|
|
|
help
collapse
Press one of the expand buttons to see the full text of an
article. Later press collapse to revert to the original form. The
buttons below expand or collapse all articles.
expand
collapse
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 be
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
To whom it may concern:
I am pleased to provide this statement regarding my dealings with the
Children's Aid Society through 1995 in support of and, at times, on behalf
of the [surname] family, members of St Simon's Anglican Church,
Oakville, where I was rector from 1992 to 1997.
The unfolding of the circumstances involving the [surname]s
and the Halton Region Children's Aid Society, right from the beginning,
revealed to me a shocking abuse of power on the part of the CAS, a callous
disregard for fair process, and an unwillingness to make any attempt to
reintegrate [daughter], the [surname]'s daughter, with
her family following her removal from the home in January, 1995. Instead,
[daughter] became a pawn in the battle of wills between
[father], her father, in his attempts to see her receive proper
medical and psychiatric attention, and the CAS, who seemed solely
concerned to protect their reputation after a botched handling of the
case.
My involvement with the family has been documented elsewhere (in
separate statements including those dated January 26, June 26, September
18 and December 10, 1995). This statement concerns my attempts on their
behalf to effect a breaking of the impasse that existed between the family
and the CAS as the case entered the fall of 1995.
In the fall of 1995, Irene Richards, a church member well known to the
[surname]s, and I visited Ann Mulvale, Mayor of Oakville, outside
the Halton Region council chambers. Ms Mulvale was aware of the
circumstances involving the [surname]s and the CAS and was
offering to help us gain access to the Board of Directors of the Halton
Region CAS through Ron Carter, a Regional Councillor and a member of the
CAS Board, in order to raise our concerns that the family had never
received a fair hearing. She introduced us to Ron Carter, who promised to
take our concerns to the next Board meeting. The result of this
intervention on our behalf, conveyed to us by Ms Mulvale, was that Mr
Carter was told at that meeting that this was one of the "worst cases of
abuse the CAS had ever dealt with". No further information was offered
substantiating this claim and Mr Carter felt no choice but to withdraw his
questions.
In November, 1995, I sought an appointment with Terrance Young, MPP for
Oakville North, to seek his help in pressing for a full investigation into
the case by the Minister of Community and Social Services. He agreed to
meet with the [surname]s and then, having done so, promised to
help in contacting the Minister's office. However, following a phone
conversation with CAS director Ron Coupland the next week, Mr Young
suddenly withdrew his support. Mr Coupland had reiterated to Mr Young
that this was one of the "worst cases of abuse the CAS had ever dealt
with". Furthermore, in reference to a current media report from the US
about a Sri Lankan man kidnapping his intended bride, Mr Coupland had
added, "Maybe they do that sort of thing there!". Mr Young asked that
neither he nor Mr Coupland be quoted, but said that with this new
"evidence" he could no longer offer to help the [surname]s in
their quest for a fair hearing.
But most significant was a meeting that took place on September 26,
1995, in the office of the Right Reverend Walter Asbil, then Bishop of the
Anglican Diocese of Niagara. In attendance were the Bishop himself, Rob
Welch, diocesan Chancellor (legal advisor to the diocese), Archdeacon
Ralph Spence, myself, and two lawyers: David MacKenzie, representing the
CAS, and Megan Pallett, representing the child, [daughter]. The
meeting had been sought by David MacKenzie in the wake of some damaging
public comments that had been made by local Anglican churches about the
CAS in relation to this case.
At this meeting several revelations were made about the relationship of
the CAS to the diocese. One was that the church could expect to "have egg
on its fact" for attempting to take up the [surname]s' cause.
Another was that, should the father, [father], fail to be reigned
in in his fight with the CAS, he could "lose his daughter forever". Both
of these seemed to be veiled threats directed at the church should it
continue to help the [surname]s press for a fair hearing.
At the same meeting, both David MacKenzie and Megan Pallett agreed that
the issue was no longer whether or not abuse had taken place; the issue
was protecting the child because the believed abuse had taken
place, causing the CAS to step in on her behalf. Megan Pallett agreed
that, in any case, steps ought to be taken to reintegrate
[daughter] with the family through visits arranged with her
mother, [mother]. This reintegration has never taken place, now
more than five years later.
