offered their services pro bono that our current expenses would run over $200 000.) Depending on your responses to this consultation, we will be asking for pledges in another COAR Bulletin.
Please consider the following options and offer us your thoughts:

If the government appeals, will you support COAR as interveners for the adoption community?

If the government doesn’t appeal, will you support COAR in a separate appeal to the Ontario Court of Appeal?

If the government does not appeal, should we also not appeal and put all of our efforts into a new piece of legislation with a disclosure veto (no government at the moment would consider legislation today without it), a contact preference, wider searching power for the ADR and mandatory health information?

Please write to one of us, soon, and we will assemble the responses and report your consensus in a subsequent bulletin. We need to hear from you.
In solidarity,
Michael Grand grand@psy.uoguelph.ca
Karen Lynn ccnm@rogers.com
Wendy Rowney wrowney@rogers.com
COAR Coordinating Committee
Source: email from COAR

Candidate Ferguson Attacked — by Allies

September 29, 2007

Rob Ferguson, running for parliament as the Brantford candidate of the Family Coalition Party, has come under attack from his own party.

This case illustrates the aphorism that politics makes strange bedfellows. In an effort to soften their message to pregnant young women, abortion opponents have shifted from fire and brimstone to offering adoption as a practical alternative. The pro-life movement (Family Coalition Party) has become a political friend of the adoption industry, the one Mr Ferguson is opposing. Protecting families entails something even more important than finding homes for the unborn — keeping children already born with mom and dad. In May we reported on the legal loss of Mr Ferguson's son, and the social worker celebration of the consequent funding bounty.

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Family guy?; Party frowns on common-law candidate
Posted By Susan Gamble, Saturday, September 29, 2007
Rob Ferguson isn't a typical Family Coalition Party candidate and he's proud of the fact.
Ferguson is a recovered glue sniffer who has been charged - and acquitted - of assault.
For five years, he has been living common law with his partner, Kalena Mallon, a woman who has had serious mental health issues.
And he has marched and fought against the Children's Aid Society.
But the issues of the past are met with honesty by the pair as they head into the Oct. 10 election.
"The challenges in my life make me a better candidate," Ferguson explains, "just as a recovered addict makes a better counsellor. Everyone has some sort of addiction.
"It's a chapter in my life that's concluded, but it means I can relate to people with problems."
Ferguson said the Family Coalition Party understood the need for flexibility, but provincial party president Lynne Scime had a different opinion when contacted Thursday.
"All of our candidates have to sign a document affirming they are pro-life and pro-family," said Scime. "Living common law is not our definition of pro-family. We're very strict about that."
Scime added that all of the other issues Ferguson has put behind him would be accepted and forgiven by the party.
Ferguson was named in The Expositor when he was charged with assaulting Mallon in 2004. In court the next year, Ferguson was acquitted of the charge.
He and Mallon told The Expositor this week that he had been trying to save Mallon when, in a deep depression, she tried to take her own life. However, it was reported in The Expositor that Mallon and Ferguson had got into a fight when she tried to take away a bag of glue that Ferguson was sniffing.
Ferguson went for counselling for his glue addiction. He has now been clean for three years.
Mallon said she's refocused her depression, despite ongoing serious cardiac health issues, and hasn't suffered a serious episode of despondency for more than a year.
"I'm focused on the election and I love it. It gives me all the hope in the world."
Mallon is acting as Ferguson's campaign manager, manning phones and going with him to debates. The couple have two children who do not live with them.
Ferguson was a member of the NDP party, but broke with that group two years ago, citing infighting.
On the candidates' debate circuit, he has run into some opposition from people who want to air other issues. And he has been slandered on the Internet.
Ferguson and Mallon were the victims of a serious crime earlier this year, the details of which can't be made public, and they have yet to see the perpetrator dealt with in court.
But the challenges of a tough life give him a unique perspective, Ferguson said.
"I'm getting more responses in the campaign because I've 'been there'," he said. "Which of the other candidates can say, 'Yah, I've used the food bank?'"
Ferguson has volunteered for community organizations such as the CNIB and helped out for years on Riverfest. He has repeatedly called for more accountability in the Children's Aid Society and has led marches on their office.
He and Mallon are currently fighting their way through the health system as they try to deal with her supraventricular tachycardia - a rapid heart rate which causes confusion and loss of consciousness.
They plan to marry one day but say they face an impediment to doing that immediately.
The critical thing is that they hold dear the family values of the Family Coalition Party, despite not being married.
Federal tax law considers common-law partners to be married after a year of living together.
The Family Coalition Party does not.
"I'm really disappointed in him," said party president Scime.
"Living common-law is a no-no for us and we will have to deal with him. If he had been honest with us, we wouldn't have accepted him as a candidate, but we would accept him as a member of the party."
There's nothing the party can do about the fact that Ferguson stands as its representative on the ballot in 11 days, she said.
get serious
Party leader Guiseppe Gori contacted Ferguson on Friday and elicited a promise that Ferguson and Mallon would get serious about setting a date for their marriage.
"If we had known about this before we probably would have chosen a different candidate," admitted Gori.
"By disqualifying a candidate at this point, it would create problems and not solve anything. I've talked to him about what it means to sign our declaration of agreement with our principles."
Meanwhile, the candidate hopes to make a good showing in the election and to continue to grow the Family Coalition Party locally toward the next election call.
"I haven't been deceitful in any way, shape or form," said Ferguson.
Source: Brantford Expositor
with thanks to a Brantford reader

Addendum: An email from Rob Ferguson suggests another motive for the article, and that his differences with his own party are not as represented in the Expositor.

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Date:Sun, 30 Sep 2007 09:47:19 -0400
From:rob ferguson
rfergusonca1@hotmail.com

Let me explain a bit better. The reporter that interviewed me was supposed to be preparing a a bio for the election not attacking me. The editor of the Brantford Expositor Mr Judd is a Liberal and a real close golf bud with Brant MPP Dave Levac and CAS Director Andrew Koster. This is just an attempt to throw off my support but it hasn't, after receiving many calls yesterday for voter who were going to vote Liberal now will vote for me. My party's words have been taken way out of context. After speaking to party leader Guiseppe Gori it was realized that being engaged as me and Ms Mallon are does qualify as a typical family through commitment. CAS Brant and Dave Levac are simply afraid that I do have a chance here to continue to fight for family rights.
Source: email from Rob Ferguson

DCF Litigation

September 29, 2007

The Miami Herald reports that the State of Florida has paid out $196 million in a decade to settle lawsuits against the state. The costliest offender has been DCF, the Florida child protection agency. A document attached to the article gives all settlements over $50 thousand (pdf) during a two year period.

We have also received reports of litigation against children's aid societies, so far all fragmentary. From the few fragments, we can say that the first step in all suits against children's aid is an order sealing the court records, and preventing the litigants from talking about their case. During the litigation itself, CAS lawyers employ stalling tactics to the maximum possible extent, preventing the real issues from coming before the court as long as possible. If a settlement is worked out, it is on condition of secrecy, so that the aggrieved parties know that they will lose their compensation for speaking out. So far the only suit against CAS to come to public attention is that of Dorian Baxter. He won his case in court, but CAS refused to pay, preferring instead to make endless appeals. He was forced to accept a settlement for less than his legal fees and wound up in bankruptcy.

The size of the settlements in Florida suggests that in Ontario, where secrecy is more effective, children's aid societies may be a large hidden drain on the taxpayer's money. In a private company where customers are the only source of funds, monetary judgments force the company to correct its problems or fail financially. In an agency funded by the legislature, monetary judgments are just another claim on the taxpayer. As long as the settlements remain secret, they cannot cause reform.

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State spent $196M in a decade to settle suits
Posted on Fri, Sep. 28, 2007
BY GARY FINEOUT gfineout@MiamiHerald.com
TALLAHASSEE --
State spent $196M in a decade to settle suits
Florida has spent nearly $200 million over the past 10 years to quietly settle lawsuits for everything from employment discrimination to sexual harassment to state employees turning a blind eye to child abuse.
And with few exceptions, nearly all of it has taken place out of the eye of the public, and with scant oversight from lawmakers responsible for spending taxpayer money.
The biggest payouts have come on behalf of Florida's child-welfare agency, the Department of Children & Families, to compensate children who have been beaten, abused or sexually assaulted while in state custody.
The most expensive payout: nearly $14 million for the 20 victims of Nellie Johnson, a Gainesville foster parent sentenced four years ago to 60 years in prison for beating children in her care between 1991 and 2001. She hit them with pipes and boards, force-fed them until they vomited and beat one boy so badly doctors had to remove a testicle.
Despite Johnson's conviction in 2003, the state fought the lawsuit brought by the injured children -- until late last year, when DCF agreed to a series of settlements amounting to $13.8 million.
''We could delay another three years to where these children who are victims of crime would not receive anything,'' said DCF Secretary Bob Butterworth, who has moved aggressively to settle the Johnson case and others since he took office in January. ``That's just not the right thing to do.''
A review of 10 years' worth of records maintained by the state Division of Risk Management shows that Florida has paid $196.2 million to settle lawsuits. The payments range from relatively small settlements for damages caused by malfunctioning parking gates to larger ones to settle sex, race and age discrimination lawsuits filed by job applicants or state employees.
During the past decade no department has paid as much to settle lawsuits as the state's child welfare agency. In 10 years, the state has paid $73 million to resolve lawsuits involving DCF. And since January, DCF and the state's Division of Risk Management have settled 29 cases totaling $16 million.
All the cases were filed before Butterworth took office. But Butterworth, a former judge and state attorney general, said he directed his legal office to review all outstanding lawsuits to see ``if we had absolute losers here because the person is going to jail.''
''We are trying to do what is in the best interest of the children,'' Butterworth said.
Those who have repeatedly warned about shortcomings in Florida's safety net for children over the years say the steady stream of litigation should be a wake-up call.
''What's been going on in our foster care system for far too long is that the children are not being kept safe,'' said Karen Gievers, a Tallahassee attorney representing five children to whom the state agreed to pay $1.2 million. The five were sexually assaulted by a Merritt Island foster parent who was allowed to adopt the children. The lawsuit, settled in August, lambasted DCF for allowing Robert Howard, now awaiting trial on sex abuse charges, to adopt the children even though the state had shut down his foster home.
Dozens of other cases settled by DCF are similar. Last month the agency agreed to pay $1.4 million to a child who was placed in an overcrowded foster home where she was repeatedly sexually abused by two older foster children.
State Rep. Dan Gelber, a Miami Beach Democrat, said he is glad Butterworth is trying to settle the lingering cases. But he said he questions whether the department is doing enough to track and prevent abuse against children in state custody.
''I want to know whether this reveals the quality of the care,'' said Gelber, who has sent a listing of recent DCF settlements to the GOP lawmakers who oversee the agency.
A review of state records shows that all state agencies and Florida's 11 public universities are routinely paying out thousands, if not hundreds of thousands of dollars, to resolve lawsuits or disputes that haven't even made it to court. Some of the lawsuits have been publicized, but usually the settlements are reached quietly.
Among the cases:

The Agency for Persons with Disabilities agreed this summer to pay $300,000 to the family of Franklin Weekley, an 18-year-old who disappeared in 2002 from a state-run home for the disabled. Nearly two years after he vanished his bones were discovered by a contractor tearing down an old boiler room at the Marianna facility.

The Department of Highway Safety and Motor Vehicles settled a long-running dispute over Florida Highway Patrol troopers' use of force against an Opa-locka man when they raided his apartment in 1998. The state agreed last year to pay $475,000 to settle a federal civil rights lawsuit in which Kenrick Christopher said the incident left him partially disabled.

