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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
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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.
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.
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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.
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.
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
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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.
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.
Escape Thwarted
October 18, 2007
We regret to inform you that a boy, Buice McInnis, has been recaptured
after an attempted escape from the Children's Aid Society.
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Missing teen located
Wed Oct 17, 2007
COBOURG - A 15-year-old boy has been located by Cobourg police, after
running away from the Children's Aid Society, on Thursday, Oct. 11.
Police were told where to find Brice McInnis around 4 p.m. on Tuesday,
Oct. 16, and verified he was OK.
Police credit the public for their assistance in the matter.
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."
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
Still More Record Tampering
October 16, 2007
Canada Court Watch, which rarely identifies cases by name, has uncovered
more evidence of altered court transcripts.
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Evidence of more court transcripts being altered by the
court at 47 Sheppard Ave. E. (The same court where Justice Marvin Zuker
previously got caught for altering court transcripts)
(October 16, 2007) Another citizen who had matters recently before the
court at 47 Sheppard Ave. E. has produced evidence which would
reasonably support claims that court transcripts have been significantly
altered in violation to the Criminal Code of Canada in order to prevent
the party from being able to appeal the judge's decision. This sounds a
lot like what Justice Marvin Zuker did in a court case as well at the same
court building.
In light of this recent information and claims by other citizens of
tampering of official court documents by officers of the court, it is time
that Federal and Provincial authorities step in and put an end to what
would appear to be illegal and immoral activity at the courts by some
judges with the help of some courthouse staff. The unwritten practice of
Judges reviewing and "approving" transcripts in the back rooms of the
court must be put to an end, NOW! Independent, third party court
reporters with no ties to the judges, must be implemented along with court
supplied audio tapes to each party immediately at the end of each court
hearing. In this day and age of affordable and convenient recording
devices, there should be NO reason why recording devices should not be put
into widespread practice to increase transparency of the courts and to
increase public confidence in the Administration of Justice.
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.
Puppy Protection
October 16, 2007
We have commented in the past that child protectors and animal protectors
are brothers in arms. Here is proof in a Yahoo
video by Ellen DeGeneres.
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."
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)
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.
Mom Arrested
October 13, 2007
A Texas mother committed a common act for parents of young children,
leaving a baby alone for a short period of time. Usually this happens when
a mom leaves a baby in a car while she runs into a store to make a purchase.
In the Texas case, the mom left the baby in the safety of her own home while
running an (undisclosed) errand. Texas has charged her with felony
abandonment, just as if she deliberately fed her baby to wolves. The child
protectors have taken all four of her kids. If Texas remuneration is
similar to Ontario, they can expect a million dollar jackpot on this
case.
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10/13/2007
Mom, 23, goes to jail
By ZACHARY FRANZ , LAREDO MORNING TIMES
When a Child Protective Services case worker went to a home in the 1800
block of Convent Avenue to investigate the care of the children on Friday,
it started badly.No one answered the door, but the caseworker could hear a
baby crying inside, said Jose E. Baeza, a spokesman for the Laredo Police
Department. After waiting about 10 minutes, the caseworker saw the
mother, Norma Alicia Cabello, return home, Baeza said.
The child inside the home was a 2-month-old boy, Baeza said. Police
are not sure how long he was alone before the CPS agent arrived, but the
child was unharmed and did not need medical attention, Baeza said.
Cabello, 23, was arrested at about 11 a.m. on Friday and charged with
endangering a child, a state jail felony.
Cabello also has three children who were at school at the time, Baeza
said. CPS took custody of all four children.
Cabello was taken to the Laredo Police Department, then held at Webb
County Jail without bond. If convicted, she could be punished with up to
two years in jail and a fine of up to $10,000.
(Contact reporter Zachary Franz at 728-2582 or by e-mail at
zfranz@lmtonline.com)
Ontario Election
October 11, 2007
In yesterday's re-election of the Ontario Liberal government, Dave Levac
was elected in the Brant riding with 23,483 votes. Rob Ferguson, running
for the Family Coalition Party, got 403 votes. CAS opponent Andrea Horwath
was re-elected to represent Hamilton-Centre.
Family Self-Defense
October 10, 2007
Here is another case of a father defending his family against a social
worker. This time a Wisconsin man used less than deadly force. A condition
of his release is that he have no contact with the social worker. If the
order is reciprocal, it could become a popular way to keep social services
away.