At every turn, as these events show, the CAS, from early on, sought to
discourage and dissuade those who sought to raise questions about its
handling of the case and who supported the [surname]s in their
quest for a fair hearing. This did nothing to assuage the concerns of
many people, myself included, that the CAS was more interested in
protecting itself than it was in protecting and working for her
reintegration into her family.
Respectfully,
/signed/
Brian E Pearson
Rector, St Stephen's Church
Secret Police Charge Family
December 12, 2007
Halton Police are prosecuting in a case in which a social worker left
documents in a private home. There is no way to be sure, but this looks
like the case we reported on
October 26, in which the worker is identified as Barb Turkowska. So who
is being prosecuted? Not the social worker, but the family who got her
incompetent services.
Do you think this is a miscarriage of justice? Do you want to support
the unfairly prosecuted family? You cannot. The proceedings are secret.
You are not allowed to know the name of the aggrieved family.
expand
collapse
The Halton Herald
Halton Children's Aid Worker Compromises Private
Confidential Client Information
Posted on Monday, December 10 @ 17:58:27 EST by editor
Halton: The Halton Regional Police Service reported today, that they
have laid charges in connection to a complaint made by the Halton
Children's Aid Society after confidential files were left at an Oakville
client's home.
According to the report; "towards the end of October 2007, Halton
Children's Aid Society files were left at the home of a CAS client family
in Oakville. The files in question contained confidential information
about a number of client families of the Halton Children's Aid Society".
The Police report failed to note what 'type' of "confidential information"
was contained in the file.
The report alleges; "CAS officials attempted unsuccessfully to
retrieve the documents. As a result, the Halton Regional Police Service
was contacted and asked to investigate the matter.
On December 8th, 2007 the police investigation resulted in the couple
that came into possession of the CAS documents being charged criminally
with Theft and Mischief."
Police reported; "The Theft charge resulted from the use of the
documents by the couple after they came into possession of them". Once
again, the report failed to report; what 'type' of "use" of the documents
resulted in - theft charges being laid.
The report did note, however; "The Mischief charge resulted from the
couple's refusal to return the highly sensitive documents to the
Children's Aid Society, despite efforts made to retrieve them". No
mention was made in the report as to whether or not the department
retrieved the documents or if the documents might still be at large.
The department did report; "A 33 year old man and 33 year old woman,
both Oakville residents, have been charged. They will not be identified,
as the Children's Aid Society is still involved with them and their
children on a client basis. Both are scheduled to appear in Milton Court
on January 30th, 2008."
Addendum: This family currently does not want to
attract attention. Any efforts at helping in the case should be directed to
Canada Court Watch. Return of Adoption Disclosure
December 11, 2007
Ontario is proposing to replace the adoption disclosure law, changing
acronyms from AIDA to AARA. Here is the press release from the Ministry of Community and Social Services. You
can already read bill 12, Access to Adoption Records Act (Vital Statistics Statute Law Amendment),
2007. Below is an announcement from COAR, giving an analysis of the
bill.
expand
collapse
COAR Update
Today we met with staff members of the Ministry of Community and Social
Services. They have created a new adoption disclosure bill. If it passes
it will replace the Adoption Information Disclosure Act (AIDA), portions
of which Judge Belobaba deemed unconstitutional.
The New Bill
The new bill allows:
- Adopted adults (18 and older) to access their original birth
registration.
- Birth parents of adoptees (19 and older) to access the information
found in the amended and original birth certificates.
- Birth parents and adopted adults to file a contact veto
- Birth parents and adopted adults to file a disclosure veto
- Individuals who file a disclosure veto to provide updated medical and
family histories.
The new bill is very similar to AIDA. The major changes are as
follows:
- The addition of the disclosure veto. The disclosure veto will expire
after death. Individuals may withdraw the veto at any time.
- Individuals who fear that disclosure may cause them harm no longer may
apply to the Child and Family Services Board to keep their names
hidden
- Birth parents will not have to wait while the CAS determines whether
their child was removed due to abuse. Their applications will be
processed more quickly.
There is one other addition which we feel is very good news.
Individuals adopted on or after September 1, 2008 and their birth parents
will not be able to file a disclosure veto. They will have unrestricted
access to information once the adoptee becomes an adult.
Moving the Bill Through the Legislature Today, the government
introduced the bill to the legislature. They anticipate that it will
return for second reading in early spring. It will then go to committee
and return to the legislature for third reading. While we are very
pleased that the government has created a new bill so quickly, we realize
that we will have to wait several more months before we can apply for
information.