The Department of Corrections agreed in July to pay $1.3 million, including $500,000 for attorney fees, to 13 nurses who said the department did nothing to protect them from sexual harassment by prison inmates at Washington Correctional Institution in Chipley.

Florida International University paid $75,000 to a woman who was sexually assaulted in 2005 by an FIU police officer. The officer, Frederick Currie, was convicted in January 2006 and sentenced to 10 years in prison.

''It's a terrible thing that happened to her, and I'm embarrassed that one of our officers would have been found guilty of such actions,'' said FIU President Modesto ''Mitch'' Maidique.
The settlements authorized by the Division of Risk Management don't need approval from the Legislature. That's because the state routinely set asides millions in the state budget to pay claims. Top legislators in both the House and Senate routinely get official notices of large settlements, but the grand total has surprised lawmakers.
When told Florida had paid more than $68 million in settlements in the past three years, House Speaker Marco Rubio said he was unaware of it.
Some of the settlements reached by the state sidestep Florida's sovereign immunity laws, which cap damages at $200,000 per incident. That's because in the past few years attorneys have chosen to file civil rights violations lawsuits in federal court, where the immunity doesn't apply.
State Chief Financial Officer Alex Sink, whose department oversees the risk-management office, said the millions spent resolving lawsuits shows that the state needs to do a better job at figuring how to prevent future litigation.
''This is big money,'' Sink said. ``The division is very efficient and it's well run, but it's very reactive. We need to be more proactive.''
Miami Herald staff writers Mary Ellen Klas and Marc Caputo contributed to this report.
Source: Miami Herald

Two More Mistakes Buried

September 25, 2007

A journalist has found two more babies who died in foster care in British Columbia on August 11 and August 16. While a host of trifling mistakes are adequate to cast suspicion on a mother, three deaths in foster care are not suspicious.

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B.C. probes three child deaths
Lindsay Kines, Times Colonist
Saturday, September 22, 2007
The B.C. Coroners Service is investigating three cases where children have died within days of being apprehended or placed in the government's care on Vancouver Island.
In addition to previously publicized cases in Duncan and Nanaimo, the Times Colonist has learned of a third death in Greater Victoria last month where a child died a short time after being voluntarily put in the care of the Ministry of Children and Family Development.
Coroner Barb McLintock confirmed the male infant was found dead in his bed Aug. 11 on the West Shore. No name has been released and RCMP do not consider the death suspicious.
"We did an autopsy and, as is very often the case with these infant deaths, we did not get ... a really clear cause of death," McLintock said.
The case was followed five days later by the death of an 11-month-old aboriginal boy in Duncan. The boy had been apprehended by the Children's Ministry a few days earlier and placed with a relative. Again, RCMP said the death was not suspicious.
Then, three weeks later, a four-month-old aboriginal girl, Caroline Touchie, died at Nanaimo on Sept. 11 just five days after being apprehended and placed in foster care. Police have said there is no criminal investigation.
McLintock said yesterday that all three deaths have been referred to B.C. Children's Hospital for further investigation by pediatric pathologists, including one who specializes in studying the brains of babies and young children who have died.
"It's very complicated testing and we're so lucky to have it," she said.
Until the pathology reports are finished in four to six months, McLintock cautioned against reading too much into the cluster of child deaths.
"At this point, there's absolutely nothing to make us believe there's any specific significance to it," she said. "We see this so often in this job ... Things sort of sometimes run in clumps, and sometimes it's really relevant, like when we had all those forestry deaths that led to inquests. And sometimes it's just one of those statistical things that happens. It's way too early for us yet to say which it might be in this case."
McLintock said any decision on whether the coroners service will report on the deaths individually or as a group will likely be made by the service's child death unit. The unit looks at the deaths of all children under 19 in B.C., and sometimes conducts "cluster reviews" as a way to prevent other child deaths.
Children's Representative Mary Ellen Turpel-Lafond also reviews all reports on the deaths or critical injuries of children in the government's care or known to the Children's Ministry in the previous 12 months, and could issue her own report.
Finally, the Children's Ministry conducts internal reviews of child deaths -- sometimes called director's or deputy director's reviews -- in cases where it had recent involvement.
Marilyn Hedlund, director of child welfare, said in a prepared statement this week that the ministry is prohibited from commenting on specific cases to protect the privacy of children and their families.
The ministry does, however, pay particular attention in cases where there are a number of deaths over a short period of time, ministry spokeswoman Barb Wright said yesterday.
"We're very concerned and we take it very seriously and we do look to see if there is any commonality."
The ministry's website reports 98 deaths of children involved with the ministry last year, including 13 in care and 85 who had received ministry services in the 12 months prior to their deaths.
The number of fatalities represented an increase of 25 from the previous year and marked the highest total since 2001, though similar numbers were reported in the mid- to late-1990s.
The ministry deals with 50,000 children a year, many of whom have serious or terminal illnesses, Wright said.
"Let's never forget that, by the very nature of these children being known to the ministry, they are vulnerable -- that's why we have them."
Source: Times Colonist (Victoria)

New CAS Palace

September 22, 2007

Children's Aid has another new palace, this one in Oshawa for Durham Region, at a cost of $17 million. Readers are invited to provide a picture of the facility. "A new clinic has exam rooms for doctors and dentists who treat the kids in the CAS's care." We don't know what the rooms will really be used for. In the case of the Norris family, CAS suspended dental care for a boy needing braces.

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CAS opens doors to its new home
Wed Sep 19, 2007, By Erin Hatfield

Jason Liebregts / Metroland
OSHAWA -- Chelsey Merriman, front, from Whitby plays with the Bellwood Public School Bell Choir during the official opening of the Durham Children's Aid Society's new facility in Oshawa. Sep. 18, 2007

DURHAM -- Greeting clients and staff with bright blue-tiled columns, purple- patched floors and a giant fish tank, the brains behind the Children Aid Society's (CAS) new home hope it will be an inviting and pleasant place.
Located on Airport Boulevard in Oshawa, the building has playrooms complete with books and toys, supervised visitation rooms and a large meeting room. There is a life skills facility for kids in care, where they can learn to cook, do laundry and socialize. A new clinic has exam rooms for doctors and dentists who treat the kids in the CAS's care. On the upper three floors there are offices for the 380 full-time-equivalent employees.
Outside sits a shiny new playground, donated by Auto Workers Community Credit Union.
The move to the new building is the culmination of four-and-a-half years of planning by the board of directors and senior staff and its opening ceremony was on Sept. 18.
Wanda Secord started as the executive director of Durham CAS on Aug. 1. She explained the CAS was able to consolidate three offices formerly spread out across Durham in the new building.
"We were all over the place," Ms. Secord said. "They all needed to be run out of the same office; it just made better sense in terms of service."
The building cost just less than $17 million.
"That sounds like a lot of money, but when you consider the fact that we were renting in three other locations and having leases, as leases go up they can be very expensive," Ms. Secord said. "Over time the cost of this building will be less than the various leases we had."
It took a while to come together, but Oshawa Mayor John Gray said his council nurtured the construction of the new building for some time, first looking at a downtown location and then selling the CAS the land on Airport Boulevard.
"It is a gorgeous building," Mayor Gray said. "The beauty of it is that it is along a major bus route."
But, more than the building, Mayor Gray said he is proud of the work the CAS does.
"Sometimes parents aren't as responsible as they should be and that is where the CAS has to step in," Mayor Gray said. "It is a sad commentary on society, but yet we actually have an organization that can help pick up the pieces."
Former executive director James Dubray, who received much credit for the new building during the opening ceremony, said he is proud of the structure.
"I think it is a great building and it will serve children well," he said. "It will continue to do that for many years."
Source: Metroland Durham Region

Addendum: Here is a picture of the building from the Durham CAS website.

Baby Protected to Death

September 21, 2007

A baby girl taken into custody by child protectors in British Columbia for no disclosed cause has died, just days days after the seizure. The girl's name remains a closely guarded secret.

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Baby died days after entering foster care
SCOTT SUTHERLAND
The Canadian Press
September 20, 2007
VICTORIA -- The British Columbia government is being asked to give a grieving Vancouver Island family some answers after their two young girls were taken into foster care and one of them died just days later.
The NDP critic for the Children's Ministry said yesterday a four-month-old girl died in foster care in Nanaimo on Sept. 11 while her two-year-old sister remains in government care. "The family, until today, didn't receive any reason on why the children were removed or how the child died," said Nicholas Simons, the MLA for Powell River-Sunshine Coast.
"The family needs support in getting through this difficult time. And I think the mother and the grandmother in this case deserve some answers. It's certainly troubling."
Mr. Simons, a former child-protection worker, said no social worker has visited the family since the children were taken away, noting a written explanation for the removal would have come in court.
"Unfortunately, on the day of court the mother was told her child had died," he said.
A spokeswoman for the Ministry of Children and Family Development said because of privacy considerations the ministry will not comment on specific cases.
"What we can say, though, is that in any instance where a child in care and child receiving ministry services dies the situation is carefully assessed by the director of child welfare and ultimately that assessment could lead to a full case review," the official said.
Mr. Simons said the case is indicative of the serious level of neglect that B.C.'s families are suffering under the current Liberal government. He said he would like some answers himself about the reorganization of ministry services that's taken place in Nanaimo.
"A number of contracts have been farmed out to various agencies," he said, adding the continuity in services recommended in two past provincial inquiries into child deaths in care seems to have been lost.
Source: Globe and Mail

Addendum: Another news source, A-Channel, gives the names. The parents are Rose Touchie and Ray Dewell and the deceased girl is Caroline Touchie.

Newfoundland to Subsidize Births

September 20, 2007

Newfoundland may subsidize childbirth by giving new moms $1000. Let's see, moms get $1000, but when a social service agency takes a baby from the delivery room and keeps it until age of majority it gets $71 per day, $466,754. That shows where the real priorities are. We also note that the subsidy applies to adoptive moms as well. Taking care of a stolen baby is as worthy as giving birth.

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Faced with a dramatic drop in Newfoundland and Labrador's population, Premier Danny Williams is hoping a little financial incentive will encourage more couples to adopt or have babies. (CPimages /Rhonda Hayward)

Williams promises to pay $1,000 for every baby born or adopted in N.L.
ST. JOHN'S, N.L. (CP) — Faced with a dramatic drop in Newfoundland and Labrador's population, Premier Danny Williams is hoping a little financial incentive will encourage more couples to adopt or have babies.
The election promise made by Williams on Tuesday means parents would get $1,000 for every child they have in an effort to combat a sagging birth rate and mass outmigration that has sapped the province.
The Progressive Conservative party leader, on his first full day of campaigning for the Oct. 9 election, unveiled a platform that also promises to improve the province's crumbling infrastructure, put more police officers on the streets and maintain a freeze on tuition fees.
But perhaps the most novel idea was the plan to reverse a prolonged decline in the population, which includes a promise to increase parental leave supplements.
"The province cannot afford to have its population shrink," Williams said in an interview while on the campaign trail in Labrador.
"The ultimate goal is to having net gain in our population in the province."
Liberal Leader Gerry Reid said the best way to boost population is to create jobs as he described Williams record on that score as "dismal."
"Rather than try to create an economic climate where people would want to come invest, the premier and this government has turned people away because of his confrontational approach," he said.
The province would spend $4.5 million annually on the program, which would be modelled after similar ones in Quebec and throughout Europe, Williams said.
Newfoundland, with a population of 505,000, has lost 7,000 people since 2001, according to Statistics Canada. Women in the province gave birth to 4,488 babies in 2004, only about half the 8,929 children that were born in 1983, the federal agency found.
Quebec once paid up to $8,000 to families having children in a bid to encourage growth after the province was grappling with dwindling birth rates, but eliminated the payments in 1997.
In more recent programs, Quebec provides residents with $7-a-day daycare and has taken over the federal Employment Insurance program that provides maternity benefits to mothers and made it more generous.
Kevin Milligan, an economics professor at the University of British Columbia who studied Quebec's baby bonus, said it had a positive effect on boosting the province's population.
"A well-designed program can have some impact on fertility," Milligan said.
"But whether it's a good policy or not, it depends on how much you're willing to pay and whether those dollars are best spent there or elsewhere."
Reid, who spent Tuesday travelling the southeastern region of the province, took credit for the key Tory policy plank.
"I'm glad to see that (Williams) has paid attention to the initiatives that we've been talking about and are still talking about," he said in an interview.
The Liberals are also promising to offer parents a financial incentive to have children, though they haven't specified an amount.
NDP Leader Lorraine Michael, who has not released her party's platform yet, said the baby bonus would do little to stem the exodus of young families departing to other provinces in Canada such as Ontario and Alberta.
"It's a very short-sighted way of dealing with our population problem," Michael said.
At dissolution, the Tories had 34 seats, the Liberals 11 and the NDP one. There were also two vacant seats.
Source: Canadian Press hosted by Google

Adoption Disclosure Law Not in Force

September 20, 2007

Only two days after reporting the Adoption Disclosure Law in force, the CBC has reported its demise. Judge Edward Belobaba has stricken the law from the books. An imaginary promise of confidentiality given to birth parents is the pretext. Not mentioned is that family destruction is a big source of income to an industry of which the judge's profession, the bar, is a part. Ontario now goes on as before, with adopted adults forbidden to know their origins, though social service workers have full knowledge. How many of you got your disclosures during the two days?