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Wednesday, October 10, 2007
Is this child abuse?
By Citizen Staff
JUNEAU — A 46-year-old Horicon man made his initial appearance in Dodge
County Circuit Court on Monday after allegedly striking a Dodge County
Human Services child protective services caseworker who had come to his
home to investigate a child abuse complaint.
According to the criminal complaint, Gary Kahlhamer, 205 Kansas St.,
was charged with misdemeanor battery and disorderly conduct. The
caseworker and a police officer went to Kahlhamer's home on Dec. 20 and
asked him to come to the police station in reference to child abuse
allegations against him. Kahlhamer refused to go and did not answer the
officer's questions.
Kahlhamer then addressed the caseworker and asked if she had anything
to say. When the caseworker was attempting to answer Kahlhamer's question
about the definition of child abuse, he struck her with an open hand on
her right shoulder and pushed her.
He then asked the case worker, "Is this the definition of child abuse?"
He then grabbed the caseworker's right arm in the shoulder area and
proceeded to kick her in the right buttocks and upper thigh area. He
continued to ask her for the definition of child abuse during the attack.
At that point, the officer stopped the conflict. When the officer
asked Kahlhamer what was wrong with him, Kahlhamer told the officer that
he was using the woman as an example.
Kahlhamer was released on a $500 signature bond. He may have no direct
or indirect contact with the victim. He may not have abusive contact with
anyone. He will return to court on Nov. 5 at 12:30 p.m. If found guilty
of the two offenses, he may be sentenced up to 9 months and 90 days in
jail and fined $11,000.
Unusual Suspects
October 7, 2007
An article in Psychology Today deals with Munchausen Syndrome by Proxy. Today when
doctors are unable to diagnose a child's disease, they accuse the mother of
deliberately harming her own child.
Dunn Seeking Contracts
October 6, 2007
John Dunn has another ingenious idea for learning about CAS operations.
Every CAS has a contract with the Ministry of Children and Youth Services,
and it should be possible to get a copy through the Freedom of Information
Act. If the request for information goes to the Ministry, instead of the
children's aid society, it might get less than the decade of foot-dragging
typical of other legal demands on CAS. John promises to keep us informed by
website.
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Screen name: afterfostercare
Posted: Fri Oct 05, 2007 11:19 am
subject: CAS Funding "Service Contracts"
The Ministry of Children and Youth Services has a contract with a
Society on what they are to use their funding for etc.
Did you know that you can make a Freedom of Information Request (FIPPA)
through your local Regional Office ( Directory Here ) for the service
contract between your local Children's Aid Society and your local Regional
Office?
I am going to attempt to do this in order to let people know what is
contained within them. The progress will be posted on my site as well
under the news page.
The Foster Care Council of Canada
www.afterfostercare.ca
Keachie to Head Dufferin CAS
October 5, 2007
Trish Keachie
|
The new Executive Director of Dufferin CAS will be Trish Keachie. The
article from the Orangeville Citizen announces her appointment. Elsewhere
on the web we found her photo and resumé (MS-word format).
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October 4, 2007
Keachie new DCFS director
Trish Keachie will be assuming the role of executive director of
Dufferin Child and Family Services on Nov. 19, replacing Gary Putman, who
will be retiring after 29 years in the position.
An integrated children's service agency, Dufferin Child and Family
Services provides child protection services, children's mental health
services and developmental support services to children and families in
Dufferin County.
Ms. Keachie has many years' experience in management at the municipal
and provincial level, and has worked in the education system.
A major focus of her career has been the well being of children and
families.
Ms. Keachie is looking forward to joining Dufferin Child and Family
Services and working with its staff and community partners in continuing
to deliver quality services for children and families in Dufferin County.
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
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
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.
Missing Children
October 3, 2007
For skeptics who doubt the need for adoption disclosure, here is a
typical plea for help. To social workers the children below look abused and
neglected.
| Date Posted: |
02-Oct-2007 |
| Surname(s): |
RODGERS : RODGERS TURNER : TURNER |
| Query Text: |
My name is James Turner and I am looking for my 3 children
(2 daughters and my son)They were taken from me by the
Simcoe Children's Aid Society, we lived in Midland at the
time. Names they were known as then are as follows: Amy
Doreen Rodgers Turner D.O.B. Oct 4/1985, Ashley Lynn
Rodgers Turner D.O.B. Dec 27/1986 and Andy Travis Turner
D.O.B. Dec 2/1988. Mother of my children's name is
Connie Rodgers. |
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
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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."
