|

click for help
collapse
On this page press one of the expand
buttons to see the full text of an article. Later
press collapse to revert to the original
form. The button below expands all articles.
show all
More recent news
Reunification Appeal
December 31, 2007
A mother is seeking reunification with her two sons, both young adults.
Her son John Cory was taken for adoption because she was the victim of abuse
by her late husband. Even after the husband's death, she could not see her
adopted son. She has posted at least a half-dozen appeals on the web to
find her boys. Expand for full details. You can send replies to Cindy
Darlene Wells/Truckle, cindy_65_2004@hotmail.com
expand
collapse
Her first son, Jeffrey Thomas Anthony Elliott, born March 27, 1983,
passed away August 29th 2003 due to severe infection to his finger while
in a privately owned prison in Penetang.
| |
| mother: |
| name at child apprehension: |
Cindy Truckle |
| name today: |
Cindy Darlene Wells |
| date of birth: |
July 21, 1965 |
| |
| husband: |
Nelson Truckle aka Lucky, deceased (suicide April 1990) |
| |
| son: |
| name: |
Christopher Micheal John Elliott |
| place of birth: |
Ottawa Ontario |
| date of birth: |
June 17, 1984 |
| |
| son: |
| name at birth: |
John Cory Truckle |
| date of birth: |
October 21, 1985 at 12:39 am |
| place of birth: |
Toronto East General ,Toronto Ontario |
| birth weight: |
6 pounds and 2 ounces |
| birth condition: |
healthy baby boy |
I'm Looking for my son I lost to adoption. He was taken away from me
by Dan Freedman in Toronto Ontario Canada, and someone else in the
children's aid handled the adoption. I was 20 at the time or 21.
My Son was taken into care for the first time and into an emergency
foster home on September 16, 1986, both times due to me being abused. He
was returned to me on November 11th 1986. John Cory Truckle was taken
once again into care and put in an emergency foster home December 27th
1986. He had been in the care of my ex-husband. He was found to be
intoxicated (alcoholism)(drug abuse).
At that time I was allowed 2 hours per week to visit in which John
Cory was happy to see me and responded well to me. The visits were:
July 27, August 12, 19 and 26, 1986. On January 1988 John Cory became a
permanent ward of the agency John Cory met his adoptive parents in March
1988 and moved in May of 1988. Early in 1989 John Cory's adoption had
been finalized apparently in Toronto Ontario through a worker in the
children's aid - his adoptive parents were both in the 40's age range.
They had a baby girl as well that John Cory always played with and was
happy with.
Whoever lives around Scarborough, Ontario I know Christopher lives in
that area. His last known whereabouts was the Gerrard/Carlaw area
Harold Kenneth Murphy and his mom Margaret were the ones that raised
him thinking they were related (As they were told). His real dad is
Thomas Donald Elliott of Ottawa. Harold goes by the name of Kenny to all
his friends that know him, he used to work at the Applebee Auto Wreckers
back in 1984. He is tall, dark hair, skinny build, used to have a blue
pickup truck.
My boys if you see this please know I love you both tremendously and
didn't give you both away. you were both taken then moved away from me.
I've been searching since 1995 with nothing but brick walls
Thanks in advance any help at all is appreciated in the Toronto
area.
John Cory Truckle, age 17 months
|
Northern Ontario Baby Stolen
December 30, 2007
A Kirkland Lake couple got a Christmas
surprise: an apprehension order. Social workers approached the family
under false pretenses of assistance, then saved themselves 500 kilometers of
driving by inducing the family to drive their baby girl to North Bay, where
she was seized. The family got some bad advice on the internet, and has
forfeited their opportunity to legally challenge the validity of the
apprehension. The dad's dysfunctional mother seems to the the source of the
problem. The story makes clear that the biggest fear of social workers is
now video cameras. Since the story uses real names, it will probably be
bullied off the internet shortly. Read it while you can.
Fran Lyon Cleared
December 30, 2007
Fran Lyon, the pregnant woman driven out of the UK by the threat to
remove her baby at birth, has been told that it is safe for her to return
home. There is no way to tell whether this is an honest change of policy by
Northumberland social services, or a sucker play to get her back where her
baby can be seized. Fran is taking no chances, and will remain outside
England. We had earlier reports on
October 18,
November 3,
November 12 and
November 24.
expand
collapse
Pregnant Fran told she's in the clear
Dec 28 2007 by Ben Guy, The Journal
A WOMAN who fled the country to avoid her newborn child being taken
into care has been told she is safe to be a parent after all.
Fran Lyon, 22, Hexham, pictured in her home.
|
Fran Lyon flew to Continental Europe last month to escape a
Northumberland County Council social services ruling that her child would
be taken from her 10 minutes after birth.
But now a psychologist’s report to the council has said Ms Lyon, 22,
would not be a threat to her baby, who will be named Molly, and that she
should be allowed to keep the child if she returns.
The U-turn comes after a previous report said Ms Lyon should not be
allowed to keep her baby because psychiatric problems she suffered as a
teenager made her a threat to the child.
Speaking exclusively to The Journal, Ms Lyon, who used to live in
Hexham, said that despite the new report, she had no intention of
returning to the UK.
She said: “It is basically as close as you will get to them saying
‘sorry, we messed up’, as they have realised they wouldn’t stand a chance
if it was challenged in court.
“I hit the roof when I found out. Because of them I have lost
everything – my job, my home and I have sold everything.
“I literally own what I can carry. Apart from Molly, I have got
nothing at all.”
The original decision to remove the child was taken after a
paediatrician Miss Lyon had never met said she was likely to suffer from a
condition that would cause her to harm her child.
Despite other doctors saying she was fit to be a parent, social
services refused to back down – until the latest recommendation was made
by a London expert.
Miss Lyon said she was now happily settled in a flat and had an
excellent midwife.
“They have said that if I go back, I would be allowed to go into a
mother and baby unit with Molly and that I would be allowed to breast
feed. But there is absolutely no way I am coming back. Why on Earth
should I?
“You think of the damage that they could have done to Molly if she had
arrived before I made my decision to leave.
“They simply shouldn’t be allowed to put somebody through this and then
at the last minute turn round and say they were wrong.
“They have destroyed so much, I am not going to allow them to destroy
any more.”
Molly is due to be born early next month, and Ms Lyon said she had
spent much of the past few days shopping and preparing for the new
arrival.
A Northumberland County Council spokesman said: “Unfortunately, we are
unable to comment on individual cases. However, we can say that child
protection recommendations are always subject to review.
“We would never put a child protection plan in place without current
and appropriate grounds for serious concerns, and we are concerned that Ms
Lyon’s whereabouts are still unknown.
“We urge Ms Lyon to urgently get in touch with us, or a medical
adviser, so we can be sure she and her unborn child receive the help and
support that they need.
“It is crucial that the authorities wherever she is have relevant
information from us to do this.”
Timeline
- August 27, 2007: Ms Lyon – then five months pregnant – tells The
Journal she is considering an abortion to prevent her child going into
care.
- September 8: She vows not to terminate her pregnancy but will fight
to keep her daughter.
- September 13: Ms Lyon is not allowed to attend the meeting deciding
the fate of her unborn child. She faces an anxious wait for a letter
from the Northumberland County Council’s safeguarding children panel
telling her if the appeal has been upheld.
- October 4: Ms Lyon says she is facing losing her home as a result of
the battle to keep her child. The time spent attending meetings,
seeing doctors and filling in legal forms means she is struggling to
work enough to pay the rent.
- November 10: She leaves her home in St Hilda’s Road, Hexham, after
receiving a birth plan for her child from Northumberland social
services. She says she is being hounded out of the region by council
bosses.
- November 26, 2007: Ms Lyon flees to Continental Europe to avoid the
social workers planning to take her baby.
Adoption Scammers Sentenced
December 27, 2007
In October a charity called Zoé’s Ark tried to fly 103 children out of
Chad to France for adoption. They represented the children as injured
orphans from Darfur (Sudan). The injuries were fake, the children were
Chadian, not Sudanese, and they had been under the care of their families.
Today a Chadian court sentenced the schemers to eight years. Now if we
could get children's aid workers before a Chadian judge ...
expand
collapse
The New York Times, December 27, 2007
French Aid Workers Get 8 Years Hard Labor
By LYDIA POLGREEN
DAKAR, Senegal — Six French aid workers were found guilty on Wednesday
by a court in Chad and sentenced to eight years of hard labor for trying
to take to Europe 103 children who they claimed were orphans of the
conflict in Darfur.
Luc Gnago/Reuters
Police at the Palace of Justice in Chad, where six French citizens
were convicted Wednesday of trying to kidnap 103 children.
Luc Gnago/Reuters
Éric Breteau, leader of the group that was found guilty.
Display images for more detail
|
The verdict came after four days of closely watched testimony in Chad’s
capital, Ndjamena. The case enraged many Chadians and embarrassed France
just as a European peacekeeping force made up largely of French troops was
to begin deployment in the region. The episode brought condemnation
across Africa.
Prosecutors portrayed the aid workers as remorseless kidnappers bent on
exploiting Chad’s children. But the workers claimed they were
humanitarians acting within the confines of international law, trying to
save children from imminent harm.
Diplomats and analysts widely expect that the French workers will be
allowed to return to France. Though French officials called the verdict a
sovereign decision, they said they would ask Chad to allow the workers to
serve their sentences in France, news agencies reported.
The workers claimed they had been rescuing child refugees from parched,
war-torn Darfur, in western Sudan, but it turned out the children were for
the most part neither Sudanese nor orphans.
This year the aid group, Zoé’s Ark, posted an emotional appeal on its
Web site claiming that a child dies in Darfur every five minutes and
calling upon families in Europe to help the organization bring the
children to Europe for temporary refuge. The group said it planned to
rescue 10,000 orphans. Many donated money to help cover the costs of
chartered planes.
In October, Chadian officials stopped workers from the group as they
hustled dozens of children, some of them in bandages and attached to
intravenous drips, onto a plane in eastern Chad. The aid workers were
charged with attempted kidnapping.
The bandages and bloodstains turned out to be a ruse. The group’s
supporters have argued that local helpers misled the workers about the
children’s status, but video images released by a journalist who had
traveled with the aid workers showed them putting the fake bandages on the
children.