We did discuss the current process and were assured that the government
will resolve the issues many of you experienced finding applications for
non-identifying information and the registry online. If you continue to
have problems with this, please let us know and we will make sure that the
government knows about them.
Like you we are disappointed to see the introduction of a disclosure
veto but we all know that once this new bill becomes law we will be in a
much better place than we were before the introduction of AIDA. Based on
evidence from other jurisdictions we know that very few people will file a
disclosure veto and that the vast majority of adopted adults and their
birth parents will have access to their information.
In solidarity,
Michael Grand mgrand@uoguelph.ca
Karen Lynn ccnm@rogers.com
Wendy Rowney wrowney@rogers.com
Perfect Gift for Him
December 9, 2007
The problems with family law do not all originate with social workers.
Below we copy the beginning of a FathersCan blog post illustrating the
attitudes of a bookseller.
expand
collapse
November 7, 2007.
Ms. Heather Reisman
C.E.O.
Indigo Books and Music Inc.
Dear Ms. Reisman,
Earlier this evening I was in the Chapters store at Square One in
Mississauga browsing around to see what was new and what was on sale as I
frequently do.
I noted two tables in the bargain books section of the store. One had
a sign saying "Great Gifts for Her". The other, of course, was "Great
Gifts for Him". I went over to take a look.
On the "Great Gifts for Her" table were books on Meditation,
Watercolour Painting; books on must see movies and must read books; and
collections of Bronte Sister stories and other short story collections.
On the "Great Gifts for Him" table were "The World's Worst Criminals",
"The World's Worst Crimes", "Murder Stories", "Homicide Stories", "Crime
Stories", and "Crimes of Passion".
For the rest of the letter, refer to the source.
James Williams
National Director of Operations
FathersCan
Ottawa
Children of Ontario Smokers to be Seized
December 7, 2007
The law we predicted on
November 22 is now pending in the provincial parliament. It is Bill 11,
An Act to amend the Smoke-Free Ontario Act to protect children and youth
from second-hand smoke in motor vehicles. When proclaimed, Ontario
police will be issuing tickets for smoking while driving with a child in the
car.
The most important question is not the amount of the fine, but will
children's aid societies confiscate the children? The answer is yes,
regardless of what the law says. It is standard procedure in Ontario to
notify children's aid whenever police issue a ticket for a safety offense
with a child in the car. The fact that children fare better with imperfect
parents than in foster or group homes will count for nothing when a platoon
of social workers marches on your family. And for non-smokers, don't think
your children are safe. They can be seized if they hitch a ride with a
smoker. Adoptive Non-Love
December 7, 2007
An adopted boy is the subject of attempted homicide by his "forever dad",
child protective services worker Art Bracke. This case is another example
of a child protection insider with an adopted child.
expand
collapse
dailypress.com
Man charged with attempted murder
A retired social services officer set fire to his home with
his son inside, officials say.
By NICOLAS ZIMMERMAN, 247-4760, December 4, 2007
MIDDLESEX
— A retired Middlesex County social services officer is awaiting
extradition from a Maryland jail to Middlesex County on charges he torched
his Wake home while his adopted son slept inside.
Art Bracke, who retired this summer after more than 20 years as a child
protective services officer in Middlesex, is charged with arson and
first-degree attempted murder in the Nov. 17 fire at his Mill Wharf Road
home.
A state police arson investigator was called to the scene shortly after
firefighters responded to the blaze around 1 p.m. Nov. 17, according to
Lavinia Thornton, public information officer for the Middlesex Sheriff's
department.
Josh Bracke, 19, was inside the home when the fire started but was
unharmed, Thornton said. He told police later that when he ran out of the
house, he saw his father speed out of the driveway, according to the
sheriff's office.
Around 5 p.m. that day, Bracke, 61, was involved in a head-on
collision near Joppa, Md., north of Baltimore, said Maryland State Police
Investigator J.E. DeCourcy. When Bracke was arrested, just a few miles
from the accident scene, he was carrying two handguns that were not
registered in Maryland, DeCourcy said.
Bracke was taken into custody and charged by Maryland state police with
DUI, leaving the scene of an accident and two counts of possession of a
concealed deadly weapon.