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Adoption law struck down by Ont. court
Last Updated: Wednesday, September 19, 2007 | 9:20 PM ET, CBC News
Days after an Ontario law that opened past adoption records went into effect, a judge has quashed it.
The legislation, which took effect Monday after years in the making, allowed birth parents and adoptees to access information about each other, but an Ontario Superior Court ruling Wednesday struck it down.
Civil rights lawyer Clayton Ruby launched a constitutional challenge to the Adoption Information Disclosure Act last year on behalf of four Ontario residents — three adoptees and one parent.
He argued that privacy is an individual right and it is not the role of government to decide what information should be released.
Superior Court Justice Edward Belobaba agreed, saying the act breaches the guarantee to individual privacy enshrined in Canada's Charter of Rights and Freedoms.
"I have come to this conclusion after much deliberation," Belobaba wrote in his 68-page ruling. "No judge takes lightly his or her responsibility as a 'constitutional umpire.' "
Disclosure veto missing
Ruby and Ontario Privacy Commissioner Ann Cavoukian said at a news conference that they had both urged the government to amend the legislation to allow birth parents and adoptees to file a "disclosure veto" that would allow them to retain their anonymity.
British Columbia, Alberta, and Newfoundland and Labrador, which have similar laws to the short-lived Ontario one, each have such a "disclosure veto."
Denbigh Patton, one of the individuals represented by Ruby, was relieved by the court ruling.
"The government can't give out my name until someone asks me, and if I say no, they can't give it out period. For an adoptee, that's everything," Patton said.
But for former MPP Marilyn Churley, who spent the past decade fighting for the scrapped disclosure law, the ruling brought disappointment.
She gave her son up for adoption after a teenage pregnancy. Though she eventually managed to connect with him, Churley has long fought for adoption records to be opened so others could more easily do the same.
"This is not about opening up records to the public. It's about opening up records to the parties involved," Churley said.
Source: CBC

judge dispenses baby for cash

Addendum: Here is a bulletin from COAR, trying to salvage the new law.

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Thu, 20 Sep 2007 14:17:16 -0700 (PDT)
COAR Bulletin
Yesterday Judge Belobaba published his decision regarding the Adoption Information Disclosure Act. He found that it was unconstitutional for the government to release information to adoptees and birth parents without providing them with some means of vetoing its release.
We are, as we know you are, deeply disappointed by this result. We all feel personal sadness and anger at this decision.
We are not, however, defeated. At the moment we are conferring with our lawyers and waiting to hear whether the government plans to appeal. Based on that information we will build our own plan to fight for our right to information about ourselves.
The Ontario government is no longer receiving applications for information and cannot act on those applications it has received.
Once we have a clearer understanding of the situation we will write again immediately.
In solidarity,
Michael Grand grand@psy.uoguelph.ca
Karen Lynn ccnm@rogers.com
Wendy Rowney wrowney@rogers.cm
Source: email from COAR

Addendum: Erika Klein's ten-year-old daughter lost her little sister to adoption. Until Judge Belobaba's decision she had been looking forward to reunification. Her comment:

Humph! I wish I could go to court and tell those people that it is wrong. I would go into the room and hold up my poster and say, "Don't you want parents and their kids to be happy like these kitties?"
Source: Erika Klein blog

Addendum: Here is another bulletin from COAR. Barring miraculous developments, Adoption Disclosure is dead. The social services industry is powerful enough to ignore laws enacted by the legislature.

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Date: Sat, 22 Sep 2007 14:15:45 -0700 (PDT)
From: Wendy Rowney w.rowney@rogers.com
Sender: COAR_Action@yahoogroups.ca
Subject: COAR Bulletin

COAR Bulletin
The Current Situation
Over the past few days, we have made several efforts to talk with the government. We did speak with a contact on Wednesday when the decision was first made public but since then our efforts have been unsuccessful. As a result, we do not have a clear answer to the questions, "Will the government appeal the judge's decision?"
Some things are, however, clear. There is an election in Ontario on October 10. All politicians are now campaigning and the regular business of government is suspended. As a result, we do not anticipate that the government will make a decision until the new cabinet is in place. It is likely that the 30 day limit for appeal will by then have passed.
There remains the question whether we, the adoption community, can appeal on our own. This is a legal question and one that our lawyers are trying to determine. We are meeting with them this week to learn more about our options.
The sections of the law that the judge declared unconstitutional effectively made the entire law unworkable. (Although we anticipate that the ADR will continue to function as a match only registry and that Children's Aid Societies will continue to provide non-identifying information.) This means that Ontario does not have a functioning adoption disclosure law at this time. We must have one. This means that we must put pressure on the government to find a workable solution immediately after the election.
What Can You Do Right Now?
1. Talk to the Politicians
Over the past few days we have many many letters form you. These letters are full of sadness and rage. We are asking that everyone on this list send a letter to their MPP and copy

Minister of Community and Social Services, Madeleine Meilleur mmeilleur.mpp@liberal.ola.org or 416-325-5225

the Attorney General, Michael Bryant mbryant.mpp@liberal.ola.org

your local paper

Then copy your letter to the Premier at https://www.premier.gov.on.ca/feedback/feedback.asp.
To find your MPP go to www.ontla.on.ca. Click of "Members (MPPs)"
These letters must be sent as soon as possible to be effective. They need not be long but they should explain how the judge's decision has affected your life. You do not need to call for an appeal; simply let them know how you feel. With politicians it is numbers that count. Let them know that we are out here and we care!
2. Talk to the Media
The media responds to public interest. It does not matter whether your letter is published. What we want to do is show the media that we care. Send them the letter that you sent to the politicians.
Whenever you see or hear a media piece on the decision write them immediately. Tell them your thoughts about the judge's opinion. Let them know how his decision has impacted your life. We know of two upcoming programs.

Sunday morning on CBC National News. At 8:30 am, Toronto time, Karen Lynn will be interviewed live by the anchor. This will be broadcast nationally. They have already taped a session by Joy Cheskes (one of the people who opposed AIDA). Karen has been asked to respond to her on behalf of mothers seeking the identity of their children. Write to the CBC National News. Click here http://www.cbc.ca/contact/index.jsp and select your local area, then write.

Next Wednesday evening on CTV. At 11 pm or 11:30 pm, Toronto time, Scott Laurie will present an adoption special. in the CTV National News. Karen Lynn has already been interviewed by Scott and two others from "our side" will be interviewed: Jennifer Charles, a reunited mother from Ottawa and Paul O'Donnell, a searching adoptee from Toronto. The main website is http://www.ctv.ca. Find your local station, watch the show. Contact them at CTV News/Newsnet: news@ctv.ca

3. Use the Election
Finally, for those in Ontario, call your local candidates and ask them what their position is on the situation. Tell them your vote depends on a good clear answer. If they don't understand the issue, educate them and ask them to get back to you asap. To find all of your candidates search in Elections Ontario at http://www.elections.on.ca/en-ca. Remember too that the Conservatives have strongly opposed any changes to the adoption disclosure system. It is difficult to imagine that, if they are in government, that they will do anything to change the current situation and we could be left indefinitely without a workable law.
We will write again later in the week.
In solidarity,
Michael Grand mgrand@uoguelph.ca
Karen Lynn ccnm@rogers.com
Wendy Rowney wrowney@rogers.com
Source: email from COAR

Addendum: The court's decision in the case, Cheskes v Ontario, is now online.

England May Cut Baby Bounty

September 16, 2007

The British press has run numerous articles in recent weeks exposing the corruption within the social services system. Now the results are reaching cabinet level. British Justice Secretary Jack Straw is proposing to eliminate the bonus paid to social service agencies for adoption of children. The bonus acts as a bounty on the head of every British baby, collectible by social service agencies that succeed in getting the baby taken away from his parents.

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15/09/07 - News section
Straw rethinks councils' cash for adoption targets
By LAURA COLLINS
Jack Straw is to review the Government's controversial policy of offering councils cash rewards to meet adoption targets.
Critics claim the nationwide system, introduced seven years ago by Tony Blair, provides a 'perverse financial incentive' to remove children from their birth parents.
Now the Justice Secretary has said he will rethink the Government's position following a meeting with Norman Lamb.
Mr Lamb, the Lib Dem MP for Norfolk North, wants social workers to keep more detailed records when they meet families whose children may be put up for adoption.
He has also expressed his concern that the secrecy which surrounds proceedings in the family courts may work to parents' disadvantage.

His campaign was inspired by the plight of two of his constituents, Mark and Nicky Webster, whose case has been championed in The Mail on Sunday.
The couple, from Cromer, won a landmark legal case last June to keep their fourth child, Brandon, after false allegations of child abuse meant their first three children were taken away in 2004. The older children have now been adopted and the Websters have been told they will not get them back.
Mr Lamb said: 'Theirs was an appalling miscarriage of justice and part of any proper discussion about this must mean rethinking social services' adoption targets. It simply provides a perverse financial incentive. 'It ought not to be a factor that taking children into adoption means the social services bringing in money from the Government.'
He added that he had discussed the Websters with Mr Straw.
'I raised Mark and Nicky Webster's experience as a powerful example of the horror that can come as a result of it all.
'The deeply troubling fact is that they cannot be the only such example of the system failing.' Mr Straw has given no official undertaking to open up the Family Court system. But Mr Lamb said he was 'greatly encouraged' by the meeting.
He added: 'Adoption targets were a subject of discussion as was the insufficient safeguarding of parents' rights. The lack of case protocol in this area is breathtaking.
'Mr Straw was sympathetic and interested in meeting again to discuss further once he had made his own enquiries. It was a very heartening exchange.'
Source: Mail on Sunday (UK)

Don't Imitate CPS

September 15, 2007

Child protectors love to subdue their wards with drugs. According to the Globe and Mail, 47% of Ontario's crown wards are prescribed psychotropic drugs. Massachusetts lawyer Gregory Hession reports a third of children in custody in his state are on drugs. So what are to make of today's story of a mother charged with a felony for giving her daughter prozac?