The children were turned over to the Red Cross and found to be in
relatively good health. Interviews with those old enough to speak showed
that virtually all of them were Chadian, not Sudanese, and had been living
with adult relatives they considered to be their parents.
The case touched off anti-French riots in Chad, a former French colony
with close ties to France. In street demonstrations, Chadians demanded
the death penalty.
French troops occupy two bases in Chad, and French troops are expected
to make up a large portion of a European Union peacekeeping force aimed at
stabilizing Chad and the Central African Republic, which have been
destabilized by the conflict in Darfur and by rebellions of their own.
President Nicolas Sarkozy of France flew to Chad to try to defuse
tensions, and eventually the aid workers were allowed to leave on
condition they returned for the trial.
Addendum: Another article gives more details,
allowing for a comparison between children's aid and the French
kidnappers.
Local snitches assist in finding families with children. Initial contact
with the families is achieved through misrepresentation, in Africa by
promising to build a school, in Canada by posing as helpers.
The kidnappers falsely claimed their African finds were orphans. In
Canada, the same effect is achieved by getting a judge to declare them crown
wards, turning them into paper orphans.
Mr Breteau claimed to act from purely charitable motives, overlooking the
Frenchmen back home who had already paid for adoptive children. Again, just
like Canada, where at least two different money streams fund the adoption
industry, appropriations and fees from prospective adopters.
News of the mass kidnapping spread panic through Chad. A similar kind of
panic exists in the west, though limited to parents apprised of the true
power of child protectors.
One real difference is the fake medical treatments for the children to
fool airport authorities into letting them out of the country. In Canada,
fooling the authorities is unnecessary.
Unlike most western countries, the courts in Chad represented the parents,
and treated the kidnappers harshly. Until there is a change in political
mood, the courts in the US and Canada will continue to represent the
interests of the child snatchers, protecting them from punishment.
Chad, a former colony, is a French client state, and the French government
arranged for the transfer of the convicted kidnappers to France on December
28, two days after their sentencing. France may yet reduce their
punishment.
expand
collapse
Chad jails French volunteers for eight years
SUSAN SACHS, From Thursday's Globe and Mail, December 27, 2007 at 1:00
AM EST
PARIS — A court in Chad yesterday convicted six French volunteer
charity workers of attempting to kidnap 103 African children and fly them
to France without their families' consent.
The four men and two women were sentenced to eight years hard labour by
a judge in N'Djamena. They were also ordered to pay $8.9-million in
damages to the families of the children they tried to take to France.
One of the six, nurse Nadia Merimi, was in tears and had to be
comforted by her lawyer. Another, former soldier Alain Peligat, gave the
charity's impassive leader Eric Breteau a brief hug of solidarity.
The aborted airlift has embarrassed France and exasperated legitimate
aid organizations working in Chad. The defendants were members of an
amateur aid group called Zoe's Ark. They said they believed they were
rescuing orphans from “sure death” in Darfur, in neighbouring Sudan. But
most of the children, ranging in age from toddlers to 10 years old, turned
out to be neither orphans nor from Darfur.
Instead, they had been rounded up from villages in neighbouring Chad.
Several of their fathers testified at trial that they had handed over
their children because “the white people” from France had promised to
build a school nearby and educate them.
The Zoe's Ark members, admitting they knew neither the region nor its
culture, said they relied on local intermediaries to search out and bring
them orphans to airlift out of the country. Two of the local men they
hired, one Sudanese and one from Chad, were also convicted as accomplices.
They received lighter sentences of four years in prison.
Just before the end of the trial, Mr. Breteau, who was also convicted
of using forged papers, apologized to any Chadian parents who had been
separated from their children.
But he again insisted that he and his colleagues had acted in good
faith when they tried to fly the children from eastern Chad, near the
border with Sudan's conflict-ridden Darfur region, to France.
“If they are Sudanese … we have deprived them of a better future; if
they are Chadians and we were lied to, if we separated them from their
families, we are really terribly sorry, for we never wanted to separate
families.”
The case of the snatched children has complicated France's already
delicate relations in Central Africa, where it has a leading role in the
planned United Nations-African Union mission for Darfur. The French are
seen as crucial to securing the co-operation of Chad, which is to be the
staging ground for a massive international peacekeeping mission set to
deploy next month in Darfur.
Since the affair broke in late October there has been more than one
anti-French protest in the streets of N'Djamena. (Chad, a landlocked
Central African country of 10 million people, won independence from France
in 1960.) France has not defended the actions of Zoe's Ark, but has
requested that the self-proclaimed Good Samaritans be sent home,
presumably to serve out at least part of their jail terms.
Chad has done little to stop the popular anger whipped up against the
Zoe's Ark operation. UN and private aid workers in the area have said
that the French group's actions sparked rumours that Western “child
stealers” were at large, panicking Darfur refugees.
Mr. Breteau has insisted he intended only to ask for political asylum
status for the children and did not suggest to his supporters they could
adopt them. At one point during his detention in Chad, he described
himself as the only person in the world trying to do something concrete
for Darfur victims.
French President Nicolas Sarkozy has tried to handle the controversy
with a combination of behind-the-scenes diplomacy and grand public
gestures. He has described the Zoe's Ark operation as “illegal” and
“unacceptable.” Foreign Ministry officials said they had repeatedly warned
the charity against attempting any sort of private rescue scheme.
But after the group was arrested in late October as they tried to take
the children out of Chad in a rented airplane, Mr. Sarkozy intervened
personally to secure the release of several journalists and airline crew
members who were with the Zoe's Ark group.
He pledged to bring home those remaining in Chad, “no matter what they
have done,” and proposed that they be tried in France. Chad's Interior
Minister Ahmat Mahamat Bachir briskly rejected the suggestion, calling it
an insult. “These bandits should be tried and convicted here,” he said,
adding, “Let them get a taste of our prisons.”
Despite the angry words, the French charity workers were apparently
treated well. When one of the accused women fell ill during the trial,
she was taken to a French military hospital, not a local one, for
treatment. The group was held in a low-security detention centre that is
one of the newest prisons in Chad. Their fellow detainees were described
as people caught up in clan disputes who considered it safer to live in
prison than at home.
But French Foreign Ministry officials have apparently been negotiating
for some time to bring the Zoe's Ark defendants back to France, taking
advantage of a 1976 agreement with Chad that provides for extradition of
convicted criminals to their home country to serve out their prison
sentences.
A Socialist deputy suggested the price to be paid for the return of the
charity workers could be high.
“It's clear that he is going to have to pay a lot of money, to the
families [in Chad] as well as to the Chad government,” said Jean-Louis
Bianco, one of the leading opposition figures in the National Assembly.
“But if this money is used for the development of Chad, why not?”
A quick transfer of the convicted charity workers to France is likely,
according to Antoine Glaser, editor of Letter from the Continent, a
magazine specializing in Africa. Chad's President Idriss Déby wants
French military support to fight the insurgents and Mr. Sarkozy wants to
make sure Chad does not create roadblocks for the Darfur peacekeeping
force.
“There is a real deal between the two men that goes beyond the Zoe's
Ark affair,” Mr. Glaser told the newspaper La Croix. “Just like in the
good old days, everything will be worked out between France and Chad
without bothering with the sovereignty or judicial process of either
country,” he added.
Special to The Globe and Mail, with a report from Agence France-Presse
Lawyers Want Tax Money
December 26, 2007
Two lawyers, Gregory and Byron Mills, are specializing in suing the state
of Nevada on behalf of dead and lost foster children. It looks promising,
but it turns out all they are doing is lining up to take tax money, and
force the legislature to appropriate more of it. Parents get short shrift
in their view, "these people did things to have their children taken away in
the first place". Even purported reformers, such as the lawyers in this
case and Marcia Lowry of Children's Rights Inc soon join the lineup of
claimants on the public treasury. Family integrity cannot be restored
through litigation.
expand
collapse
December 21 - December 27 2007
Firm takes up cause of victimized kids in foster care
By Stephanie Tavares / Staff Writer
Attorneys Byron Mills, left, and brother Gregory are shown at their
downtown Las Vegas offices.
LEILA NAVIDI / STAFF PHOTOGRAPHER
|
Sometimes the growth of a practice comes in unexpected and even
unpleasant forms.
Attorneys Gregory and Byron Mills had a fairly quiet family law
practice in the heart of downtown Las Vegas for the last few years,
handling a variety of low-profile matters.
But the disappearance last year of one foster child and the death of
another launched the brothers into a major new practice area: Fighting
for compensation for foster children abused while under the care of the
Nevada Child and Family Services Division and left without treatment by
the state's foster system.
"The system has to change, and so far the only way we can see to do it
is lawsuits. Unfortunately it's the only way," Byron Mills said.
"There's no funding to help kids abused in the system, and it's been going
on for years. They're not getting the protection and the counseling they
deserve after something like that happens. In many cases it's simply been
covered up."
Their law firm, Mills & Mills, has five active cases against the
state, is working on several more and anticipates a large influx of cases
as word gets out about what it is doing. The four-attorney firm has spent
many man-hours researching and preparing its first cases, one involving
the disappearance of Everlyse Cabrera and the other, the death of a baby
boy.
The firm can't afford to do these cases pro bono because of its size
and the amount of time the cases will take to prepare. Gregory Mills has
already spent months preparing the cases the firm has, and legal legwork
could last for years.
If it succeeds in the end, the firm stands to earn hundreds of
thousands of dollars from these cases over the next several years. And
right now it is the only law firm in town aggressively seeking out abuse
victims in the foster care system, preparing advertisements and public
information campaigns.
Gregory Mills (who prefers to go by the nickname Gregor) is leading the
firm's efforts, representing the biological parents and missing or
deceased children. He is seeking restitution as well as additional
information about the care that the children received.
Other cases at this point involve children who have been sexually or
physically abused at the hands of foster parents or foster siblings and
have not received counseling and treatment.
The firm's initial aim is to get the state to pay compensation up front
for children abused in the system.