As the county's senior social services officer, Bracke investigated
reports of child abuse and neglect and worked with courts to place
children in foster homes. According to press clippings and a Web site
maintained by Bracke, he founded and served as executive director of New
Beginnings, a therapeutic foster home for boys located in Newport News and
later in Middlesex.
He ran the home from 1975 to 1985, according to his Web site.
Bracke is being held without bail at the Harford County Detention
Center, Bel Air, Md. Extradition to Virginia should take about a month,
Thornton said.
Unholy Trinity
December 6, 2007
The Harold Levy blog on Dr Charles Smith posted an item on December 3
reporting that the Ontario government provided funding for Dr Smith to sue
the CBC for an unfavorable broadcast report on November 10, 1999. The
comment below is posted by a person knowledgeable about the subject matter
of the inquiry, but who wants to remain anonymous.
expand
collapse
December 4, 2007 5:57 AM
To believe that the problems in the Coroner's office are limited to the
time frame of one "Dr Charles Smith" would be tantamount to revitalizing
the thought process that the world is flat.
This is merely a sacrificial lamb from the lions den.
Feel free to take pictures, form comments, but don't scratch more than
the surface. In the realm of Pediatric Death Investigations, Pediatric
Death Review Committees there is a clear absence of trained pediatric
specialists, however there is also a clear and present danger of the
"Trinity of Power" ie The Cops, The Coroner, and the CAS, poised to attack
the innocent family of a deceased child.
That is why most of us sit in silence, terrorized to the depths of our
souls. We know that there is no where to hide. If we build our cases,
take our notes and come forward, they will find a grow op in our homes,
create a reason to take our kids, tarnish our reputations, imprison
us.
We are the mothers and fathers of these children.
Don't "Goudge us again". Our precious babes are dead, our pockets are
empty from fighting the criminal investigations, the civil litigations,
our human rights and those of surviving children are non existent. We are
looking for an Angel of Mercy. With our empty arms, hardened hearts, we
are screaming out to you in our silence: STOP THIS MADNESS!!!
Truth and Justice await us all in the end.
Family Tricked
December 6, 2007
In our news comments we treat all children in custody of child protectors
as if they were seized by force of arms, even if the documents say parents
gave up the children voluntarily. That is because dozens of parents have
told us privately that those consents were obtained by coercion or
deception. Today's story from Guam is about a senior US Navy officer, David
G Matthews, who was cleared of child abuse by the police, but tricked into
getting his family onto a registry of child abusers.
expand
collapse
Guam News
Friday December 7, 2007
$1.9M suit filed against US Navy
By Gina Tabonares, Variety News Staff
A SENIOR ranking officer of the U.S. Navy filed a $1.9 million lawsuit
against the federal government for an alleged intentional infliction of
emotional distress and invasion of privacy.
David G. Matthews, a GS14 COMNAVMAR member, filed the claim under the
Federal Tort Claims Act in the District Court of Guam after the U.S. Navy
denied the claim he filed on May 18, 2007 against the Secretary of
Defense, the Secretary of the Navy, and COMNAVMAR Guam.
According to Matthews, the defendants’ reckless and unlawful conduct
irreparably damaged his good name and reputation, and compelled him to
seek early retirement from federal employment that resulted in significant
personal, professional and financial implications.
His case stemmed from an incident on June 14, 2005 when his wife Debora
was apprehended by COMNAVMAR security for alleged child abuse involving
their daughter.
On the same day, the Naval Criminal Investigative Service concluded
Debora Matthews did not abuse her daughter and the COMNAVMAR executive
officer and attorneys stated there was no criminal investigation by the
Navy or referral to the Guam Police Department.
Two days later, the Matthews couple received telephone calls from Vince
Pereda, a Family Advocacy Program case manager for the COMNAVMAR Fleet and
Family Support Center Guam. They briefly discussed the incident involving
Debora Matthews and her daughter.
A review of the FFSC case records reveals Pereda “maintained” case
notes as of June 16, 2005. Pereda discussed the case with a Guam Child
Protective Services worker after initiating records and without the
approval of the plaintiff and his wife.
The case manager and a Guam Child Protective Services worker told the
couple that they didn’t need an attorney and that there was no criminal
case, but they were never apprised of the potential consequences of their
discussions which is the purpose of the PA and FAP program description
document.
On June 17, 2005, Pereda asked Debora Matthews to sign two documents
which he stated were required to allow FFSC/CPS to interview their
daughter.