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Police: Mother Mixed Prozac with Applesauce, Gave It to Child
Sep 15, 2007 01:45 PM

Karen Walsh

By JOSEPH S. PETE, Staff writer
GREENWOOD, Ind. - A Center Grove area woman is accused of feeding her 12-year-old daughter applesauce spiked with Prozac every night for the past six months.
Karen Walsh, 51, 3712 Chancellor Drive, Greenwood, was arrested on a charge of neglect of a dependent, a Class D felony that carries a sentence of up to three years in prison.
Walsh told police she gave her child the antidepressant without the girl's knowledge to help her sleep.
The child is now in the custody of her father, who was unaware that the girl was being fed Prozac, Johnson County Sheriff's Office Chief Deputy Doug Cox said.
No doctor diagnosed the girl as needing the medication or prescribed it to her.
When not prescribed, Prozac can cause a range of medical problems including heightened suicidal tendencies, three physicians told police.
The Division of Family and Children's Services received a complaint that Walsh was giving her child Prozac and notified police, who questioned her Tuesday.
Walsh, who was taking Prozac prescribed to her, said she didn't want to take her daughter to the doctor for her sleeping problem because she knew he would tell her to stop giving the child Prozac, according to a probable cause affidavit.
Walsh told police she knew giving her child Prozac was wrong and could harm her health, according to the affidavit.
When asked by a detective, she described in detail the side effects an incorrect dosage could cause, such as permanent neurological damage.
She told police she gave her daughter about 10 mg per day, which she described as a "clinical dose."
Every night, she took a 20 mg time-released capsule and broke it open, emptying out the powder. She divided the powder into equal amounts, mixing half into her daughter's applesauce.
Walsh sometimes had to wake her from sleeping to give her the spiked applesauce, she told police.
Police required Walsh to sign a statement that she wouldn't give her daughter any medication in any form.
A physician will need to monitor the girl's health as she gradually stops taking Prozac, Cox said. She will need to stay on a reduced dosage for a while so sudden withdrawal doesn't endanger her health.
"She won't be able to safely quit cold turkey," Cox said.
Walsh was released from the jail Wednesday on $3,000 bond.
Source: WISH-TV

York Services Resume
Families Take Cover

September 13, 2007

The strike against York Region Children's Aid is over. How many times have you heard of mom or dad refusing to take care of a child on account of a strike?

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CAS strikers ratify deal
Sep 12, 2007 03:52 PM
By: Joan Ransberry, Staff Writer
York Region Children's Aid Society's 180 child and family workers are expected to return to work tomorrow, ending a 17-day strike.
A tentative agreement between Ontario Public Service Employees Union - Local 304 and the agency was reached last night and union members ratified the agreement today.
Of 147 union members voting, 122 accepted the collective deal and 22 rejected it. Include in the agreement is a 7.5-per-cent raise over two years as well as fewer caseloads for front-line workers.
After contract talks collapsed Sept. 1, the union walked off the job, leaving about 1,000 open files, including 450 in-care children in the hands of about 35 non-union workers.
In a joint statement released yesterday, Local 404 union president Lisa Maynard and Children's Aid Society executive director Patrick Lake said they're both gratified they were able to resolve three areas of concern: workload, wages and milage.
"We look forward to a new era of working together in our shared goal of creating a positive work environment for staff and providing the highest quality care to the children and families of York Region, " Ms Maynard and Mr. Lake said.
Provincial union president Smokey Thomas kept a close eye on developments and visited the picket line in Newmarket. Workers set up lines at four society offices across the region.
"We look forward to an improved working relationship with the employer so that, together, the children and the families of the region will receive the best possible service," Mr. Thomas said.
"We are optimistic that with this new collective agreement, we will be able to achieve just that."
Statistics from the local Children's Aid for 2006 show 6,457 families were served, there are 950 open cases at any given time, between 200 and 400 cases were investigated each month and 130 foster homes were overseen by staff.
This was the first strike in the history of the local Children's Aid Society.
Source: yorkregion.com

Baby Death Hidden

September 10, 2007

Here is another case of social workers burying their mistakes. A baby died, but the mother was kept in the dark for 28 years.

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Birth mom angry she wasn't told of baby's death
By Kirsten Stewart, The Salt Lake Tribune
Article Last Updated: 09/10/2007 01:11:00 AM MDT

Jayni Anderson surrendered her baby girl for adoption 28... (Steve Griffin/The Salt Lake Tribune

Jayni Anderson wants Utah law changed to require that birth parents be informed if a child they put up for adoption dies.
Since placing her newborn for adoption in June 1979, Jayni Anderson has wondered about the girl she called "my Sarah Marie."
Was she a fussy baby? Did she excel at school, make friends easily? How was her "sweet 16th" birthday?
Anderson conjured happy images of a healthy and loved child maturing into a young woman. But those hopes were crushed two weeks ago when a social worker at LDS Family Services, which handled the adoption, told Anderson that 28 years ago her baby died of Sudden Infant Death Syndrome. The child was 6 months old.
"It was like someone took scissors to a movie reel in my head. Everything just went black," said Anderson of the initial shock, which gave way to feelings of betrayal and anger.
The 50-year-old Montana native wants to know whether the adoption was ever finalized. She wants to know where her baby was buried. And she wants to know why it took LDS Family Services so long to disclose the death.
Scott Trotter, spokesman for The Church of Jesus Christ of Latter-day Saints, declined to comment, citing a church policy against discussing litigation.
Anderson hasn't sued the church. But she does want Utah law changed to require adoption agencies to notify birth parents of deaths.
"I don't want this to happen to someone else," said Anderson on Thursday. "Adoption hurts, and it stays with you. But you take heart knowing your child is going to a good home, and you trust the adoption agency. That trust was violated."
Nothing in Utah law or licensing rules - then or now - requires adoption agencies to keep contact with birth parents after relinquishment, said Ken Stettler, director of the state Human Services division that oversees adoption agencies.
Contracts can be written to order continued contact, he said. But Anderson's was a closed adoption.
"If I could have opted for an open adoption, I would have, but it didn't really exist back then," she said.
As for changing the law, Stettler isn't sure how an agency could be expected to track children over the course of their lives.
Further complicating matters, for Anderson: the adoption may never have been finalized, which would mean that the agency had legal custody of her daughter at the time she died.
In such cases, there's still no disclosure requirement for a death, but "it's good practice," said Utah adoption attorney Larry Jenkins.
Legislators recently changed state law to allow for adoptions to be finalized posthumously, but the law applies only to adoptions after May 2006, said Jenkins.
Anderson may have remained oblivious to Sarah Marie's fate had she not recently reported an address change at the LDS Family Services.
That prompted a phone call from a social worker who asked Anderson to come into the office. There, she shared the news of the baby's death. Anderson recalls her explaining, "I didn't want you to go through the rest of your life thinking your daughter might come looking for you."
When Anderson asked, "Why didn't you tell me earlier?" she said she was simply told, "That's a good question."
Anderson said the social worker claimed to have no information on her daughter's place of burial. Nor would she say whether the girl was ever "sealed" to her adoptive family, an LDS practice to assure that family members meet again in the afterlife.
"She's my daughter, she's dead and I can't even place flowers on her grave," said Anderson, who is LDS and said she surrendered her baby at the urging of her ecclesiastical leader.
"I was a young, single mom with a toddler and pregnant. I didn't want to be on welfare," said Anderson. "I was adopted; it's something I believe in."
Anderson doesn't want to think there's something purposeful behind the church's silence, noting, "They're not above making mistakes." But, she said, "the agency had ample opportunities to fess up."
After relinquishing her rights to her daughter, Anderson surrendered two more children through LDS Family Services: her firstborn, a toddler son, in 1980 and another boy, a newborn, in 1981.
The same social worker handled all three adoptions, said Anderson, who believes the woman has since retired.
"I asked her if my boys could live with their sister, but she said, 'No, the parents moved back East,' " recalls Anderson. Queries about her daughter's well-being, Anderson said, were met with, "Oh, she's doing just fine."
Anderson said she has had second thoughts about the adoptions, but never any regrets. It provided her children with a brighter future, she always assumed, and gave her time to mature and later raise a son.
But now, she worries about her boys, who live together with a family about whom she knows very little. And she says she won't rest until she knows for certain what happened to her little girl.
"I'm not sure why, if the adoptive parents were so grateful to me, they never told me she died," said Anderson. "I need closure. I hope she wasn't hurt, but your mind thinks all these icky things."
For now, she holds onto the memory of those "tender" three days that she fed, held and sang to her daughter in the hospital before saying goodbye.
"Hardly a day has gone by that I haven't thought about her," said Anderson. "That's more than 10,000 days, and to what end?"
kstewart@sltrib.com
Source: Salt Lake Tribune

More Grape Expectations

September 9, 2007

The past two years have seen gatherings of CAS opponents at Hamilton's Grape Expectations event. Plans are afoot to duplicate the effort this year. In a letter dated December 7, 2006 Rev Dorian Baxter informed Mary Anne Chambers of illegal drug use by social workers at Grape Expectations. Other coverage in 2005 on October 14 and October 20, and in 2006 on October 31 and November 2 Here are two posts to Canada Court Watch.

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For Those Asking About An October Demonstration
Author: visitzkidz
Posted: Sat Aug 18, 2007 12:16 am
This was found on the CAS of Hamilton-Wentworth Site:
"We're celebrating our fifth Grape Expectations Gala this year! Plan to join the celebration on Monday, October 29 at Liuna Station. Tickets are $100 each with proceeds to the Society's Children's Fund. More information will be available soon."
Please remember to take your tape reorders and video cam's to watch their marijuana smokers in action out back. (Makes a great gift for friends, family, neighbours and goes to YouTube for our viewing displeasure.)
I can't get around althat easily, but I pray I will be able to be there.
ANY other gathering suh as this in other cities would be well worth the protest, and well-worth making ourrselves known.
So, let's hear from other cities and what you find on their sites about fundraisers.
Remember: We are ALL family. ( Even someof the workers who don't know beans from bacon.)
Viz

Author: sparton2000
Posted: Sun Sep 09, 2007 4:45 pm
We are holding our 3rd anniversary to this Grape expectations fundraiser. WE will be out there in full force. Feel free to join me in fighting the injustices of CAS and the Child Protection Agencies that fail our children and families. We are out to expose corrupt family court judges, and glorified clerks and their endangering childrens lives. I will start leafleting towards the end of the month and do a mail out of people that want to attend. Thanks for bringing this up again. Even though our numbers have been small in the past...it takes courage to stand up and handle the rain, the wind, the jaunts and the whistles and the people inside wanting to discredit our peaceful right of assembly and public protest. Very Happy
Source: Canada Court Watch forum

The front page of the Hamilton CAS site has the announcement:

Mark you calendars for this year's gala We're celebrating our fifth Grape Expectations Gala this year! Plan to join the celebration on Monday, October 29 at Liuna Station. Tickets are $100 each with proceeds to the Society's Children's Fund. More information will be available soon. To purchase tickets, email tsilvestro@hamiltoncas.com or call 905-522-1121, ext. 6414.

Source: Hamilton CAS

Addendum: In a YouTube video, CAS has high expectations for this year's event.

Routine Strip Searches

September 2, 2007

A press release from a legal advocacy group shows that strip searches of children by social workers are routine.