"We can't just ask for the court to give these kids counseling at this
point," Byron Mills said. "The family juvenile court already is tasked
with getting them counseling, and it isn't. The money from these lawsuits
will go into court-monitored and controlled accounts to pay for counseling
until the kids are 18. At that point anything that's left over will go
directly to the kid."
The idea is for the firm to be a resource for these children since they
have nowhere else to turn.
"The sad part is these kids and their parents don't know who they could
report it to," Mills said. "I mean, you can't call (the children's
service division) on itself. And these kids are not getting the help they
need."
The parents will not be able to exploit the situation because they
won't have access to these funds except in cases where the child has died,
he said.
"If the parents know their kids have been abused or are being abused
they can contact us. But they don't stand to gain from it," Mills said.
"Remember these people did things to have their children taken away in the
first place. So we're very mindful of that."
The firm's secondary aim is to see the department reformed, fully
funded and children protected from future abuse.
Ideally, foster care caseworkers have about 20 kids to evaluate, Mills
said. In Nevada, funding for the program is so inadequate that one
caseworker may be working with 50 or more children, according to media
accounts. These caseworkers are supposed to meet these children in person
at least once a month, but there simply isn't enough time. They are lucky
to see kids once every other month, Byron Mills said.
"It makes it impossible for them to do their jobs," he said.
If a caseworker cannot see the child, she has no way of knowing if
abuse is taking place or likely to occur. And the lack of qualified
foster homes has led to children being placed in homes that have not been
properly evaluated.
"While doing these types of cases we realized that while the foster
system is quick to take kids away from their parents, they're not so good
at protecting them once the kids are in foster care," Byron Mills said.
"People within the foster system have asked us for help. They have a huge
amount of cases and not even close to enough caseworkers and nowhere near
enough money to run the program and protect the kids."
The Mills brothers have supported legislative lobbying efforts in the
last session, although they haven't done any direct lobbying themselves.
Gov. Jim Gibbons has pledged to leave the agency's budget intact while
many other agencies face budget cuts in the latest round of
belt-tightening. And the Mills brothers hope that something will occur in
the 2009 Legislature to bring additional funding to the program.
In the meantime, they plan to use the only means they have of
persuading lawmakers that fully funding foster care programs is in the
state's best interest.
"Just like a large corporation, until it hurts them in the wallet,
they're not gong to do anything," Mills said. "It's our goal to hit them
so hard and so repeatedly that they're forced to deal with the problem and
increase the funding. We hope that in the future we don't have to do this
anymore because the problem won't exist."
At the same time, the brothers are urging their colleagues in the legal
profession and the business community to get more involved in the issue.
They are encouraging lawyers and businesspeople to lobby legislators and
to participate in the Court Appointed Special Advocate program, which
provides volunteer advocates for abused and neglected children going
through the foster care system.
The Mills are also spreading the word about the dire need for foster
parents. There are too few foster parents anyway, but even fewer from the
professional and business community, and the more good homes foster
children have to go to, the better off everyone will be, they said.
"Ultimately this comes out of all our pockets," Byron Mills said. "And
if this problem grows, this burden will grow for everyone and in myriad
ways."
Stephanie Tavares covers utilities and law for In Business Las Vegas
and its sister publication the Las Vegas Sun. She can be reached at
259-4059 or tavares@lasvegassun.com.
The Night Before CAS
December 24, 2007
Twas the night before Christmas, when all through the house
Not a creature was stirring, not even a mouse.
The stockings were hung by the chimney with care,
In hopes that Saint Nicholas soon would be there.
The children were nestled all snug in their beds,
While visions of sugarplums danced in their heads;
And mamma in her 'kerchief, and I in my cap,
Had just settled our brains for a long winter's nap -
When out on the lawn there arose such a clatter
I sprang from my bed to see what was the matter.
Away to the window I flew like a flash,
Tore open the shutter, and threw up the sash.
The moon on the breast of the new-fallen snow
Gave a lustre of midday to objects below;
When what to my wondering eyes should appear
But an ugly black sleigh pulled by 8 robot deer
With a CAS worker, it made me quite sick
I knew in a moment it wasn't Saint Nick!
More rapid than eagles her coursers they came,
And she hollered and cursed and called them by name.
"Now Slasher! now Danger! now Pouncer and Tricks 'em!
On Rotten! on Stupid! on Dodo and Blitz 'em!
To the top of the porch, to the top of the wall,
Screaming "I want the children - I want them all!
As dry leaves that before the wild hurricane fly,
When they meet with an obstacle mount to the sky,
So, up to the housetop the robots they flew,
With a sleigh full of cops and CAS too.
And then, in a twinkling, I heard on the roof
The scratching and pawing of each little hoof.
As I drew in my head and was turning around,
Down the chimney the CAS came with a bound:
She was dressed up for combat, from head to her foot,
And her clothes were all tarnished with ashes and soot.
A bundle of toys she carried so well,
And she looked like a witch just casting her spell.
Her eyes, how they glistened! her pimples, how scary!
Her cheeks were so wrinkled, her nose was all hairy;
Her thin smirking mouth was drawn up like a bow,
An attempt to look kind, but just like a troll.
Bearing gifts for the children parents could not afford
"Foster care, foster care, all hurry aboard!"
Then in came a lawyer so slickly and quick
I thought for a moment that HE was St Nick.
"No children tonight! No warrent! no order!
Now get out, now get out! and torment no other!
He gave me a wink and nodded his head,
and so let me know I had no more to dread.
He said nothing to me as he finished his job
Making sure they were gone, the CAS mob.
Then glancing around he so quietly said
"All is now well, you can go back to bed"
As fast as he came,as quick he left
Like a phantom, was gone, with a movement so deft
But I heard him proclaim as he faded from sight,
"Merry Christmas to all, keep your children - tonight
Chatham-Kent to Improve Website
December 22, 2007
John Dunn has directed us to another example of progress achieved through
his advocacy on behalf of children in care. The website of Chatham-Kent Children's Services will
be revised to inform readers about the complaint process. So far this kind
of advocacy has only brought small improvements.
expand
collapse
Children's Aid website to have complaint info; Lack of
details criticized by Foster Care director
Chatham-Kent Children's Services is changing its website and the new
one will include complete information about the complaint process.
Chief executive officer Mike Stephens said while the former website
contained information about filing a complaint, there is an additional
method that was enacted in 2006 that is not on the website.
The local children's aid society was recently criticized by John Dunn,
the executive director of the Foster Care Council of Canada, about the
lack of complete complaint information on its website.
"This is something that needs to be addressed immediately to meet the
needs of children and youth in care from being harmed either physically,
sexually or emotionally," Dunn said in an e-mail to the CKCS, which was
forwarded to The Chatham Daily News.
Stephens said the agency responded to Dunn's concerns and explained
that the agency is re-vamping its online presence. The website is
currently under construction.
"There is no legal obligation for us to have it on our website,"
Stephens said.
He noted the information is given freely to people dealing with CKCS.
"All of our clients who would be in a position to make a complaint get
a hard copy of our complaint process," he said.
Stephens said the information that was not on the website deals with
taking a complaint to the Child and Family Service Review Board, an option
clients are told about if a complaint is made.
He said CKCS gets a handful of complaints a year.
"Most complaints get resolved in the first phone call," he said.
Dunn, who works out of Ottawa as an advocate for children in care, said
he noticed the full complaint information was missing while checking the
website for membership details.
Brain Damage
December 21, 2007
A scientific study of Romanian children confirms the obvious, that foster
care is worse than parental care, and institutional care is worse still.
But this time, the researchers measured the difference. Pre-school children
in an orphanage suffer an IQ loss of six points per year relative to foster
children, who in turn suffer a similar deficit relative to children in the
care of their parents. Which form of care serves the best interest of the
child?
expand
collapse
CNN.com
Foster care better than orphanages for kids' IQs
WASHINGTON (AP) -- Toddlers rescued from orphanages and placed in good
foster homes score dramatically higher on IQ tests years later than
children who were left behind, concludes a one-of-a-kind project in
Romania that has profound implications for child welfare around the globe.
This photo, provided by the journal Science, shows an orphanage in
Criova, Romania, in 1994.
|
The boost meant the difference between borderline retardation and
average intelligence for some youngsters.
Most important, children removed from orphanages before age 2 had the
biggest improvement -- key new evidence of a sensitive period for brain
development, according to the U.S. team that conducted the research.
"What we're really talking about is the importance of getting kids out
of bad environments and put into good environments," said Dr. Charles
Nelson III of Harvard Medical School, who led the study being published
Friday in the journal Science.
The younger that happens, "the less likely the child is to have major
problems," he added.
The research is credited with influencing child-care changes in
Romania, and UNICEF has begun using the data to push numerous countries
that still depend on state-run orphanages to start shifting to foster
care-like systems.
"The research provides concrete scientific evidence on the long-term
impacts of the deprivation of quality care for children," UNICEF child
protection specialist Aaron Greenberg said. "The interesting part about
this is the one-on-one caring of a young child impacts ... cognitive and
intellectual development."
That orphanages are not optimal for child development comes as no
surprise. Earlier studies have found that thousands of children adopted
during the 1990s from squalid orphanages in Eastern Europe, China and
elsewhere continued to face serious developmental problems even after
moving to affluent new homes with doting parents.
But questions remain. Were those abandoned or orphaned children who
spent more time in orphanages less healthy to begin with? How much damage
does neglect and lack of stimulation in the early months of life do? How
long does that damage last?
In the study, U.S. researchers randomly assigned 136 young children in
Bucharest's six orphanages to either keep living there or live with foster
parents who were specially trained and paid for by the study. Romania had
no foster-care system in 2000 when the research began.
The team chose apparently healthy children. Researchers repeatedly
tested brain development as those children grew, and tracked those who
ultimately were adopted or reunited with family. For comparison, they
also tested the cognitive ability of children who never were
institutionalized.
By 4½, youngsters in foster care were scoring almost 10 points higher
on IQ tests than the children left in orphanages. Children who left the
orphanages before 2 saw an almost 15-point increase.
Nelson compared the ages at which children were sent to foster care.
For every extra month spent in the orphanage, up to almost age 3, it meant
roughly a half-point lower score on those later IQ tests.