David Matthews, however, learned that the two documents were the
Privacy Act statement and the FFSC Program Description.
He said neither document was explained to them nor Pereda asked his
wife to read the documents prior to signing, describing the act as a trick
to have Debora Matthews to sign the forms.
The plaintiff asked a criminal investigation concerning the falsified
document but they felt that the defendant attempted to conceal the crime.
In September 2005, the Navy placed the plaintiff and his wife in a
military tribunal for alleged child abuse. As a result, the Matthews were
placed in a federal registry as child abusers.
The information that was illegally and unlawfully obtained from the
plaintiff and his wife was used against them in the tribunal.
The Matthews were concerned with the personal and professional
ramification of a military tribunal and, on Sept. 1, 2005, they asked the
U.S. Navy if they were eligible for Navy legal service support in regard
to the military tribunal but a Department of Defense employee said it was
a local call denying their eligibility.
The plaintiff said they were put in the child abuser registry and
labeled without due process.
Matthew said that placing his name under central registry will have
negative impact on his current and future employment and security
clearance.
The couple wrote a letter to COMNAVMAR and the DOD asking to remove
their names from the federal registry as child abusers and asked
additional information, but they were disregarded and provided no
response.
They asked the court for compensatory damages of $1.951.894, the
removal of their names from the federal registry as child abusers, to
provide them all information requested via the Freedom of Information Act,
and provide answers to all questions they asked in his original claim.
No More Shaken Babies
December 6, 2007
Over the past two decades there have been many cases of parents accused
of abuse or homicide on the basis of shaken baby syndrome. Testimony by
Michael Pollanen to the Goudge Inquiry suggests that this condition belongs
in the junk science category. English courts have already rejected the
syndrome. While reversal of criminal convictions is possible, no adoptions
will be undone to right two decades of wrongs.
expand
collapse
The Globe and Mail
MD casts doubt on shaken baby syndrome
KIRK MAKIN, JUSTICE REPORTER, December 6, 2007
The deaths of 142 Ontario babies since 1986 were attributed to a cause
many scientists now believe has been discredited - shaken baby syndrome -
the province's top forensic pathologist testified yesterday.
Michael Pollanen told Mr. Justice Stephen Goudge that skepticism about
SBS is so great that he should consider urging a review of the cases when
he produces his report next spring.
Dr. Pollanen said he did not know how many of the 142 cases were
investigated as suspicious deaths, resulting in criminal charges,
convictions or the seizure of siblings from the parents of the pediatric
victims.
"To be very straightforward, this would generate a lot of controversy
in the community... because it is very polarized," Dr. Pollanen said.
The inquiry was launched last spring to look at how the province's
former star pathologist, Charles Smith, was able to rise to the top of his
profession despite a series of autopsy errors that led to miscarriages of
justice.
However, Dr. Pollanen's revelation yesterday went beyond Dr. Smith to
include the work of other pathologists who diagnosed SBS - a conclusion
that was typically made upon the discovery of brain swelling and retinal
bleeding combined with tissue damage to the linings of the brain.
Dr. Pollanen said that in recent years, a significant segment of the
scientific community has come to believe that these symptoms can be found
in babies who suffer an accidental blow to the head or an innocent fall.
He testified that Britain took the lead a couple of years ago,
systematically re-examining a large number of SBS cases in what became
known as the Goldsmith review.
"In the U.K., some of these convictions were quashed," he said. "The
scope of the problem is not clear in Ontario. There needs to be some
consideration of whether we should undertake something like the Goldsmith
review."
Similar reviews may follow in other countries, Dr. Pollanen said.
"One of the factors to put fuel on the fire in the U.S. is that
traditionally, sentences have been robust in these kind of cases - the
death penalty or life imprisonment.
"In the face of what some people believe to be remarkable miscarriages
of justice in some of these cases, it really has polarized groups of
experts."
Dr. Pollanen also testified that:
A 1991 ruling by a judge of the Ontario Court of Justice who acquitted
a 12-year-old of murdering a baby was "a masterful analysis of the case
... that was slightly ahead of its time." Dr. Pollanen was effectively
endorsing the judge, Mr. Justice Patrick Dunn, who rejected Dr. Smith's
testimony in acquitting the babysitter. The inquiry has heard that Dr.