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Liberty Counsel
NEWS RELEASE
Contact: PUBLIC RELATIONS DEPARTMENT - 800-671-1776
FOR IMMEDIATE RELEASE: August 30, 2007
Appeals Court Asked To Hold State Responsible for Illegally Strip Searching Children
Milwaukee, WI - Today Liberty Counsel filed a brief at the Seventh Circuit Court of Appeals in a case involving a state worker who made two elementary children undress without parental consent. The case is Michael C. v. Gresbach. The eight-year-old boy, his nine-year-old sister and their parents are represented by Stephen Crampton, Vice President of Legal Affairs and General Counsel for Liberty Counsel, and Wisconsin attorney Michael D. Dean.
The case involves Dana Gresbach, a social worker from the Bureau of Milwaukee Child Welfare, who, acting on a tip that Michael C. had spanked one of the children with a plastic stick, decided to examine the children at a Christian school. Gresbach entered Good Hope Christian Academy and had the principal bring the children to a private room for questioning. She instructed the principal not to call their parents and would not allow the principal to observe the investigation. Gresbach then interrogated both students, forcing the boy to raise his shirt and the girl to lift her jumper and pull down her tights for a bodily examination. After the parents found out about the incident, they were furious. Gresbach closed her investigation after finding no evidence of abuse.
The trial court ruled that there was an obvious violation of the students' Fourth Amendment right to be free from unreasonable searches and seizures. Now, Gresbach has appealed that ruling to the Seventh Circuit Court of Appeals.
The case involves the fundamental issue of the constitutional right of families to be free from unwarranted intrusions by government social workers who, as here, without any parental knowledge or consent, subject children to humiliating and degrading activities. The case also raises concerns about the defiance of the Bureau of Milwaukee Child Welfare to respect basic restraints on the exercise of its enormous power. In another federal lawsuit against the same Bureau, Doe v. Heck, the Seventh Circuit Court of Appeals held that it is "patently unconstitutional" for government officials to seize a child on private school premises without a warrant or an emergency.
Stephen Crampton, Vice President of Legal Affairs and General Counsel for Liberty Counsel, commented: "Government social workers cannot simply barge into a private school whenever they feel like it and strip search innocent children. Just like police officers, they must obtain a warrant, consent, or be acting in an emergency, before performing physical searches or other intrusive investigations."
###
©1995-2007 - Liberty Counsel - Post Office Box 540774 - Orlando, FL 32854 - Phone: (800) 671-1776 - Email:liberty@LC.org -
Source: Liberty Counsel

More on Matthew Reid

August 29, 2007

Continued court hearings have revealed a little more about the death of Matthew Reid.

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Niagara Falls Review Impact statements read in trial for three-year-old victim
KARENA WALTER
Saturday, August 25, 2007 - 07:00
Local News - The wailing of a 15-year-old girl pierced the quiet courtroom as the boy she smothered to death was remembered on the stand by his devastated grandmother.
"You destroyed my life and my future," Ramona Jakucinskas cried Friday as the girl in the bubblegum pink shirt bawled in the prisoner's box.
Three-year-old Matthew Reid was living in a Welland foster home when the girl suffocated him with his own pillow.
He was found dead the morning of Dec. 15, 2005.
The girl, whose identify is protected under the Youth Criminal Justice Act, pleaded guilty in January to second-degree murder.
Ontario Court of Justice Judge Ann Watson continued to hear submissions Friday in St. Catharines as she determines whether to sentence the girl as a youth or adult.
The court has heard from several experts that the girl has the cognitive age of six and displays signs of fetal alcohol syndrome. She has had a troubled life and lived in various foster homes.
Jakucinskas, reading her victim impact statement in court, said Matthew was supposed to come live with her in Tillsonburg, where she would raise him.
After his death, she couldn't sleep, eat or go to work and would curl up in a ball, she told the court.
She said cooking reminds her of foods Matthew would like; opening the pool reminds her of things he'd like to do and work days remind her of how he should be going to school.
She decorated his bedroom with SpongeBob SquarePants pictures and can't see the character in stores without crying. It took her nearly two years to get rid of his bedding.
"I would have watched him grow up to be a fine young man," she said. The court has heard the girl arrived at the foster home Dec. 14, 2005 and killed Matthew sometime after 9 p.m. that day. She smeared her own blood on his face, making a cross on his forehead, and tucked a note under his head that said, "I know what his last words were before he died. Momma."
Tania Reid, Matthew's biological mother and Jakucinskas' daughter, submitted a victim impact statement for the judge, but did not wish to have it read in court.
Afterwards she said it would have been too hard to hear.
The judge will continue to hear submissions in the case on Oct. 11.
Source: Niagara Falls Review

Judge Protects Family

August 29, 2007

From Florida here is a case in which a judge sided with a family to protect them from a run-away child protection agency.

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South Florida Sun-Sentinel.com
Florida Department of Children & Families negligent for removing children from family, judge rules
Allegations against parents dropped
By Jon Burstein
South Florida Sun-Sentinel
August 25, 2007
The state Department of Children & Families was negligent in failing to properly investigate two children's medical histories before accusing their mother of intentionally making them sick, a Broward County judge ruled Friday.
Sara Evans and her husband, Donald Evans, spent six months battling with the state agency after DCF successfully petitioned a judge in February 2006 to take temporary custody of their two children, then ages 2 and 5. The DCF dropped the case in July 2006, dismissing all abuse allegations.
DCF officials had argued that the children were victims of Munchausen syndrome by proxy, a rare condition where a person deliberately makes another sick.
But before removing the children from the home, the DCF failed to conduct a full investigation, concluded Circuit Judge Marina Garcia-Wood in a sharply worded decision.
"This court finds that the failure to consult with the children's prior medical doctors and caretakers, and a careful review of all medical records, which were extensive, and the children's medical history was, in fact, medical neglect," the judge wrote.
The children had detailed medical records from California, where the family had lived, and the family's doctors gave sworn statements rejecting the abuse allegations, Garcia-Wood found. Even after the parents supplied the records and doctors' statements to the DCF, the dependency court proceedings continued for another three months, the judge ruled.
"What is apparent to this court is that [DCF officials] came up with a legal theory, i.e. that this was a case of Munchausen by Proxy, a serious form of child abuse, and attempted to substantiate their theory with inaccurate and misleading information," Garcia-Wood wrote.
The Evanses' attorney said they were glad the judge held the DCF accountable for separating the children from their parents.
"[The ruling] sends a strong message to DCF in cases like this to investigate completely what they are alleging about parents before other families are torn apart this way or put through this ordeal," said Michael Hymowitz, an attorney for the Evanses.
DCF spokeswoman Leslie Mann said she couldn't comment on the ruling because the agency hasn't received the order. The DCF had argued that the case was "a battle of medical experts," according to Garcia-Wood's ruling.
In her decision, Garcia-Wood ordered the state agency to pay for the Evanses' legal fees. Hymowitz said they are more than $300,000.
The Evanses have filed a federal lawsuit against three DCF officials, alleging they violated the couple's civil rights by taking the children away. Emily was in shelter care for 144 days and Jacob for 77 days, until they were able to live with grandparents, according to the lawsuit.
Once the children were with their grandparents, Sara and Donald Evans were allowed to see them but not touch them, according to the federal lawsuit. Records indicate Emily has had a series of metabolic and developmental problems, while Jacob had gastro-esophageal reflux.
The family now lives in a constant state of paranoia, fearing they could be separated at any time, said Robert Buschel, one of the Evanses' attorneys.
In the federal case, attorneys for the DCF officials argue that the state workers acted within the scope of their jobs and did not deprive the family of their rights.
Jon Burstein can be reached at jburstein@sun-sentinel.com or 954-356-4491.
Source: South Florida Sun-Sentinel

Wall Street Journal on Foster Care

August 24, 2007

The topic of foster care rarely reaches the front page of the Wall Street Journal. In this case where it did, the social worker is presented positively, doing her best to save a twelve-year-old boy. She unsuccessfully deals with the effects of nine years of foster care. Once Humpty-Dumpty falls, he cannot be restored.

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The Wall Street Journal
SEARCH MISSION
Foster Kids' Last Resort:
Finding the Lost Relatives
Ms. Librizzi Hunts For Tony Ruiz's Family;
Expecting Anger, Pain
By CHRISTINA BINKLEY, August 23, 2007; Page A1
LOS ANGELES -- After nine years in foster care, and nine different homes, 12-year-old Tony Ruiz was in serious trouble. He was on multiple psychiatric drugs, had long been suicidal, was often defiant and disruptive and displayed hopelessness.
"I just want to have a family," Tony told Judy Smith, a volunteer court advocate and the only person who had known him for any length of time. Fearing Tony wouldn't live to see adulthood, Ms. Smith turned to Linda Librizzi, a sleuth of sorts who locates the lost relatives of foster children.

A longtime licensed clinical social worker, 53-year-old Ms. Librizzi is on the vanguard of a growing revolution in child welfare: She is a "family finder." Thanks to computer search technology, social workers have for the first time a powerful tool to locate the family members of "cold cases," children who spend years moving from foster home to foster home until their biological families' whereabouts are unknown.
There are roughly 525,000 children in foster care at any given moment in the U.S., many of them moving to a new foster home every few months. Roughly 25,000 foster children each year reach adulthood without ever having found a permanent home. They are discharged to the streets at 18 years of age, often ending up homeless, incarcerated, or otherwise overseen by the judicial or social welfare systems.
In the 40 or so communities around the U.S. that are using the new data-plumbing techniques, government social workers are placing about 25% of cold-case children in homes, estimates Kevin Campbell, a former social-work administrator in Washington state who pioneered the method. But dedicated family finders like Ms. Librizzi, who works for a private nonprofit agency and isn't distracted by typical social-worker duties, boast success rates as high as 75%. Social workers say the likelihood of these children finding homes is otherwise nil.
Even advocates concede the main problem with family finding is that it isn't being implemented soon enough. They say it would be most effective if it were used to prevent children from spending years in the foster-care system in the first place.
There are other challenges, too. Family finding doesn't solve the psychological problems that can affect foster children, especially when they have bounced from home to home. Few families are fully prepared for the difficulties of taking in a long-lost relative who has spent years in foster care. As a result, some reunions end unhappily.
Here in Los Angeles County, home to the nation's largest child-welfare system, family finding has helped shrink the number of children in foster care to 11,000 from 14,000. That promises significant cost savings. The cost of caring for a foster child in Los Angeles can top $75,000 a year, not including the burden on the judicial system and homeless shelters as troubled children pass into adulthood.

Los Angeles started testing family finding about three years ago and is now training social workers and expanding it countywide. For the children, the process begins with the permission of a social worker -- or in a few cases, with a court order -- requested by someone involved in the child's care.
One corporate partner of this effort is U.S. Search, a unit of First Advantage Corp. which sells such data to social workers for $25 a report, less than it charges other clients. Tapped by Mr. Campbell, U.S. Search, which typically sells its services to private detectives and individuals in search of old girlfriends and others, has a small staff dedicated to working with social workers.
U.S. Search subscribes to databases of records on voter registration, marriage, divorce, criminal filings, credit records and other information. Its software broadens search terms to look for alternative spellings. In one study by Mr. Campbell, U.S. Search was able to find more than 85% of parents who were listed as "whereabouts unknown" in California court records.
Armed with this data, teams of local social workers -- and in one California county, retired police detectives -- make dozens of phone calls, knock on doors and wheedle information to re-forge family connections. They aren't just looking for adoptive homes. They're also hoping to put foster children in touch with their roots and create an additional source of support.
The work is arduous, emotional and slow. The searches, culled from so many databases, can be messy. Data are almost always missing; workers can spend weeks chasing false leads.
Even when social workers find whom they are looking for, the process can open festering family wounds, rekindling the problems surrounding the children's births or their removal from parents' care. Mr. Campbell, the inventor of family finding, tells social workers to expect a third of the family members they reach to refuse further contact. He also tells them to expect anger. "There's a lot of pain in these families," he says.
Mr. Campbell calls Ms. Librizzi one of the most tenacious family finders he has trained. She has spent more than a year trying to connect some children with their family members.
Ms. Librizzi, a dark-haired woman whose accent reveals her New York origins, spent 30 years working in child welfare before her employer, a group home for youths called Hollygrove, cut back to outpatient services for financial reasons. In 2005, she began doing family finding to find homes for Hollygrove's young residents, later expanding her clientele to children identified by the county as most in need of family finding. She declines to divulge her salary, saying only that she works part-time and is paid on an hourly basis.