Children raised in their biological homes still fared best, with
average test scores 10 points to 20 points higher than the foster-care
kids.
What does that mean as these children grow up? Just this week an
anxious acquaintance cornered Nelson to ask what to expect of a child who
spent nine months in a Vietnamese orphanage.
"There's much more to functioning in life than your IQ," Nelson
stresses.
Plus, he only now has begun testing these children again as they turn 7
and 8. They might catch up.
For now, Nelson tells adoptive parents, "The older the child is when
they leave the institution, the more likely that child may have some
developmental problems and the more difficult it may be to ameliorate
those problems. ... The message to parents is simply to go into this
with their eyes open, but not to give up."
For the U.S. and other countries that depend on foster care instead of
orphanages, the study has implications, too, because it used high-quality
foster care that is not the norm in many places, Nelson noted. Studies
comparing the impact of foster care of varying quality are under way.
The Romanian government requested the study and began its own foster
care program shortly thereafter. Early study results are credited with
influencing Romania's recent prohibition on institutionalizing children
under 2 unless they are severely disabled.
Escape Utah!
December 20, 2007
A Utah mother, Denise Mafi, has fled the state to avoid losing her
children. One of the few good defenses against child protectors is to leave
their jurisdiction before legal process is served. Sadly few parents take
this advice, because they are unwilling to believe the abuses committed in
the name of children until it is too late. The prospects for Denise Mafi
are better, as long as she never returns to Utah.
expand
collapse
Thursday, December 20, 2007
POLICE STATE, USA
Woman abandons home to escape public schools
Judge ordered homeschooler to enroll kids or lose custody
Posted: December 20, 2007, 1:00 a.m. Eastern, By Bob Unruh,
WorldNetDaily.com
A Utah woman who was ordered by a juvenile court judge to enroll her
children in public school or lose custody of them has abandoned her home,
furniture and other possessions to escape the order.
Denise Mafi, a nine-year veteran of homeschooling, has confirmed to WND
she and her children packed up their essentials – clothes and homeschool
materials – and fled Utah over the weekend, spending more than 50 hours on
a bus trip to an undisclosed part of the country.
There she has obtained an empty home and is spending the Christmas
break trying to find beds for her children and herself. After the New
Year she will involve the children in a local homeschooling process.
"We're shampooing carpets right now. We have no furniture. We have no
beds," she said. "But my kids are not going to public school. They are
not going where Jesus isn't welcome."
Her home, furniture and other possessions left behind in Utah? "I'm
not going back unless the judge removes the threat of arrest," she said.
"I'll fight for the cause but I'm not going to be a martyr."
The case erupted for Mafi because of an apparent paperwork glitch that
could be the fault of her local school district. Now Utah home school
officials say they have asked the state Legislature to review actions by
the judge, whose office has declined comment to WND.
The confrontation developed after Mafi, still married but separated
from her husband, already had begun her homeschooling plan for the
2007-2008 year, for which she had received a district exemption as
required in Utah. She was told she was being accused of four counts of
failing to abide by the state's compulsory education law, with a penalty
of up to six months in jail on each count, because the district alleged
she had not submitted a required affidavit for the long-completed
2006-2007 school year.
Counseled by a public defender, she thought she was meeting the court's
demands earlier when she enrolled her two youngest children in classes in
Utah and put her two older children in an online curriculum connected to
the public school. However, she soon learned otherwise.
"Well everything fell apart in court today. I had to enroll my two
oldest in public school. … If I didn't the judge said I would lose
custody of my children. He threw out the plea and we go to trial on
January 9th. I have NO CHANCE with this judge. He will find me guilty.
He already has. So I will probably be spending some time in jail. Please
pray for my children," she noted in an online forum connected to a "Five
In A Row" homeschool curriculum she had used when her children were
younger.
Scott Johansen
|
At issue are the threats issued by Judge Scott Johansen, who serves in
the juvenile division of the state's 7th Judicial District. Johansen
threw out the agreement Mafi thought would resolve the charges.
Mafi has reported, and her recollection of events has been confirmed by
attorneys, that Johansen told her homeschooling fails 100 percent of the
time and he would not allow it.
"I can tell you there are several legislators working on this,
including one on the judicial retention committee," said John Yarrington,
president of the Utah Home Education Association. "There's no excuse for
this kind of bias and prejudice."
Mafi, who has her own copy of the required affidavit, said she faxed it
to the school district office Oct. 27, 2006. But the district alleged it
didn't arrive, and Mafi failed to keep a fax confirmation she received at
the time.
WND contacted the judge's court, but was told to call the state
judiciary's office. A spokeswoman confirmed the situation was being
reviewed, but she couldn't comment on a pending case. The district
attorney's office didn't return a telephone request for comment.
Tom Smith, however, who identified himself as a friend of the judge,
wrote to WND in his defense.
"I and another local Republican official wrote to encourage Gov.
Bangerter to appoint Scott Johansen, who was a Democrat county attorney at
the time, as a juvenile judge. Scott did not like the partisan politics
at the time, and many of his views today tend to be more conservative," he
said. "I believe he has served our area very well in his capacity of
juvenile judge."
Smith cited an occasion when he was teaching a number of years ago,
when "some in our school wanted to change the method of teaching to a more
liberal way; a method that had not done well in other schools. Judge
Johansen took a stand against it with those of us who opposed the change.
The result was that several of us teachers were not required to make the
change."
Yarrington said a lawyer for the UHEA is working on the case, and
lawyers for the Home School Legal Defense Association are reviewing the
situation.
Mafi said she is hoping she will not be required to return to Utah for
the scheduled Jan. 9 trial, and it was unclear immediately how the fact
her children no longer remained in Utah would affect the charges already
filed.
She has explained that her opposition to public schools comes from what
she sees as an anti-Christian atmosphere. Mafi said she and her husband
had decided homeschooling would be their choice even before the children
reached school age.
As WND has reported, such threats and actions are becoming more common
in Germany, but that nation still makes homeschooling illegal under a law
launched when Hitler expressed a desire to control the minds of youth.
A recent court ruling there, in fact, said not only is homeschooling a
basis for child endangerment charges, but a local government was remiss in
allowing a mother to take her two children to another country where
homeschooling is legal.
Wolfgang Drautz, consul general for the Federal Republic of Germany,
has commented on the issue on a blog, noting the government "has a
legitimate interest in countering the rise of parallel societies that are
based on religion or motivated by different world views and in integrating
minorities into the population as a whole."
Drautz said homeschool students' test results may be as good as for
those in school, but "school teaches not only knowledge but also social
conduct, encourages dialogue among people of different beliefs and
cultures, and helps students to become responsible citizens."
The German government's defense of its "social" teachings and mandatory
public school attendance was clarified during an earlier dispute on which
WND reported, when a German family wrote to officials objecting to police
officers picking their child up at home and delivering him to a public
school.
"The minister of education does not share your attitudes toward
so-called homeschooling," said a government letter in response. "... You
complain about the forced school escort of primary school children by the
responsible local police officers. ... In order to avoid this in future,
the education authority is in conversation with the affected family in
order to look for possibilities to bring the religious convictions of the
family into line with the unalterable school attendance requirement."
Addendum: The family appears to have successfully
escaped the wrath of Utah.
expand
collapse
Saturday, January 12, 2008
POLICE STATE, USA
Homeschooler's trial date abandoned
Mom who fled state accused of failing to file district
affidavit
Posted: January 12, 2008, 1:00 a.m. Eastern, WorldNetDaily.com
A trial date for a homeschooling mom from Utah who fled the state when
a judge threatened to take away custody of her children has been vacated,
officials have confirmed.
A lawyer with the Home School Legal Defense Association, which actually
became involved in the case after it was well advanced, told WND that
parties in the case against Denise Mafi by stipulation had vacated a trial
date scheduled this week, and no new court date has been set.
Mafi had fled her Carbon County, Utah, home after a judge had ordered
her to enroll her children with a public school within a day or he would
remove then from her custody.
Mafi, who at that time had had counsel from a public defender,
abandoned her home, furniture and other possessions to leave Utah and seek
refuge in another state, where she is getting her four children involved
in another homeschooling program.
Mafi told WND she and her children had packed up their essentials –
clothes and homeschool materials – and spent more than 50 hours on a bus
trip to an undisclosed part of the country.
Charges against her stemmed from what she has described as a paperwork
mixup. She says she faxed a required notification of her homeschooling
plans to her local school district; officials there say they never
received it.
While Mafi's case isn't yet fully resolved, officials with the HSLDA
confirm that another situation with similar circumstances was successfully
resolved with the case being dismissed.
In the second case, an unidentified homeschooling mother was facing
criminal counts for failing to enroll her daughter in a local public
school.
"Though the mother had been properly notifying the school district for
the past two years that she was homeschooling her 12-year-old daughter,
she inadvertently delayed notifying for the 2006-2007 school year until
February 2007," according to the organization's report on the situation.
"The district decided that failure to file the affidavit before the
first day of the public school year was an automatic criminal violation of
the state's compulsory school attendance law. Yet Utah's home education
statute does not specify a filing deadline, requiring only that an
affidavit be sent to the district 'annually,'" the HSLDA said.
The case eventually was dismissed with prejudice by Utah Juvenile Court
Judge Elizabeth Lindsley.
According to attorney Frank Mylar, who worked on the case in Utah, the
result "is a great victory for all homeschoolers in Utah."
He said he's hopeful that the message for school districts is that they
cannot intimidate families who may inadvertently file their notice after
the school year begins.
Mylar, president of the Utah Christian Home Educators, also is working
with the HSLDA on the Mafi case, officials said earlier.
When Mafi fled, she told WND she would not return to Utah to retrieve
her furniture and other items unless the threat of her arrest was removed.
But she did confirm she would be available for scheduled court
appearances.
In her new location, she obtained an empty home and spent part the
Christmas holiday period finding beds for her children and herself and
shampooing carpets. But she was adamant about homeschooling.
"My kids are not going to public school. They are not going where
Jesus isn't welcome," she said.
Her plight prompted dozens of WND readers to request a way to make a
donation to her, and HSLDA's own foundation, while not immediately set up
to transfer donations to one specific individual, does recognize that
homeschoolers may have urgent needs, and does respond to those needs.