Smith often told colleagues that Judge Dunn later confided he regretted
the acquittal and should instead have convicted the babysitter.
With not a single medical school in Canada offering forensic pathology
training as an area of subspecialty, "I would say we have lagged about 40
years behind in comparison to other systems."
Forensic pathologists working in provincial coroners' systems are
"prohibitively" underpaid in comparison to their counterparts in the
private sector.
Defence counsel in Ontario will never have more than one or two
forensic pathologists willing to work on homicides unless legal aid
funding improves substantially and experts get over their revulsion for
disputing conclusions by colleagues testifying for the Crown.
Advances in forensic pathology have made it even more clear that a
Kingston baby known as Sharon definitely died of bites from a pit bull.
At the time, the fact that most of the injuries were to her neck,
shoulders and head was considered highly unusual and suggestive of a
homicidal stabbing. However, Dr. Pollanen said that recent studies have
shown that, unlike attacks on adults, dogs frequently savage those
portions of a child's anatomy.
State Ward Kills Eight
December 6, 2007
The gunman, Robert A Hawkins, who yesterday killed eight people and
himself in Omaha, Nebraska, was a state ward for four years. While in state
care he was diagnosed with three mood disorders. We don't know for sure
that he was medicated, but if not, this is the first time on record
psychiatrists diagnosed mood disorders without prescribing drugs. So this
continues the pattern of mass shootings by young people — the killer
was on psychotropic drugs, or separated from his father by force of arms, or
apparently as in this case, both.
expand
collapse
KETV.com
State Spent $265K On Hawkins' Care
Mall Shooter Was State Ward For 4 Years
UPDATED: 5:16 pm CST December 6, 2007
OMAHA, Neb. -- Nebraska spent $265,000 and four years trying to
provide help to the 19-year-old who became the Westroads Mall shooter on
Wednesday afternoon.
Eight people were killed, in addition to the shooter, Robert A.
Hawkins.
Gov. Dave Heineman said Hawkins became a ward of the state on Sept.
17, 2002, but parental rights were not terminated and none of his siblings
were state wards. Hawkins was terminated as a state ward on Aug. 24,
2006.
Todd Landry, the director of Child and Family Services for the
Department of Health and Human Services, said the state spent $265,000 on
services provided to Hawkins over the four years he was a state ward.
Landry said Hawkins was made a state ward with no parental fault, but
because he needed services, which included stays at residential centers
and in-patient at a hospital.
Landry said Hawkins stayed at a facility in Missouri called Piney
Ridge, plus Omaha's Cooper Village, Lutheran Family Services and Addiction
and Behavioral Health Services Inc. Landry said those homes provide
addiction counseling, mental-health counseling and behavioral counseling,
among other services, but he could not say exactly what Hawkins was
treated for under federal and state privacy laws.
Landry did say that one of the treatment periods came after Hawkins
threatened to kill his stepmother.
Hawkins Timeline:
- 2002 became ward of the state
- February 2003 taken to Cooper Village
- November 2003 arrested for a fight
- December 2004 enters foster care
- March 2005 charged with possession with intent to deliver
- December 2005 went to live with his father in La Vista
- August 2006 state care ends under court order
While a state ward, he was diagnosed with attention deficit disorder,
mood disorder, oppositional defiant disorder and parent-child relations
problems.
Landry said Hawkins was "provided quality services for a youth that
needed it."
Chief Outlines Shooter's Day
On Thursday morning, Omaha Police Chief Thomas Warren said Hawkins was
in and out of Von Maur before he opened fire.
Hawkins opened fire at 1:42 p.m. Wednesday. Warren said surveillance
video shows Hawkins entering the store twice. The second time, he entered
the main entrance on the first level of Von Maur about six minutes before
police received the first call for shots fired. He said the tapes show
that Hawkins was obviously hiding something in a black sweatshirt.
"He took the elevator to the third floor," Warren said. "Upon exiting
the elevator, he immediately started firing shots."
It seems that Hawkins started shooting near the children's department.
That's where 34-year-old attorney Jeff Schafford was shot in the arm.
On the third floor, Hawkins walked past the escalator atrium and shot
down to the second floor, killing a customer, the chief said. He then
walked to customer service.
"Several people were mortally injured. Multiple shots fired. In a
recessed customer service area, he encountered several individuals (then)
took his own life," Warren said.