Two days before Christmas in 2005, Ms. Librizzi was assigned to find the family of Tony, the 12-year-old boy. He weighed nearly 240 pounds and was often picked on at school. Separated from his brother and sister as well as his extended family over the years, Tony was living in a sparsely furnished three-bedroom group home for boys, overseen by a small rotating staff.
Ms. Librizzi began with a few bits of information about Tony's origins from his caseworker: Tony's name and birth date, the name of his mother, her Social Security number and birth date, and her former address. Nothing was known about Tony's father, not even his name. Working from her small shared office, Ms. Librizzi emailed the information to Clif Venable, a data researcher at U.S. Search.
Mr. Venable then went to work in his Culver City, Calif., cubicle, typing the information into his company's computer system. Minutes later, Mr. Venable emailed back a 10-page list of possible relatives, people who had lived at the same address, possible previous addresses, and even neighbors culled from the many databases to which U.S. Search` subscribes. Ms. Librizzi began at the top of the first page that Friday. She quickly thought she'd hit gold with a man who spent an hour discussing Tony. "Turned out, he wasn't even related," Ms. Librizzi says.
Because many of Tony's relatives had moved repeatedly, the names on the list often lacked working phone numbers. On page five, Ms. Librizzi dialed a number in Stafford, Texas -- someone with an entirely different family name.
The woman who answered demanded to know how Ms. Librizzi had gotten her number. "From an Internet search. I just want to reassure you, this is not a crank call," Ms. Librizzi says she responded. The woman finally conceded she was a distant relation -- the sister-in-law of Tony's mother's sister-in-law. She agreed to pass along a message that someone was searching for Tony's family.
An hour later, Ms. Librizzi received a call from a woman in California -- another distant relative -- who said she knew where Tony's mother was. When Ms. Librizzi returned to her office on Monday morning, three voicemail messages from Tony's mother awaited her.
Ms. Librizzi, along with Tony's social worker, pursued the possibility of developing some sort of relationship between Tony and his mother. She phoned various family members on behalf of Tony so many times that the family began to call her "Linda-for-Tony."
Ms. Librizzi also continued following other leads. Building on information from records and family members, she obtained a number for a San Fernando, Calif., Indian tribe, and called its administrator, Rudy Ortega, to find out if the tribe had records of Tony's birth. Mr. Ortega was noncommittal. The tribe receives many calls from people hoping to gain access to a tribe's benefits (even though the San Fernando tribe isn't federally recognized and doesn't receive such benefits). But the call roused Mr. Ortega into action.
As it turns out, the 32-year-old Mr. Ortega and his wife, Samantha, a medical technician, are Tony's great-uncle and great-aunt. They had three children: girls named Citlaly and Itati, and a son named Tomiear -- and they had at one time looked into adopting. They say they would have adopted Tony all those years ago had they been contacted.
Six weeks after the search began, Tony was told his mother had been found. He also learned he came from a line of Indian chiefs from the San Fernando Band of Mission Indians. His great-grandfather was Chief Little Bear Rudy Ortega Sr. The senior Mr. Ortega was interested in bringing a tribal member back into the fold.
At first, L.A. County social workers explored reuniting Tony with his mother. But his mother failed to show consistent interest or ability to care for Tony, say social workers. Social workers say Tony's mother, who has had several other children removed into foster care, moves frequently among the homes of friends or relatives. She could not be reached for this article.
Meanwhile, the tribe pulled together. Three other families quickly volunteered to start proceedings to potentially adopt him, including Rudy and Samantha Ortega. During a meeting that fall, tribal elders determined that the Ortegas were the best match. Tony soon began to visit them, first briefly, then spending weekends at their home.
When he returned to the Lynwood group home each Sunday night, Tony wept and pleaded to stay with the Ortegas. He hung a small dreamcatcher -- an Indian totem said to ensnare bad spirits -- over his bed.
Last fall, Tony announced he wanted to become a veterinarian -- a sign social workers say that he was looking forward to the future. In March, the county court gave him permission to move in with the Ortegas, who took classes in how to deal with troubled children. The family also arranged to have another male relative tutor Tony in the afternoons to help with schoolwork and socialization.
By April, Tony was off medication entirely. Mrs. Ortega discovered he needed glasses -- he had once had them, but lost them in the course of his many moves. Chatty and smiling, he lost 50 pounds. Now 13, he began to earn A's at his new school.
Tony struggled to describe what was special about the Ortegas. "They hug me," he finally said.
Things didn't continue as smoothly. After the initial honeymoon period, many of Tony's former patterns of misbehavior reappeared. He walked out of class at school and at home, his discipline problems escalated and frightened the family. He once waved a kitchen knife at Mrs. Ortega, she says, and she caught him urging the family's pet dog to fight with a neighbor's Chihuahua. He bullied Tomiear, Mrs. Ortega's youngest child, by pushing and teasing the preschooler.
When she discovered she was pregnant with her fourth child, Mrs. Ortega says she feared Tony might become jealous and hurt the baby. Two weeks ago, the family abruptly discontinued the adoption, saying they'd reached the end of their rope. The county didn't fully prepare her for the magnitude of Tony's troubles, said the angry Mrs. Ortega, who drove Tony to his social worker's office and left him there that Friday afternoon. "If I were to do this again, it would be with a child who is much, much younger," she said.
Ms. Librizzi says Tony's experience with his family has revealed behavioral problems that had been ignored when he was being shuffled among foster homes. Tony will begin intensive therapy for these issues, she says.
Mr. Campbell says such outcomes are all too common. "You ask yourself how would Tony's story be different if his family had been found in the first six months after being taken from his mother," he says.
Tony is now once again living with just a few personal belongings in a group home for boys.
Just after he left the Ortegas, new hope for Tony emerged: his tutor. The tutor, a police officer who is engaged to a tribe member, told Tony's social-work team that he remains interested in serving as a mentor -- or possibly more -- to Tony.
"We're going to keep on keeping on," says Ms. Librizzi. "We don't end until we have some sort of personal connection for a kid."
Write to Christina Binkley at christina.binkley@wsj.com1
Source: Wall Street Journal

Threat to Pregnant Woman

August 19, 2007

We have received dozens of personal reports of threats made privately by child protectors. So far, all of them have been the unsubstantiated word of the aggrieved parent. Now in England two parents, Vanessa and Martin Brookes, have secretly recorded a session in which they were threatened with child removal even before the birth of their child. There can be no possible basis for these threats, since it is impossible to commit child abuse before a child legally exists. In a desperate attempt to save her baby the mother has posted the recording of the threats (audio only) on YouTube. The child protectors have responded with legal threats against the parents and YouTube for secretly recording them. Since no child legally exists before birth, the Sunday Telegraph felt safe in publishing the story with real names.

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YouTube row over social services baby threat
Ben Leapman, Home Affairs Correspondent, Sunday Telegraph, Last Updated: 12:57am BST 19/08/2007
A heavily pregnant woman is at the centre of an extraordinary legal battle with social workers after she secretly recorded them threatening to take away her newborn baby.
# YouTube audio: The secret recording

Vanessa Brookes, 34, who is due to give birth early next month, smuggled taping equipment into a meeting with social services officials, fearing they would try to take her baby for forced adoption.
She recorded a social worker telling her and her husband Martin, 41, that even though there was "no immediate risk to your child from yourselves", the council would seek a court order to place the child in foster care.
Mother and baby would be allowed "two or three days" in hospital together, but should not leave the premises until social workers came to remove the infant. In a desperate attempt to keep their baby, the couple have published the recorded conversation on the internet.
Calderdale council, in West Yorkshire, last night accused them of breaching the Data Protection Act by recording its staff without their knowledge or consent. The council said it had begun legal action to have the recording removed from the YouTube website. Mrs Brookes said: "Even puppies and kittens aren't removed from their mothers at birth. Social workers always record everything, so why shouldn't we record them?"
John Hemming, the Liberal Democrat MP and chairman of campaign group Justice for Families, said: "I find it very odd that a newborn baby would be removed when there is not any allegation by the authorities that the child is at risk. Yet this case is not unique. There are many cases in which newborns are removed because of allegations that their mothers may at some later stage 'emotionally abuse' the child."
The case returns the spotlight to claims that social services are being heavy-handed in removing children from their parents, in order to meet Government adoption targets.
The Sunday Telegraph has previously revealed cases of mothers who were not told why their children were taken away, and cases of families whose children were not returned even after the parents had been cleared of wrongdoing. More than 2,000 babies aged under a year were taken for adoption last year, almost triple the level of a decade ago.
Social services took an interest in the Brookes family after Mrs Brookes, who is partially-sighted, was diagnosed with depression and a personality disorder, leading to concerns that her baby might be subjected to "emotional abuse". Neighbours have complained that the couple's household was disorderly, but neither has been accused of abusing or harming a child.
In the recorded meeting, the social worker tells the couple: "It's our intention as a local authority that when your baby is born, we go into court on that same day and ask for an interim court order because we would wish to place your baby with foster carers."
He tells Mrs Brookes: "I would like you and your baby to stay in hospital until the courts have made a decision."
The social worker says the two or three days the mother has with her baby in hospital will allow her to begin breast-feeding and that once the infant is taken away, social services will pick up expressed breast milk from her home and deliver it to the foster carers for bottle-feeding.
The social worker admits to the couple that a back-up plan is being drawn up in case the judge refuses the application for a care order. He says: "What we also have to think about is a child protection plan that looks at you, at home, with your baby. There is no immediate risk to your child from yourselves, that's my understanding from reading documents."
A spokesman for Calderdale council said officials would seek a meeting with Mr and Mrs Brookes "to understand how this information came into the public domain. We are taking action to have this item removed from YouTube. This recording was made without the knowledge or consent of our member of staff.
"The council does not take lightly any recommendation to the court for a child or a baby to be brought into care. The decision whether or not to institute care proceedings is made by social workers who have to consider the best interests of the child."
Source: Daily Telegraph (UK)

Addendum: The video was removed from YouTube in about a day. We have obtained a copy (13 megabytes, wmv format) from a user who copied it while it was still online.

Addendum: The baby was born a month later. There is no public word on its fate.

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Published Date: 21 September 2007
Source: Evening Courier
Location: Halifax
Mother gives birth to care-threat case baby
By Megan Featherstone
A MUM who has been fighting plans to take away her unborn baby has given birth. Vanessa Brookes of Bradley View, Holywell Green, gave birth at 7.21pm on Wednesday.
But Mrs Brookes and husband Martin could lose their newborn when a court hearing decides the baby's fate today.
In August the couple hit the headlines when they taped a conversation with Calderdale Council staff, who said they would apply for care of their baby as soon as it was born. It is claimed the baby will be at risk of emotional abuse.
The recording was then posted on the video internet site YouTube.
Dad Martin, 41, witnessed the birth. He said: "It was great, really emotional."
But he said his and his wife's happiness had been overshadowed by their worries about having the baby taken from them.
He said the battle had been particularly stressful for his wife who is registered blind. They plan to continue to contest any decision to take the baby into care.
A council spokesman said an interim care order had been applied for and a court hearing was being held today.
Last Updated: 21 September 2007 9:20 AM
Source: recovered from Google cache

DCYF Sticks Up Legislators

August 16, 2007

The article below illustrates better than any other why it is impossible to reform the child protection system. Rhode Island DCYF, under attack by a lawsuit from the state government, has fought back. They have given the legislators the dilemma of: give us more money or we will starve your children. The legislature has already provided money for the purpose, but DCYF has failed to reserve money for foster children first. There is only one possible outcome — the legislators will appropriate more taxpayer money for the profligate child protectors.