The case erupted for Mafi because of an apparent paperwork glitch that
could be the fault of her local school district.
Mafi, still married but separated from her husband, already had begun
her homeschooling plan for the 2007-2008 year, for which she had received
a district exemption as required in Utah. Then she was told she was being
accused of four counts of failing to abide by the state's compulsory
education law, with a penalty of up to six months in jail on each count,
because the district alleged she had not submitted a required affidavit
for the long-completed 2006-2007 school year.
Counseled by a public defender, she thought she was meeting the court's
demands earlier when she enrolled her two youngest children in classes in
Utah and put her two older children in an online curriculum connected to
the public school. However, she soon learned otherwise.
"Well everything fell apart in court today. I had to enroll my two
oldest in public school. … If I didn't the judge said I would lose
custody of my children. He threw out the plea … I have NO CHANCE with
this judge. He will find me guilty. He already has. So I will probably
be spending some time in jail. Please pray for my children," she noted in
an online forum connected to a "Five In A Row" homeschool curriculum she
had used when her children were younger.
Scott Johansen
|
At issue are the threats issued by Judge Scott Johansen, who serves in
the juvenile division of the state's 7th Judicial District. He threw out
the agreement Mafi thought would resolve the charges, and then warned her
about losing her children if they were not enrolled in the public school
district, or if they missed class without a doctor's note.
Mafi has reported, and her recollection of events has been confirmed by
attorneys, that Johansen told her homeschooling fails 100 percent of the
time and he would not allow it. Court officials told WND the comments
didn't happen as Mafi reported, but have been unable to provide a
transcript to confirm either version.
Mafi, who has her own copy of the required 2006-2007 affidavit, said
she faxed it to the school district office Oct. 27, 2006. But the
district alleged it didn't arrive, and Mafi failed to keep a fax
confirmation she received at the time.
Hanity on Drugs
December 20, 2007
Sean Hannity with Doug
Kennedy (YouTube) shows the connection between anti-depressants and
violence, suicide and homicide. Many massacres are committed by students on
psychotropic drugs, or recently withdrawn from drugs. The one important
issue omitted is that drugs are often administered under threat of child
removal. The black box warnings discussed in the program are futile when
the drugs are administered by force. You can also view the letter titled The Mental Health Screening of Children
(pdf) by Georgia State Senator Nancy
Schaefer.
Sidebar: Vegetarians Only!
Do you remember the headlines about the ten-year-old girl who massacred
other students with a steak knife? We don't. The principal of Sunrise
Elementary School in Ocala Florida is taking no chances. He has had a girl
arrested for using a knife on her dinner. She admits to being a repeat
offender, and has been charged with a felony.
It is not steak knives that are responsible for school killings. We
suggest going after the drug pushers instead.
expand
collapse
Student Arrested After Cutting Food With Knife
10-Year-Old Charged With Possession Of Weapon On School
Property
UPDATED: 4:08 pm EST December 14, 2007
An elementary student in Marion County was arrested Thursday after
school officials found her cutting food during lunch with a knife that she
brought from home, police said.
The 10-year-old girl, a student at Sunrise Elementary School in Ocala,
was charged possession of a weapon on school property, which is a felony.
According to authorities, school employees spotted the girl cutting her
food while she was eating lunch and took the steak knife from her.
The girl told sheriff's deputies that she had brought the knife to
school on more than one occasion in the past.
Students told officials that the girl did not threaten anyone with the
knife.
The girl was arrested and transported to the Juvenile Assessment
Center.
Addendum: Charges against the knife-wielding
girl were dropped.
expand
collapse
OrlandoSentinel.com
Charges dropped against 10-year-old who brought steak
knife to school
Katie Fretland, Sentinel Staff Writer
1:37 PM EST, December 26, 2007
The State Attorney's Office has decided not to prosecute a 10-year-old
girl who brought a steak knife to school to cut her lunch. After a review
of the child's school record, prosecutors determined charges should be
dropped, Assistant State Attorney Ric Ridgway said today.
Teachers saw the child using a 4 1/2 inch kitchen knife to cut her
steak at lunch on Dec. 13. They notified the Marion County Sheriff's
Office and she was arrested on a felony weapons charge. She was also
suspended from school for three days.
Investigators with the Department of Juvenile Justice then interviewed
the child and looked at her clean school and behavioral record. They
recommended that charges should be dropped and the State Attorney's Office
agreed.
"She has an excellent school history, no disciplinary problems, good
grades and nothing whatsoever to suggest she was a troubled child,"
Ridgway said.
Allison Quets Sentenced
December 18, 2007
Allison Quets has been sentenced. Her story would be rejected for
publication as fiction, because it is too absurd. To summarize:
- Allison Quets became pregnant through expensive in vitro
fertilization.
- She had life-threatening problems during pregnancy, but gave birth to
healthy twins.
- She was cajoled or coerced into consenting to adoption.
- After regaining her health she tried to reclaim her children.
- Lawyers purportedly representing her took a half a million dollars in
fees without getting her children back.
- On a visit with her children, she fled with them to Canada.
- She and her children were forcibly returned to the United States.
- She was incarcerated in North Carolina indefinitely until pleading
guilty.
- She pleaded guilty as her only means of getting out of jail.
- She has been sentenced to five years probation, with severe restrictions
on contact with the family that has taken her children.
- As a convicted felon, she will have no prospect of regaining her
children ever, or resuming her high-paying career.
For earlier stories on this case, refer to
December 29 20006,
January 4, 2007,
April 14 and
Sept 15
expand
collapse
National Post, Tuesday, December 18, 2007
Biological mom gets five years for kidnapping twins
Andrew Thomson, CanWest News Service Published: Tuesday, December 18,
2007
OTTAWA -- Allison Quets was sentenced to five years probation on
Tuesday afternoon for kidnapping her biological twins and crossing the
border to Ottawa in December 2006, according to North Carolina media
reports.
A federal court judge in Raleigh also ordered the 50-year-old to stay
away from two-year-old Holly and Tyler and their adoptive parents without
state court approval and a parole officer present. Quets was fined
$15,000 and must also pay travel expenses to Kevin and Denise Needham, the
reports said.
She must also surrender her U.S. passport.
Quets pleaded guilty on Sept. 14 to two counts of international
parental kidnapping, which carries a maximum penalty of three years in
prison and a $250,000 fine.
She was released after eight months in jail and prosecutors pledged to
recommend a penalty at the low end of federal sentencing guidelines.
On Tuesday, Assistant U.S. Attorney John Bowler accused Quets of
harassing the Needhams with her continued efforts to regain custody,
according to the News & Observer of Raleigh.
Her case gained notoriety once she drove north in her white minivan,
arriving in Ontario on Dec. 23 and spending Christmas at a Kingston, Ont.
bed-and-breakfast before renting a city townhouse.
Ottawa police arrested Quets on Dec. 29, and the twins were returned
to the Needhams.
Federal authorities argued she planned the cross-border trip months in
advance, which included obtaining passports for the children and
contacting a Canadian immigration lawyer.
The complicated story began when Quets undertook a pregnancy by
in-vitro fertilization at the age of 47, while living in Orlando, Fla.
Holly and Tyler were born in July 2005.
Quets has argued she was in medical distress and never intended to give
up the babies one month later to a North Carolina couple, Kevin and Denise
Needham.
She has fought to regain custody ever since.
Ottawa Citizen
Lawyers for Children Sued
December 18, 2007
Nateyonna Banks was taken into state care in Atlanta Georgia. In July
2006 she was returned to her mother, Shandrell Banks. Under her mother's
care, the child was beaten and died on November 9, 2006. Now a lawsuit on
behalf of the child's estate has been launched against the state-appointed
lawyers who represented the child. Money collected would have to go to the
girl's heir, almost certainly the mother who killed her, so this is not a
plea to compensate an innocent party. Of more concern, hurting the lawyers
financially will scare future lawyers into opposing all reunifications of
their clients with their parents.
In Ontario, the Office of the Children's Lawyer already opposes all
reunifications, as projected for Georgia. We have never come across a case
in which a children's lawyer addressed the court saying: "Your worship, I
respectfully suggest that my client's interest would best be served by
remaining in the care of his parents". It can only get worse. Recent legislation mandated public
inquiries into cases such as Nateyonna Banks in which a child dies in
the care of parents after being returned from CAS care. We can expect one
such inquest per year, giving widespread publicity to the dangers of
returning children to their parents. The dozens of children dying each year
in foster homes will remain out of view of the press and the public.
expand
collapse
Suit targets lawyers in tot's death
By ANDY MILLER, The Atlanta Journal-Constitution, Published on:
12/15/07
A 2-year-old Atlanta girl whose death sparked widespread outrage was
placed in a dangerous home because her publicly appointed attorneys failed
to represent her properly in court hearings, a lawsuit alleges.
Nateyonna Banks died in November 2006 after being placed with her
mother, who was charged with beating her to death. The girl's estate
filed suit Friday against Fulton County's child advocate attorney office
and the lawyers who represented her.
Attorney Don Keenan of the Keenan Law Firm, who filed the suit in
Fulton state court, said Fulton's Office of the Child Advocate Attorney
failed to fully investigate Nateyonna's mother, Shandrell Banks.
Keenan said Banks had a history of Fulton's Department of Family and
Children Services removing her children, had a mental illness and had a
drug possession conviction.
The child advocate attorney office is understaffed, underfunded and
overworked, Keenan said, citing a University of Georgia study.
"That safety net had a huge hole in it, and Nateyonna fell through and
died,'' Keenan said. He compared child advocate attorneys to ''potted
plants'' during Juvenile Court proceedings on Nateyonna Banks' placement.
Keenan said he hopes the suit helps repair the legal safety net for
children. It seeks unspecified damages to be awarded to Nateyonna Banks'
estate, including to her five siblings.
Fulton County and its child advocate office, through a spokeswoman,
declined to comment on the lawsuit. Three attorneys who handled
Nateyonna's case could not be reached for comment.
Also named as a defendant is a company contracted with DFCS as a case
management agency that handled the Banks case. The company, Family Ties
Enterprises, did not return a phone call requesting comment on the suit.