Crackdown on Paralegals
October 2, 2007
The Ontario bar is getting serious about blocking competition from paralegals. A North
Bay paralegal, Marueen Boldt, has been sentenced for helping clients over
the past thirteen years. Desperate families unable to afford a lawyer will
now get no help at all. There is a press release, but so far no news articles.
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.
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
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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.”
Woman Examined
October 1, 2007
Child protectors try to send most parents to psychiatrists for
evaluation. Have you ever wondered why? Here is a reason you may not have
thought of: mothers are fun to touch with their clothes off.
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Local Doctor Arrested On Sexual Assault Charges
POSTED: 4:07 pm EDT October 1, 2007
UPDATED: 6:49 pm EDT October 1, 2007
Dr. Mohammed Qureshi
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GWINNETT COUNTY, Ga. -- A Gwinnett County doctor has been arrested
after a woman said he sexually assaulted her during a psychiatric
evaluation.
Gwinnett County police arrested Dr. Mohammed Qureshi, 45, after a
woman said he sexually assaulted her during a psychiatric evaluation.
Qureshi is a psychiatric physician with Gwinnett Rockdale Newton
Community Service Board -- also known as GRN.
A 43-year-old woman contacted authorities after her first appointment
with Qureshi. She said Qureshi instructed her to remove her shirt and
then touched her inappropriately.
"When a psychiatrist is doing some type of other exams that a medical
doctor should be doing, that's a criminal act," Capt. Greg Vaughn with
the Lawrenceville Police Department.
Officials with the Lawrenceville Police Department said that since the
woman came forward, two additional patients have also come forward to say
they had been sexually assaulted during evaluations.
"We all trust our doctors and we listen to them, so Dr. Qureshi,
obviously he could convince these ladies they needed some type of other
exam," said Vaughn.
Investigators said they want any other possible victims to please
contact them.
"We want them to come forward. That will help us put this together.
If we have some more victims, of course, that will help us with a
timeline. How long has this been going on? There's a good possibility
there's someone out there that was sexually assualted and just hasn't
reported it," said Vaughn.
GRN released a statement which said, "Dr. Qureshi was not an employee
of GRN but was an independent contractor supplied to GRN by a private
company. He no longer works here."
Qureshi faces one count of sexual battery and one count of sexual
assault. He has bonded out of jail. Channel 2 attempted to contact
Qureshi but was unable to do so.
Child Abuse Prevention Month
October 1, 2007
Ontario's children's aid societies are kicking off Child Abuse Prevention
Month with a press release showing that a big increase in child abuse reporting has
created an increased need for their services.
Of course, it is illegal for anyone to tell the other side. The
provincial ombudsman is forbidden to look into children's aid cases. Cathy
Norris spent time in jail for telling her side, and every day parents are
threatened with loss of their children for speaking out. So there is no way
for newspaper readers to know that the increase in reporting is due to more
threats against mandated reporters, or that the death rate in foster care is
five times that in parental care.
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Child abuse soaring in Ontario
The Canadian Press, October 1, 2007 at 8:08 AM EDT
TORONTO — The Children's Aid Societies says more than 29,000 children
in Ontario were abused or neglected last year, an increase of 24 per cent
since 2000-2001.
The child and family welfare agency also says it received more than
160,000 calls about child protection concerns last year, an increase of 25
per cent.
The Children's Aid Societies released the figures Monday to mark the
start of Child Abuse Prevention Month in Ontario.
It said that the number of children and families receiving its services
keeps rising and that more must be done to protect them.
Children's Aid also says almost 44,000 families received child welfare
services and parenting supports last year to cope with stress, poverty,
addiction and mental health problems, a 33-per-cent rise over 2000-2001.
Nearly one-third of all child-related investigations of abuse involved
exposure to domestic violence or neglect. Another 15 per cent involved
emotional abuse, 10 per cent were physical abuse cases and 3 per cent
involved sexual abuse.
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
Loophole to be Closed
September 30, 2007
For years a small number of fathers, driven to despair after family
courts take their children, their homes and their livelihood, have escaped
by suicide. The state of Texas is moving to close this loophole. A new bill 80(R) SB 617 makes the estate of deceased parents responsible
for child support even after death. The analogy to the mugger who kills a
man and takes his wallet does not apply, since Texas is acting in the best
interest of the child.
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.
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.
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
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