The protectors operate with the same moral code as a hostage taker: give me money or I will kill the secretary. There can be no reform until children are no longer cared for with appropriated funds. This proposal is no pipe dream. In the twentieth century countries containing a third of the world's people abolished private farming and had food produced by the state. The result in every case was chronic food shortage or famine. A hundred million hungry people died, more than in battle. Perhaps a children's holocaust of similar proportions will be necessary to force abandonment of the system, and turn children over to the care of private parties, primarily parents, and in extraordinary cases, charity.

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DCYF money woes may leave providers short
01:00 AM EDT on Thursday, August 16, 2007
By Steve Peoples, Journal State House Bureau
PROVIDENCE — The Department of Children, Youth and Families is having a difficult summer.
The agency learned in late June that it was a target of a sweeping class-action lawsuit filed by the state’s child advocate, alleging widespread abuse in Rhode Island’s foster-care system.
Then, the agency was blocked by a Family Court judge from implementing a new policy mandated by the General Assembly that was touted as a cost-saving measure.
Now, it appears that the department is about to go broke.
The DCYF is on pace to spend its entire first-quarter child-welfare budget by mid September, agency director Patricia Martinez said yesterday. And a provision passed in the state budget prevents state officials from shifting money to cover the shortfall until the beginning of the second quarter, Oct. 1.
That will temporarily leave the department unable to pay dozens of child-welfare providers — group homes, shelters, and independent-living programs — that care for thousands of Rhode Island children removed from their homes because of abuse or neglect.
The immediate effect on the children in state custody is unclear, Martinez said. The providers are not legally required to care for Rhode Island’s children without payment.
“That’s something we need to figure out,” Martinez said. “It affects the providers, but also the kids.”
Child-welfare providers representing nearly 40 organizations held an emergency meeting late last week to discuss the DCYF’s financial situation, according to James Harris Jr., the executive director for the Rhode Island Council of Resource Providers.
While Martinez predicts running out of money by Sept. 15, the providers fear it may come even sooner, according to Harris. “I’m hearing the situation is dire,” he said.
Whether or not they get paid, Harris said most providers would struggle to continue caring for the children.
But some organizations may be forced to take out loans to cover monthly expenses such as payroll, rent and utilities, according to Benedict F. Lessing Jr., executive director of Family Resources Community Action, a service provider that offers specialized foster care.
“The implication is that providers have to go to the bank to borrow money,” Lessing said. “Most nonprofit providers can only do that for so long.”
Martinez said it was “realistic” to think that some companies would be forced to take out bank loans to cover expenses. “I think this is one of the most difficult times for any provider,” she said. “I don’t envy them.”
The looming shortfall at the DCYF is attributed largely to cost-cutting provisions in the state budget that have been blocked by the Family Court.
The General Assembly cut the DCYF’s budget by roughly $12 million based on a plan to reduce and restructure services for roughly 600 foster children, ages 18 to 21, who receive state-subsidized health care, housing and education assistance.
In a test case last month, however, Family Court Chief Judge Jeremiah S. Jeremiah Jr. rejected the DCYF’s attempt to end Family Court involvement with Kenneth K., a 20-year-old resident of a state group home. Jeremiah said the budget legislation isn’t retroactive, so it can’t apply to Kenneth, who was under the court’s jurisdiction before the change took effect.
The state Supreme Court declined to overrule Jeremiah, but plans this fall to decide whether to hear a DCYF appeal. The DCYF, however, doesn’t have the luxury of waiting until the fall to abide by the state budget that took effect July 1.
Aside from the Family Court’s ruling, the situation is also complicated by the Assembly’s decision this year to release the DCYF’s financing in four quarterly payments in an attempt to control department overspending — a control applied only to DCYF this year, according to House Finance Committee Chairman Steven M. Costantino.
“We were very concerned about overspending in DCYF. Every year they would come to the Assembly for a supplemental request and we’d find out that a half year has gone by and they’ve already blown by their budget,” Costantino said.
Last year, for example, the Assembly approved a $17.9-million supplemental appropriation (including federal dollars) at the end of the session on top of the DCYF’s $293-million budget.
The quarterly allotments, Costantino said, were a safeguard put in place after the Assembly agreed to restore partial financing for services to 18-to-21 year olds in state care, which the governor had proposed cutting. The plan also required the DCYF to redesign its system to save money by improving department inefficiencies.
“There has not been a lack of money for DCYF over the years,” Costantino said. “Unfortunately, it seems that there has to be a major financial crisis to make change.”
Governor Carcieri’s spokesman Jeff Neal said the governor would reach out to Assembly leadership for guidance in the DCYF’s budget dilemma. The governor’s staff believes it can’t shift money from another area to help the DCYF pay its bills before the end of the quarter based on language in the state budget.
“If the General Assembly has another interpretation, we are very interested in hearing it,” Neal said.
Meanwhile, Judge Jeremiah wasn’t sympathetic to the DCYF’s budget situation when contacted this week.
“I’m only concerned about the best we can do for children in our system that have been neglected and abused. That’s the primary responsibility of every judge in Family Court,” he said. “[The Assembly] should have gone and put more money in [DCYF’s] budget.”
speoples@projo.com
Source: Providence Journal

More Snitches Needed

August 16, 2007

When the supply of kids runs low, it needs to be replenished. Ontario is providing $1.1 million to train school teachers to turn in kids. If your kid is tired or hungry, or worst of all, so bored with school he wants to jump out of his chair, teachers will now alert CAS.

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Ontario to train teachers to spot abuse
They are well placed to catch early signs of trouble, minister says
August 16, 2007, Louise Brown, Education Reporter
There's not always a bruise to tell the secret.
But a child who is starting to witness violence in the home – or be a victim – may seem a little more sleepy in class, a little more hungry, a little more jumpy and up for a fight, says MPP Sandra Pupatello.
And if someone can read those subtle warning signs, they may be able to intervene before the violence gets worse, says Pupatello, Ontario's minister responsible for women's issues.
A $1.1 million training program announced yesterday will provide workshops for up to 6,000 elementary teachers in how to recognize, and help, children affected by abusive behaviour – with luck, even before it turns to violence.
"Kids spend a large part of their days at school, so educators are in a unique position to read any sudden change in behaviour; to notice a child who is suddenly disruptive or who has an unusual outburst that could point to circumstances happening in the home," Pupatello, MPP for Windsor-West, said in an interview.
While teachers are legally obliged to report any suspected case of child abuse to authorities, Pupatello said they often are not trained in how to ask children questions about their safety in an age-appropriate way, using the right language to draw out the truth without upsetting the child.
Teachers will be able to learn more at the website www.curriculum.org/womanabuse.
The training program is being welcomed by the Elementary Teachers' Federation of Ontario, which represents 70,000 grade school teachers in the province.
At its annual meeting in Toronto yesterday, the federation elected York Region Teacher David Clegg as its new president.
The former junior high school teacher says he will push Queen's Park to shrink the gap in funding that exists between grade school students and their high school counterparts.
Clegg succeeds Emily Noble as president.
Source: Toronto Star

Rick Fredrickson R.I.P.

August 15, 2007

Rick Fredrickson lost his baby son Liam to the to adoption through a decision by a Saskatchewan court. Efforts to right the injustice came to a premature end with Mr Fredrickson's tragic death in a traffic accident. The link is to a news article on his death, scroll backwards for the full story. He also has his own website.

Addendum: Kris Titus advises: The funeral for Rick Fredrickson will be on Monday at 2:00 at Hill Crest funeral home in Saskatoon.

Addendum: Here is an obituary distributed by Jeremy Swanson.

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Richard Fredrickson

FREDRICKSON - Richard "Rick" Leslie died tragically on Saturday, August 11, 2007. Left to mourn are his new bride Barb and her children Chris and Tamara; his mother Carol Fredrickson, mother-in-law Joyce HeskethJones, and grandmother Mary Fredrickson all of Saskatoon; sister Brenda (Ken) Holowatiuk of Regina and their children, Krystal and Amber; brother Darren (Barb) Fredrickson of Saskatoon and their children, Sarah, Amy and Ryan; and numerous aunts, uncles, cousins and friends. Rick is also survived by two biological children, daughter Desiree and a 16-month-old son. Rick was predeceased by his father Delmer Fredrickson in 2005, his grandfather Jeff Fredrickson and his grandmother Lorena Larson. Rick was born on June 22, 1972. He lived in Speers until the age of six, when the family moved to Saskatoon. He attended school at Lester B. Pearson and briefly at Mount Royal Collegiate. He went to work at a young age, working road construction with his Dad and brother, first with Warner Construction and later with Morsky Construction. After a time, he left the industry and bought Select Music and Sound. Rick loved to DJ and entertain the crowd. He dabbled in many business ventures over the years and in 2004, Rick became the owner/operator of Distress Courier. During the last year of his life, Rick also actively supported Fathers for Justice and touched the lives of many people across the country. When Rick wasn't working he could be found fishing on the riverbank near Borden Bridge or at Auto Clearing Motor Speedway where he raced his #22 Thunderstock car. Rick also enjoyed spending time with his family and friends. He loved to entertain and there was never a dull moment when he was around. He will be sadly missed. Donations in his memory may be made to Fathers-4-Justice Canada, 202 812 12th Street, New Westminster, BC V3M 4K1 or Auto Clearing Motor Speedway, PO Box 169, Saskatoon, SK S7K 3K4. Funeral Service will be held on Monday, August 20, 2007 at 2:00 p.m. in the Chapel of Hillcrest Funeral Home (east on 8th street, turn right before the railway track), Saskatoon, SK. Interment will follow the service in Hillcrest Memorial Gardens. Email condolences may be sent to park@arbormemorial.com. Arrangements have been entrusted to David Schurr of PARK FUNERAL CHAPEL (244-2103).
Published in the Saskatoon StarPhoenix on 8/17/2007.

Baby Girl Tasered

August 15, 2007

A security guard in Texas fired a Taser at a father holding his baby girl, resulting in injuries to the baby. What is the difference between a hospital and a jail? Opportunistic child protectors have snatched the baby.