Shandrell Banks had given birth to Nateyonna while incarcerated on a
cocaine possession charge. She had already had two of her children
removed from her care.
Nateyonna's great-aunt, Carolyn Banks, had raised the girl since
infancy. She approached the state child welfare agency seeking financial
help raising Nateyonna in May 2006.
Fulton County DFCS workers agreed the child should be placed with
Carolyn Banks.
But supervisors overruled that decision and recommended placing the
child with the mother, which occurred in July 2006.
DFCS Director Mary Dean Harvey later said, ''It was poor
decision-making.''
Nateyonna Banks' death caused a shakeup in DFCS.
Keenan said Friday's suit was the first civil litigation in the country
naming a governmental child advocate legal department in a suit alleging
incompetence.
He cited a Carl Vinson Institute of Government study that found in
about half of the cases, Fulton County child advocate attorneys did not
review DFCS case documents. In more than 60 percent of cases, child
advocate attorneys did not interview at least one family member.
Lawyers in the Fulton County office had an average caseload much higher
than recommended, the study said.
Notes from a case management worker reported that two months before
Nateyonna died, Shandrell Banks was feeling ''overwhelmed at times'' and
''more and more despair.'' In October, the child had a swollen face and an
eye that was closed, the case worker reported.
DFCS is not a defendant because suing the agency is futile, Keenan
said, adding that he would rather focus ''on the lawyers that should have
done their job.''
"I assume DFCS is not going to do its job,'' he said. "The courts
demand — we demand — these kids get effective lawyers. We can't trust
DFCS to do their job.''
Family Courts Worse than Communism
December 18, 2007
Professor Stephen Baskerville writes on family law in America, but he
could have just as well said Canada or England or Australia. Family law
does not attempt to dispense justice, replacing that goal with "the best
interest of the child". In the final paragraphs, he recounts the
experiences of refugees from eastern European police states. They report
that American family courts are harsher than the worst that eastern Europe
had to offer.
expand
collapse
TOTALITARIANISM IN AMERICA
By Stephen Baskerville, Ph.D, December 18, 2007, NewsWithViews.com
Mass incarcerations without trial or charge; forced confessions;
children forcibly separated from their parents with no reasons given;
doctored hearing transcripts and falsified court records; evidence
fabricated against the innocent; government agents entering the homes,
examining private papers and personal effects, and seizing the property of
citizens who are under no suspicion of legal wrongdoing; special courts
created specifically to convict people who cannot be convicted in ordinary
courts; children instructed to hate their parents by state functionaries:
Is all this the Soviet Union in the 1930s or Communist China in the 1960s?
Is this some novelist’s prognosticated dystopia? No, all this and more is
routine in the United States today.
Among the most disturbing tales to come out of totalitarianism were the
revelations of how both Nazi and Communist governments intruded into
family life. The practice of governments dictating to parents what they
could tell their children or using children as informers against their
parents strikes us as chilling and unnatural. Yet similar practices are
occurring in America today on a much more massive scale.
What we are talking about here is family law, a secretive political
underworld of which few are aware until it strikes them. Parents summoned
to family court discover that their children can be taken away, they can
be forced to turn over all their property without explanation to
government officials and their private clients, their future earnings can
be confiscated to the point where they are unable to house or feed
themselves, and they can be incarcerated without trial – all without any
evidence or even charge that they have committed any actionable offense.
Unlike any other court, family courts do not even pretend that they are
concerned with justice. They claim to determine “the best interest of the
child” in divorces or other cases where one party is trying to take away
someone else’s children. It is not necessary for the parent or parents
whose children are targeted to have done anything legally wrong. Because
most parents will spend any amount of money not to have their children
taken away, these courts are very lucrative for lawyers and others who
have developed a stake in taking control of other people’s children.
Traditionally, parents determined what was best for their own children.
Now courts make that determination, over the objection of parents who have
done nothing to forfeit the right to make it themselves. Once courts stop
administering justice, they start administering injustice; there is no
middle ground. Without justice, asked St. Augustine, “What are kingdoms
but great robberies?”
Never before in human history has any government created a machinery
whose primary purpose is to take children away from their parents. The
Nazis and the Communists both did it. But it was not their principal aim.
In America, we have created multibillion dollar machinery that exists for
no other purpose.
The very idea of incarcerations without trial should be raising an
outcry and have us demanding to know what is taking place in the world’s
greatest democracy. Yet we hear nothing but silence from journalists,
self-styled civil libertarians, and “human rights” groups.
Conservatives have allowed this to happen by credulously swallowing
feminist propaganda about “deadbeat dads,” “pedophile” fathers, and
wife-beaters. Having given the Left a monopoly as gatekeepers of the Bill
of Rights and civil liberties, conservatives can hardly be surprised that
they stand defenseless as the Left targets the family, fathers,
Christianity, and other “patriarchal” institutions.
The erosion of our freedoms today is so gradual that few can find
tangible points at which to oppose it. But here we have an attack on
freedom that is much more direct than culture; it involves a direct
assault on private family life by a dangerous government machinery. Until
we wake up to the fact that radical feminism is a totalitarian ideology
and that the family courts are executing the feminist Terror, we will
never reverse the family’s decline.
Facile parallels with totalitarian dictatorships drawn by westerners
who never experienced those terrors are a much-abused form of criticism
and one to which conservatives are especially susceptible. Yet in this
case, survivors of those dictatorships readily attest to the similarity.
Bogumila and Jerzy Koss compare New York’s family courts to the
bureaucratic tyrannies they knew in Poland. “As children we lived through
Nazi horror, then through Communist occupation,” they write, “and now, in
the United States, the ‘Land of the Free,’ we are persecuted by judicial
tyranny.” But in contrast to Nazi and Stalinist regimes, which used
children as one weapon among many, today in the Western democracies
children and families have become the central object of government
tyranny, and parents rather than dissidents have become the targets.
After experiencing American family law, Romanian dissident Mihai Muset
gained a new perspective on totalitarian justice under communist dictator
Nicolae Ceausescu, by whose regime he had been arrested for a protest. "I
was sentenced to two months in prison," he recalls, "but at least I got to
appear in court and talk to the judge. That's more than I got in family
court."
Stephen Baskerville holds a PhD from the London School of Economics and
is president of the American Coalition for Fathers and Children and
ssistant professor of government at Patrick Henry College his book, Taken
Into Custody: The War Against Fathers, Marriage, and the Family
(Cumberland House, 2007).
Web Site: www.stephenbaskerville.net
E-Mail: sbaskerville@cox.net
Foster Care Damage is Permanent
December 16, 2007
The three children of Tim and Gina Williams were taken by British child
protectors. When an appeals court ruled in their favor two years later, the
children were returned, but they were not the same kids. The family now
lives in constant fear. This case shows the futility of trying to undo the
damage caused by wrongful intervention in the name of child protection.
expand
collapse
The Daily Mirror
Pain of social work sex slur family
Exclusive by Julie McCaffrey 15/12/2007
There was supposed to be a happy ending, but for now the scars run too
deep.
When Tim and Gina Williams' three children were taken into care, the
Mirror described their story as "every parents' nightmare".
Wrongly accused of sexually abusing their children - two girls and a
boy all under 10 at the time - the couple were finally vindicated and
reunited with their little ones.
But by then their children had spent two agonising and utterly
unnecessary years in care.
And now, more than a year after their children were returned to them
and they were absolutely vindicated in the High Court, a damning report is
to be released listing 32 recommendations that might ensure such an
appalling blunder by a social services department never happens again.
The Newport Safeguarding Children Board's full report will remain
confidential. But the summary heavily criticises Newport City Council,
the Gwent Healthcare NHS Trust and the Gwent police.
Tim and Gina, 38, from Newport, South Wales, want the board to publish
the damning faults in full.
But for now they hope the report will ensure no other families endure
such living hell.
Tim, also 38, says: "Of course we're still angry at how we've been
treated. Of course we're bitter. But we've never been interested in
pointing the finger at individuals who made mistakes.
"We just want to know that serious lessons have been learned and that
no one suffers like our family. We wouldn't want our worst enemies to go
through what we did."
Sadly, the suffering is far from over for the Williams family.
Tim and Gina believe Zara, now 13, Ieuan, 10, and eight-year-old
Courtney - whom the family call Buffy - have been damaged by their years
in care.
Gina explains: "Our children are so different since they came back to
us, it's like having three little strangers at home.
"None can bear to have us out of their sight because they think we
won't come back. They believe they were taken into care because we didn't
love or want them any more."
Zara had always been happy at school before being taken into care but
now her teachers say she can be disruptive and can't settle in class.
Ieuan, once a sensitive little boy, has become an angry child who
screams, shouts and hits out at doors and walls. He plays with the boy
next door, but won't venture beyond that.
Recently, leaving for a week's school trip to an adventure park, he
sobbed so much as the bus pulled away that his parents wanted to take him
off.
He was terrified he was waving goodbye to his mummy and daddy for the
last time.
Buffy, meanwhile, is too scared to go to sleep in case she wakes to
find her parents gone, and tiptoes into their room in the middle of the
night to check that Tim and Gina are still there.
She's reluctant to leave their side, choosing to play with dolls and
colouring books in the living room rather than in her pink bedroom. She
cries each morning as she says goodbye at the school gates.
"All three are extra clingy and constantly fight for our attention,"
says Tim, who has a heart condition and cannot work.
"If they don't see us at the school gates the moment the bell rings
they freak out, so we have to get there 10 minutes early and stand in
exactly the same spot. We take them everywhere with us because they
refuse to go to babysitters. But whenever we see the children angry or in
tears, we have to remember that it's not their fault.
"They were ripped from us and still don't understand why. They think
it was because they were naughty, even though we've tried to explain it to
them as best we can."
The family's terrible ordeal began on May 15, 2004. An 11-year-old boy
had been invited to play with the children in the paddling pool and later
in the day he and Buffy were sent to change out of their swimming gear and
into their bed clothes.
But when Tim went upstairs he found the boy, minus his pyjama bottoms,
on top of his five-year-old daughter whose nightie was above her waist.
Furious, he called the police who were followed by social services.
And there began the chain of events that ripped the family to pieces.
Weeks later, Buffy sat with her mummy in hospital while she winced and
sobbed as she endured an internal examination. The results devastated her
parents.
The doctor said Buffy was the victim of chronic sexual abuse by an
adult. Tim immediately became a suspect.
The medical report also said the abuse might have been caused by an
implement, thereby also casting suspicion on Gina.
It wasn't long before social services called at the family's terraced
home, wanting to take the children into care. "They said if we didn't
hand them over they'd get a court order to take them from us," says Tim.
"After three sleepless nights and endless hours of talking, we felt
forced to agree to their demands."
Banned from discussing details of the investigation with their
children, Tim and Gina drove their distraught children to the social
services office, telling them they were going on a little holiday.
Staff whisked Zara, Ieuan and Buffy from their parents' arms as soon as
they arrived. They were not even allowed to say goodbye and heard screams
of "Mummy! Daddy!" even after they'd left the building.
Over the next bleak two years, Tim and Gina saw their children for
90-minute supervised sessions each week. They missed milestones such as
birthdays, learning to ride bikes and school plays and two Christmasses
spent in terrible, lonely misery.
This year Tim and Gina have again spent more than they can afford on
Christmas.
"All we ever wanted was our kids back where they belonged," says Tim.
"Of course we spoil them, we can't help it because we feel we have to make
it up to them."
Jessica Good, solicitor for the family, is still fighting their corner.
She says: "Brushing things under the carpet does not help. We will
take all the possible steps to secure publication of the full overview
report. I hope Tim and Gina can discover the truth about why this
happened to them."
But for now, Christmas is a chance to forget for a while.
Ieuan is secretly trying to rip the corners of the Transformer wrapping
paper to peek inside a giant present under the tree.
Buffy has knocked a bauble to the floor and Zara almost stands on it in
stocking feet.
Within seconds the three are shouting at each other and the Williams'
house is filled with the noise of excited, argumentative children. And
that's exactly how they like it.
In care According to the Association For Adoption And Fostering there
are 60,000 kids - equal to 150 primary schools - in care.
Our two years of torment
How the family's nightmare unravelled...
MAY 15 2004
Tim calls police when 11-year-old boy found on top of five-year-old
Buffy.
JUNE 8 2004
Buffy is examined in hospital.
JULY 26 2004
Hospital examination results cast suspicion on Tim and Gina.
AUGUST 23 2004
Children taken into care.
APRIL 29 2005
Local authority applies for court order to ensure children remain in
care.
SEPTEMBER 22 2006
Children returned home after Buffy is re-examined by an American
doctor, who insists she was not abused.
OCTOBER 17 2006
High Court judgement passed, rejecting allegations of abuse.
DECEMBER 14 2007
The Newport Safe guarding Children Board's report criticises Newport
City Council, the Gwent Healthcare NHS Trust and the Gwent police.
|
Kiddie Shrinks Use Fear Marketing
December 16, 2007
In New York the shrinks who put labels on normal or gifted children
have resorted to fear to sell their unnecessary services. The
threats in the form of ransom notes will fall flat with families
who have already received real-life ransom demands from their local
child protection agencies.
expand
collapse
Clicking on one of the paragraphs below will bring up the
image used in the campaign.
We are in possession of your
son. We are making him squirm and fidget until he is a detriment to
himself and those around him. Ignore this and your kid will pay…ADHD
We have your son.We are
destroying his ability for social interaction and driving him into a life
of complete isolation. It's up to you now…Asperger's Syndrome
We have your son. We will
make sure he will no longer be able to care for himself or interact
socially as long as he lives. This is only the beginning…Autism.
We have your daughter. We
are forcing her to throw up after every meal she eats. It’s only going to
get worse. --Bulimia
We have taken your son.
We have imprisoned him in a maze of darkness with no hope of ever getting
out. Do nothing and see what happens…Depression
We have your daughter. We are
making her wash her hands until they are raw, everyday. This is only the
beginning…OCD
Our response:
To: Children's aid societies, psychiatrists, therapists, social
workers, divorce lawyers, coroners, group home operators and Office of the
Children's Lawyer: We know who you are. We will continue to expose your
malfeasance and racketeering until you no longer have the money and power
you need to hold our children for ransom.
Addendum: On December 19 the campaign was
abandoned for being too controversial.
expand
collapse
The New York Times
December 20, 2007
Ransom-Note Ads About Children’s Health Are Canceled
By JOANNE KAUFMAN
The Child Study Center at New York University said on Wednesday that it
would halt an advertising campaign aimed at raising awareness of
children’s mental and neurological disorders after the effort drew a
strongly negative reaction.
The two-week-old campaign, created pro bono by the advertising agency
BBDO, used the device of ransom notes to deliver ominous messages
concerning disorders like autism, depression, bulimia and
attention-deficit hyperactivity disorder.
The note about autism, for example, read: “We have your son. We will
make sure he will no longer be able to care for himself or interact
socially as long as he lives.”
Advocates for children with autism and for other special-needs children
said the ads reinforced negative stereotypes.
“While many individuals spoke to us about the need to continue the
campaign, inadvertently we offended others,” said Dr. Harold S.
Koplewicz, the Child Study Center’s founder and director, who estimated
that he had received 3,000 e-mail messages and phone calls. Thirty
percent of those praised the initiative, he said, and 70 percent expressed
anger and hurt.
“One woman was crying to me on the phone that she felt alone and
ashamed about her child and thanking me because the campaign captured how
she felt,” he said. “But we also heard from some parents who are working
day and night to help their children, and the way they read the ransom
messages was that they weren’t doing enough.”
Ultimately, Dr. Koplewicz said, “I was concerned about the focus of
the debate being on the ads rather than on the children.”
Kristina Chew, founder of the blog Autism Vox and the mother of a
10-year-old son with autism, praised the decision. “I’m very glad the
campaign is over,” she said.
Dr. Koplewicz said he had “started conversations” with critics of the
ransom-note ads. “They said they felt our intentions were good and they
wanted to help, so we want to hear their voices as we start to plan the
next ads with BBDO.” The goal is to introduce a new campaign in the next
three months.
He said that the decision was made by the Child Study Center with no
pressure from N.Y.U., and he maintained that, despite the negative
publicity, no ground had been lost.
“It’s the first time that the issue of children’s mental health has
gotten national attention without being precipitated by a shooting at a
high school or college,” he said.
Culture of Suspicion
December 15, 2007
A discussion on a private forum dealt with the subject of the feelings of
the victims of CAS child theft. Participants spoke of anger, torment,
guilt, shame fear, hate, disgrace and disappointment. CAS targets develop
the same habits as eastern Europeans under communism, constantly wondering
who to trust, and who not. Our previous research indicated that losing a
child to abduction was more painful than seeing a child die. Below are
comments by two of the participants, copied with permission.
expand
collapse
luvmykids
My spouse and I have three children who were never abused but taken
away anyway cause the grandparents who are abusive and criminals said so.
We had a beautiful family and I'm not sure if we are going to get them
back or not but if we do I'm afraid of all the damage that may have been
done to our children. I'm afraid we won't be the family we used to be.
My youngest son who is just turning 4 doesn't understand why he was taken
from his loving parents and older siblings. So far we have missed almost
a year of our children growing and learning, birthdays and the youngest's
first day of school. The CAS are abusive and emotionally traumatizing
hundreds of families. When are they going to be held responsible for all
the damage they have done?
Sela
I lost everything. I lost my children. My husband, as I knew him. I
lost my closest family members....., my friends. My closest friend even.
I lost my life as it was.
My neighbours wouldn't speak to me and gave me dirty looks.
Sela
I used to be a fairly trusting person. I didn't have a hard time
trusting people and I gave most people the benefit of the doubt.My trust
has now been deeply and violently violated, by so many people that I have
a hard time trusting anyone. My life seems severely altered. Without
trust it is very difficult to for many kind of relationship with others.
This is a major effect that I have suffered at the hands of liars,
back-stabbers, betrayers and the CAS who did not attempt to sort out the
truth.
I am hardly interested in making new friends, where before I was
well-liked and I loved my friends. But now I get irritated easily by
people. I find myself wanting to distance myself, rather that trying to
make friends.
I am now suspicious of almost everyone.
How to Train Prostitutes, Criminals and Addicts
December 14, 2007
An article in a Vancouver magazine shows that the province's foster care
system is a training ground for the next generation of social misfits. Half
of mass-killer Robert Pickton's victims were former foster kids. Leaving
more kids with parents is suggested as the best remedy.
expand
collapse
Neglected by the province, foster care is a fast track to
the streets
By Pieta Woolley, Publish Date: December 13, 2007
A veteran of Downtown Eastside street life, Jody Coyen says the
abuse that drives kids into the foster care system could be
addressed with better social supports.
|
Jody Coyen isn't surprised that half of the women Robert Pickton is
guilty of killing are alumnae of the provincial foster-care system. At
34, she's already a veteran of the Downtown Eastside's street life and was
friends with many of the missing women. In an interview at the Ovaltine
Cafe on December 11, Coyen told the Georgia Straight that "most people
down here have the same story. They were abused as children, come from
alcoholic homes, stayed in foster care."
In fact, 65 percent of people who live on the street are former kids in
care, according to a study commissioned by the B.C. Federation of Foster
Parent Associations. The statistic chills the federation's president,
Melanie Filiatrault. Having fostered 42 children, she knows some of them
are not making good choices and are vulnerable, just like Pickton's
victims.
"It just makes my heart ache," she told the Straight in a phone
interview. "It's almost criminal."
Filiatrault is travelling around B.C., asking foster families what
supports they need to help kids in care make better choices. It's an
ongoing project, she said, as foster parents know "the names, addresses,
and phone numbers of tomorrow's homeless".
About 9,000 children and youths are in the care of the Ministry of
Children and Family Development, according to its Web site. At the
University of Victoria, the Promoting Positive Outcomes for Youth From
Care project studies what happens to youths after they graduate from the
system at 19. It found that within 2.5 years after leaving: 85 percent
had been charged with a crime; 38 percent had been diagnosed with
depression; and 41 percent reported using marijuana at least a few times
per week. Just 21 percent of youths in care graduate from high school,
compared to 78 percent across the province.