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Associated Press
Guard Uses Taser on Man Holding Newborn
By JUAN A. LOZANO 08.15.07, 7:47 AM ET
HOUSTON -
In a confrontation captured on videotape, a hospital security guard fired a stun gun to stop a defiant father from taking home his newborn, sending both man and child crashing to the floor. Now William Lewis says his baby girl suffers from head trauma because she was dropped.
"I've got to wonder what kind of moron would Tase an adult holding a baby," said George Kirkham, a former police officer and criminologist at Florida State University. "It doesn't take rocket science to realize the baby is going to fall."
Lewis, 30, said the April 13 episode began after he and his wife felt mistreated by staff at the Woman's Hospital of Texas and they decided to leave. Hospital employees told him doctors would not allow it, but Lewis picked up the baby and strode to a bank of elevators.
The elevators would not move because wristband sensors on each baby shut them off if anyone takes an infant without permission.
Lewis, who gave the video to The Associated Press, said his daughter landed on her head, but it cannot be seen on the video. He said the baby continues to suffer ill effects from the fall.
"She shakes a lot and cries a lot," Lewis said, noting doctors have performed several MRIs on the child, Karla. "She's not real responsive. Something is definitely wrong with my daughter."
It was not clear whether the baby received any electrical jolt.
Child Protective Services has custody of the baby because of a history of domestic violence between Lewis and his wife, Jacqueline Gray. Agency spokeswoman Estella Olguin said the infant does not appear to be suffering any health problems from the fall.
David Boling, an off-duty Houston police officer working security at the hospital, and another security guard can be seen on the surveillance video arriving at the elevators and trying to talk with Lewis. Lewis appears agitated as he walks around the elevators holding his daughter in his right arm.
Within 40 seconds of arriving, Boling is holding the Taser. He walks around Lewis and whispers to the other guard, who moves to Lewis' right side.
About a minute later, Boling can be seen casually standing near Lewis, not looking in his direction, when he suddenly raises the Taser and fires it at Lewis, who was still holding his daughter.
Lewis drops to the floor. The other guard, who has not been identified, scoops up the baby and gives her to the child's mother, who was standing nearby in a hospital gown.
The guard then pulls Lewis to his feet with his arms locked behind him. Lewis' T-shirt has two holes under the left side of his chest where the Taser prongs hit him.
Lewis said he did not see the stun gun.
"My wife said `we want to leave' and then he just Tasered me," Lewis said. "He caused me to drop the child."
In a statement, the hospital said Lewis was hostile and uncooperative toward staff members who were trying to find out his relationship to the infant when they saw him trying to leave. Neither Lewis or Gray had indicated they wanted a discharge, according to the statement.
"Mr. Lewis became verbally abusive by using vulgar expletives. When Mr. Lewis' behavior became threatening, endangering the infant and employees, licensed law enforcement officers followed their professional standards to protect those involved," the statement said.
Lewis was arrested and charged with endangering a child. A grand jury in May declined to indict him on that charge, but charged him with retaliation, accusing him of making threats against Boling.
Lewis also has been charged with a second count of retaliation alleging he made a threatening call to Boling at his home.
Lewis denies both charges. He said he is considering suing the hospital but has not filed any legal papers.
Houston police spokesman Gabe Ortiz said the department did not investigate the officer's role, and he declined to elaborate. Boling did not immediately respond to a request for comment given to the police department.
Some 11,000 U.S. law enforcement agencies use Tasers, which some experts say are increasingly being used as a convenient labor-saving device to control uncooperative people.
"The Taser itself is a legitimate law-enforcement tool," said Kirkham, the criminologist. "The problem is the abusive use of them. They're supposed to be only used to protect yourself or another person from imminent aggression and physical harm. They're overused now."
Associated Press writers Chris Duncan and Monica Rhor contributed to this report.
Source: Forbes

Dunn Charges Ottawa CAS

August 9, 2007

In the press release below John Dunn announces charges against the directors of the Children's Aid Society of Ottawa resulting from their failure to provide him with a membership list as required by law. The release does not make it clear what legal process is being used to pursue the charges.

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For Immediate Release
Date: Wednesday, August 08, 2007
FORMER FOSTER CHILD CHARGES CHILDREN'S AID SOCIETY OF OTTAWA AND ITS EXECUTIVE DIRECTOR UNDER CORPORATIONS ACT.
At a time when the Ombudsman of Ontario has been fighting for jurisdiction over Children's Aid Societies across the province for the purpose of increasing accountability for the services they provide, John Dunn, a former foster child and child-welfare reform advocate, laid charges against the Children's Aid Society of Ottawa and its Executive Director on Wednesday, (August, 8th, 2007) for knowingly and willfully committing the Offence of contravening section 307 (5) of Ontario's Corporations Act.
The Society and its Executive Director, Barbara MacKinnon, if convicted, could face fines of up to one thousand dollars each.
Dunn, wanting to advocate for positive changes to the way child-welfare services are provided to Ottawa's children and youth applied for a membership with the Children's Aid Society of Ottawa, only to have his application denied without a valid explanation.
After several failed attempts to meet with the Society to discuss the matter, Dunn was instructed by Pierre Viger, the Society's Director of Professional Services, to discuss the matter with Ottawa lawyer, Robert C. Morrow of Burke-Robertson Barristers & Solicitors.
Later, while in a meeting with Morrow, Dunn was advised that the Society was not prepared to discuss the matter any further, that the matter was “closed” and that he should seek legal counsel if he wishes to pursue the membership matter any further.
Shocked at the treatment he received from the Society regarding his membership application, Dunn filed a complaint with the Ministry of Children and Youth Services only to be informed by them that Society memberships are a “corporate law” matter and as such, can not be dealt with by the Ministry.
On February 05, 2007, Dunn filed with the Society, a request for a list of its existing members in accordance with section 307 (1) of the Corporation's Act so that he could inform them of how membership applications are being dealt with by the Society's Board of Directors, hoping that he could convince them to vote for change to this practice during a members meeting.
Once again, the Society retained the legal services of Robert C. Morrow who then assisted the Society in committing the Offence of failing to furnish a list of the Society's members when so required, as outlined in section 307 (5) of the Act.
Background:
Normally a person would advocate for service improvements within a Society by applying for an annual membership and voting for, or making requisitions for change at members meetings. Unfortunately, the people who are the most concerned with how a Society operates -- its former wards -- are blocked from obtaining a membership with their originating Society, simply because as adults, they now live outside the jurisdiction of the Society, or because they are currently involved in advocating for improvements to the services a Society delivers in the community.
The only option a person has to advocate for change once their membership application has been denied by a Society is to communicate with the annual members who reside in the community and who support the work a Society performs, through requesting a list of those members in order to allow the person to communicate with them as is allowed under section 307 (1) of the Corporations Act.
It has been made apparent that the Ottawa Children's Aid Society through its Board of Directors, is even willing to commit an Offence in order to prevent anyone from communicating with the members for purposes connected with the Society.
Section 307 (5) of the Act makes it an Offence for the Society and its Directors not to furnish a list of the members to a person who properly requests it, exposing the Society, and its Board members to the risk of being charged and fined one thousand dollars each, not to mention the lawyers fees for defending their illegal conduct.
John Dunn, is a former Crown Ward and child welfare reform activist who founded The Foster Care Council of Canada (the Council), an organization which seeks to involve current and former wards in the process of child welfare reform.
Gary Curtis, of Winchester, (just outside of Ottawa) a former Crown Ward of the Children's Aid Society of Ottawa, aged out of the system in 1961. He recently applied for a membership with the Society only to be informed that he could not be a member since he was no longer living in the Society's jurisdiction.
Approximately four years ago, Curtis applied for access to his own life records which are held by the Society and in doing so, had to put up quite a struggle in order to get anywhere including a Ministry review by an appointed Director. Curtis had a meeting with a representative of the Ministry of Children and Youth Services, Eastern Regional Office who suggested that he file for a review under subsection 68 (3) of the Child and Family Services Act. The review took over a year to conclude producing a report to the Ministry which made the following conclusions:
There is no guiding legislation the Society can follow with regard to the disclosure of information to a former Crown Ward
The Board of Directors were satisfied that the Society's staff complied with all regulations and,
The Society believes their staff satisfied all the requests made by Curtis.
The review appears to have accomplished very little, as anything he did receive from the Society was only due to his own persistence. When Curtis eventually earned access to his records, he discovered something amazing. Gary learned after years of thinking he was an only child, that he had a sister and two half brothers. His sister and one of his brothers live in the greater Ottawa area and the other brother lives in B.C. His sister was placed for adoption at birth, but his two half brothers remained out of care. Curtis has slowly become acquainted with them and they have welcomed him as a long lost family member. Curtis says “Being accepted as a new family member can be a long and slow process and must be done with a lot of caution and care.”
Curtis has since also applied for a list of the members of the Society in accordance with the Corporations Act so that he could communicate with them regarding the Society and its Boards practices and was also denied.
Dunn says “The Society sent the exact same response letter to Gary that their Lawyer sent to me, only this time they copied the content of the Lawyers letter and pasted it onto their own letterhead, then sent it to Gary”.
Curtis is now considering his own legal options.
For further information please visit The Foster Care Council of Canada at http://www.afterfostercare.ca
--30--
Source: email from John Dunn

CPS Responsible for Foster Death

August 9, 2007

Arizona CPS took Dustin Rhodes away from his mother and placed him with relatives as foster parents. In the habit of child protectors, they then ignored complaints of abuse committed by their own contractors. Dustin Rhodes ultimately died of abuse. Arizona juries decided not to blame the foster parents, but held the child protectors responsible for $1.5 million. It's about time.

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CPS ordered to pay $1.5 million to mother in death of her son
Elias C. Arnold, The Arizona Republic, Aug. 9, 2007 12:00 AM
A jury in Maricopa County Superior Court this week awarded $1.5 million to the mother of a 9-year-old Litchfield Park boy who died after Child Protective Services twice investigated suspicions of abuse but failed to remove the boy from his home.
Dustin Rhodes was living with his grandmother, aunt and aunt's boyfriend when he died in August 2003 of "multiple traumatic injuries," according to an autopsy report.
In 2005, the boy's mother, Christina Bowman, filed suit, claiming her son's life might have been spared had CPS fully investigated and removed Dustin from the home.
Bowman's attorney, Steve Copple, said the decision "gives some answers and some accountability" in the death.
"It was a four-year journey for Christina to try to find out why and who and how. So that decision was extremely important for her and, she felt, for Dustin," Copple said.
Spokeswomen for CPS and the Arizona Attorney General's Office declined to comment, saying the litigation is ongoing.
In February 2003, six months before the boy's death, his third-grade teacher reported unusual bruises on his back, waist, leg and eye.
Three months later, a physician examined other injuries, including a swollen face and bruises all over the boy's body.
She found the injuries may have been accidental, but recommended further investigation.
Dustin's parents were not involved in his life then.
His mother's attorney previously told The Arizona Republic that she had recovered from a drug problem and was trying to get her son back at the time.
The jury's verdict was a "very loud and specific acknowledgement of her loss," Copple said.
A related criminal case turned out differently.
Last month, the boy's extended family, including his grandmother Linda Rhodes; aunt, Bethany Pellerin; and the boyfriend, Ryan Pellerin, were acquitted on all counts of child abuse stemming from the incident.
"We expected ours to come out this way, but we didn't expect the other (case) to come out this way," Copple said.
Source: Arizona Republic

Candidate Rob Ferguson

August 8, 2007

Rob Ferguson, an advocate for families ruined by children's aid, will be a Family Coalition Party candidate for provincial parliament in the October 10 election.

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Brantford Expositor
City man announces candidacy for Brant's Family Coalition Party
Michael-Allan Marion
Wednesday, August 08, 2007 - 07:00
Local News - The Ontario government must pay more attention to the principles and policies that sustain families, says a candidate who is running under the Family Coalition Party banner in Brant riding in the next election.
Rob Ferguson, who runs a home-based marketing and advertising business, says he was drawn to run for the FCP because of the party's focus on families.
"Its platform of simple values and the traditional family makes sense," he said in an interview Tuesday while announcing his candidacy.
Born and raised in Brantford, the 31-year-old Ferguson said he wants more accountability and responsibility in government. He also wants to streamline education to give teachers more preparation time.
He has also been a longtime critic of the Child and Family Services Act, which he claims allows children's aid societies to take children from their parents with little duty to show just cause.
"We should have a policy that says prove the case before apprehending a child," said Ferguson, who has been a well-known advocate on that issue for years.
He has his own ongoing dispute concerning child custody with the Children's Aid Society of Brant.
Ferguson also likes the FCP's call to give more rights to victims in the justice system.
"Today, it's gotten that criminals have more rights," he said. "There has to be a better balance."
Ferguson said he believes Brant voters are tired of Liberal broken promises and slowness to act on issues, unless an election is upon them.
He cited the government's recent decision to give Brantford $5 million for the cleanup of the Greenwich-Mohawk brownfield area.
The visually impaired candidate is also pushing for more accessibility for the disabled.
Ferguson is married to Kelena.
He is running against incumbent Liberal MPP Dave Levac, Progressive Conservative candidate Dan McCreary, a city councillor, and Brian Van Tilborg for the New Democrats. The Greens have yet to choose a candidate.
Source: Brantford Expositor