On November 26, the provincial child and youth officer, Mary Ellen
Turpel-Lafond, released a report that found that only 18 of retired judge
Ted Hughes's 62 child-protection recommendations had been implemented
since they were accepted by the government in April 2006. The
recommendations grew out of a review of the entire child-welfare system,
precipitated by the 2002 Port Alberni beating death of foster child Sherry
Charlie. Earlier this month, the B.C. Liberals refused to increase
Turpel-Lafond's budget. She had asked for $6.558 million for 2008-09 but
received one-third less.
In light of Turpel-Lafond's report and the Pickton case, the province
should play a much bigger role in keeping its children in care from
becoming victims, Adrianne Montani told the Straight in a phone interview.
Montani is the provincial coordinator for First Call: B.C. Child and
Youth Advocacy Coalition. The bigger role will require lighter case loads
for social workers, better welfare rates, better budgets for children's
services, and a commitment to fund the Ministry of Children and Family
Development on the basis of need rather than arbitrarily, as happens now,
she said.
"The research tells us that being in foster care is a prognosis for a
big vulnerability to an unproductive life," Montani said. "People end up
very, very fragile and vulnerable, so they self-medicate as there's so
much pain when you're taken away from your family."
She noted that there are plenty of excellent foster parents and some
not-so-great ones. But the real problem with the system is that kids are
taken away from their parents in the first place, and that creates a base
of instability that is difficult to repair.
Realistically, Montani said, some children will always need to be
apprehended, as their families cannot care for them safely. However, she
said, the number of apprehensions could be cut dramatically if B.C.
families were supported properly. Income assistance does not provide
enough money to feed kids a proper diet, she said, which makes those
families vulnerable to apprehension. The minimum wage is so low, families
can barely afford proper clothing and furniture–again, making them
vulnerable to apprehension. An accessible child-care system would help
families dramatically, she said.
Indeed, the executive director of the B.C. Association of Social
Workers, Linda Korvin, said there has always been a lack of political will
to care for children and youths properly.
"The system has been underfunded since long before my time," she told
the Straight in a phone interview. "It's because they're people without a
voice.…I think the public cares when there's a tragedy [such as the
homicide of Savannah Hall], but when it's not in the news, people go on to
other things. There's not enough consistent public pressure."
Coyen said she wishes the government had intervened when she was a
child. Physical abuse, sexual abuse of both her and her brother, and an
alcoholic mother pushed her into addiction by the time she was a young
teen, she said. Had her mom received some parenting support, she said,
her life might have turned out differently.
Staffer Hated Group Home Work
December 14, 2007
A blogger signing her post "Lindsay" describes life as a group home
worker. The constraints of the job foster negative attitudes toward the
work. It is no wonder the inmates do not make progress.
expand
collapse
Thursday, December 13, 2007
Kinda crazy news for me a couple weeks ago. Before I got the job that
I have now, I worked in a female adolescent residential facility, or in
layman's terms, a group home for youth that have been placed into the
Children's Aid Society's care. It was a shitty job. Most people in my
field do put their time in there, but never usually last long because the
pay is shitty for the work we do. And there's no where to move with it,
and the burn out rate is incredibly high! I was working with 6 girls,
ranging from 13-18. Anyways, I came to find out that one of my girls was
involved in a murder a couple weeks ago. She stabbed a girl over a fight
about a boy. I could not believe it. She was 13 when I was with her, and
now she's 18. I was just completely shocked! I know that often group
home kids do not turn their life around, and end up living on the streets,
or following the same chaotic life cycle that they are used to. Anyways,
needless to say, I've seen a few interviews that the girl has given and
she has not changed a bit. She was all about me when I knew her, and that
seems to be the case now. She's looking for her 15 minutes of fame, and
unfortunately she thinks that negative behaviours are the way to get it.
So that was kind of interesting. On the news one night, they were
interviewing street kid that was friends with the girl that was killed,
and here it was another one of my girls from the group home. Kinda sad
when you see them now and see that they haven't turned it around.
Lindsay
Jail for Grandpa
December 13, 2007
The British prison system is short of space for murderers and rapists,
but has found room to house grandfather Charles Roy Taylor for the offense
of meeting his own grandson.
Jack Frost, who brought attention to this case with internet articles in
October, says Britain has 200 cases a year of persons jailed by family courts in
secret proceedings.
expand
collapse
From The Times, December 13, 2007
Free the 'Grandfather One'
Is it really in the public interest that a grandparent is
jailed for not avoiding his grandson?
Camilla Cavendish
Two MPs have put down an early day motion in the House of Commons to
bring attention to what they believe is a miscarriage of justice. It
notes that a man named Charles Roy Taylor has been sent to prison for 20
months for being in contact with his stepgrandson. It “wonders if this is
a good use of scarce prison resources; and calls for the Secretary of
State for Justice to consider whether he should be released for
Christmas”. Jack Straw no doubt has bigger things on his mind. And no
story like this is ever as simple as it looks. But it deserves attention.
Charles Roy Taylor is a 71-year-old with a heart condition. He knew
that a jail sentence was the penalty he might pay if he did not take steps
to avoid his stepgrandson. But this seems desperately unfair. The
teenager, whom we shall call John, has been in care since his mother died
of an overdose. He has been phoning his grandparents and running away to
see them for some time. In the end, social services became concerned that
the grandparents were “undermining the care plan” by continuing to see
John. It does not appear to be clear to the grandparents what the care
plan is. But it does not seem to include them, even though they could
presumably be John's first port of call when he leaves the care system at
18.
It is not the local authority's fault that this child had a difficult
childhood. In taking responsibility for him, social workers were doing
their best. Neither he nor his grandparents sound like the easiest people
to deal with. But as in so many cases of this kind, bitterness between
the family and the authorities appears to have escalated into a ludicrous
situation, which simply cannot be in the best interests of the child.
After a great deal of argy-bargy that I cannot go into for legal
reasons, Mr Taylor last year gave an undertaking not to communicate with
John until he was 18. But asking a man not to pick up the phone to a
child, not to take him in when he turns up at the front door, is a harsh
demand. It is tantamount to asking him to deny that the child exists,
when what that child may need most is attention.
In stalking cases, when Person A is ordered to avoid Person B, it is
usually at the explicit request of Person B, who fears assault. In this
case, Person B was apparently desperate to see his grandparents. He seems
to see them as his best hope. So in whose interests was such an order?
If he has broken his undertaking, Mr Taylor has surely been responding as
humanely as most of us would. A jail sentence seems wholly
disproportionate.
When I first learnt of this case I felt that there must be more to it.
That perhaps the grandparents were suspected of abuse. I can find no
evidence of any such allegation. Indeed, the authorities initially seemed
happy to leave them in contact with John. What appears to have happened
is that the exchanges between the family and social workers became
increasingly bitter, all of whom no doubt believed themselves to be in the
right.
The council cannot comment on individual cases. It will say only that
“Mr Taylor was sentenced by the High Court after he breached a court
order”. It cannot comment on John's treatment in care. John seems
unhappy. He has apparently asked to be discharged. But his voice can
only be heard within the system, a system he seems determined to rebel
against.
There is a growing campaign on the internet to release Mr Taylor. This
has two parts. The first is that a 20-month jail sentence is preposterous
when the prisons are so overcrowded that dangerous criminals are being
released early. The second is that Mr Taylor was allegedly committed to
jail in a “secret court”. This seems unlikely. But it is an allegation
that is made frequently. Legally, you cannot send someone to jail in a
secret court. In practice, it is questionable whether a judge sitting in
a family court from which press and public are excluded, who declares the
court open for a few minutes to pronounce sentence, is really “open”.
This matters, because the view of the legal profession increasingly
seems to be that the less we know the better. The justification for
keeping family courts closed, despite the recommendations of the Commons
Constitutional Affairs Select Committee, is to protect children's privacy.
Yet this argument is no longer confined to the family courts. It is
increasingly being trotted out in criminal cases too.
In the past month, one court has ruled that the defendants in a
witchcraft trial, who were alleged to have done unspeakable things to
children, could not be named in case this led to the identification of
their victims. Another court banned publication of anything about a
mother accused of poisoning her child with salt, in case the information
affected her surviving child. The Times has recently succeeded in
overturning yet another ruling, that a man who pleaded guilty to making
indecent images of children could not be named in case his relatives might
suffer. The Court of Appeal found that the man should be named, and that
the attempts to restrict the proceedings were invalid.
The law must not become a secret process. Some lawyers seem convinced
that the media want to identify vulnerable children, but it is always
possible to write these stories without doing so. Seeing that justice is
done is a fundamental part of law.
What is sad is that our elaborate system of child protection, which is
designed to put children first, has sometimes become a way of avoiding
accountability. The two MPs are right to ask whose interests Mr Taylor's
jailing serves. Presumably, the last thing John wants is for his
grandfather to be in jail. They are both victims of a system that asks us
to take on trust that it knows best. But prison is surely the wrong place
for Charles Roy Taylor.
Multiple Abuses by Halton CAS
December 12, 2007
In conjunction with the Barb Turkowska case (below), Canada Court Watch
has posted a number of other problems with Halton CAS.
- A family was broken up in January 1995. When the clergy intervened to
urge reunification, CAS threatened the church. A letter from Brian
Pearson summarized the case. The family has not been reunited, even in
2007.
- Within the past two weeks a teenager in the care of Halton CAS gave a
video statement to Canada Court Watch. She reported being beaten and
robbed while inside a CAS supervised facility.
- Within the past week, Halton CAS has refused to provide a membership
list, as required by the Corporations Act. Canada Court Watch hints
they may be concealing irregularities in the list.
The full story is posted on the Canada Court Watch home page in the
entry for December 12, 2007. Below you can expand the letter of Brian
Pearson.
expand
collapse
The original has a handwritten note:
PLEASE NOTE
Names of family erased because of court order banning identity
of child + family.
Where the original had an erased name, we have inserted
[surname], [mother], [father] or [daughter].
The letter is on the letterhead of:
St Stephen's Anglican Church
1121 - 14th Avenue South West
Calgary, Alberta T2R 0P3
April 12, 2000 |