Customers, shocked and scared, said that's when they began rushing for
exits. By the time police arrived, the shooting was over.
Warren speculated that at least 30 rounds were fired from an AK-47
rifle. Warren said he believes the weapon was stolen from Hawkins'
stepfather. Warren said the gun had two 30-round magazines with the
ability to fire off rounds quickly.
Hawkins apparently left two suicide notes and a will, prompting Warren
to call the shootings premeditated. The chief said people may never know
why he went on a rampage. Warren said it appears that the victims were
chosen randomly. He said it also appears the mall was chosen because it's
a large public place where he'd get a lot of attention.
Warren said Hawkins left voice and text messages for his mother,
friends and an ex-girlfriend and that Hawkins visited a friend near
Westroads before the shooting.
A woman who said she used to hang out with Hawkins said she and the Von
Maur shooter would smoke pot together. "Mandy" said her father forced her
to quit hanging out with Hawkins and his friends, and in recent weeks
she'd received threats from the group.
Mandy said Hawkins had threatened her and her family as recently as two
weeks ago. She said one message threatened to shoot her if she didn't
stop bad-mouthing Hawkins.
Hawkins was due in Sarpy County Court this month on minor in possession
charges. In 2006, charges filed against him in Washington County related
to drugs had been dropped.
Addendum: Here is definite word from his mother
that shooter Robert Hawkins started taking Ritalin and Zoloft early in
childhood.
expand
collapse
Mom: Omaha mall shooter was troubled child
Published: Dec. 13, 2007 at 8:11 PM
NEW YORK, Dec. 13 (UPI) -- A young man who killed eight people at a
Nebraska mall before taking his own life was a troubled child, his mother
said Thursday.
Maribel Rodriguez told ABC's "Good Morning America" that Robert Hawkins
was taking Ritalin, a drug given to hyperactive children, and the
anti-depressant Zoloft when he was 5. From 2002 to 2005, he moved through
a succession of foster homes after allegedly threatening his stepmother.
"I'm not a dictator, so I can't tell you what to think,'' Rodriguez
said during the interview."But as his mother I loved him, deeply and
without end. If you want to hate Rob, hate Rob. You don't need that type
of pain. It destroys your soul."
Hawkins had broken up with a girlfriend and lost his job not long
before the Dec. 5 shootings. He left a note that suggested he wanted to
be famous for something but also said that he did not want to "be a
burden" on his loved ones.
Smith Bullies Cop
December 5, 2007
Below is a letter describing an incident in which Dr Charles Smith
bullied a cop when given a speeding ticket. Our comments:
- The letter is second-hand, not of evidentiary quality.
- The average measured speed on Ontario's highway 401 (outside the Toronto
bottleneck) is 113 km/hr, so Dr Smith's alleged speed is not
outrageous.
- Threatening a cop shows a personality trait, that may have extended into
his pathology work.
expand
collapse
| date: | 18 November, 2002
| | from: | Northumberland OPP - Cobourg detachment
| | to: | Chief Coroner Dr. James Young
|
Dear Dr. Young.
An officer from my detachment has contacted me about the circumstances
of a traffic stop that I feel you should be aware of.
The stop took place on the 401 Highway near Percy Street in Cramahe
Township on the 9th of November, 2002. Constable Nancy Wagner advised the
driver she had clocked him at 136 km/hr and asked if he had a reason for
traveling at that speed. He indicated "I was passing". There was one
other occupant in the passenger seat, being an 18-20 year old male. The
officer showed some discretion and issued the driver a ticket for 115
km/hr which would result in no demerit points (instead of 4) and
approximately $200.00 less of a fine.
The driver got angry and said "did you not see my license plate?" The
officer said "Yes sir". He then said "Do you know who I am, I am the head
of Pediatric Forensic Pathology for this province." He asked "What office
do you work out of?" The officer responded "Northumberland OPP, Cobourg
office."
He then said "Next time Cobourg needs forensics on a child they won't
get one from our office."
The officer asked "So you are denying Cobourg your services because you
got a speeding ticket?" He then responded "Yes." The officer clarified
"You are going to risk an investigation for a family and child because you
got a speeding ticket?" He again motioned with a head nod up and down.
The officer advised the motorist she would be speaking to her Inspector
about the matter and he quickly drove off.
Constable Wagner was obviously very concerned by the statements made to
her. I do not think I need to comment further about the seriousness of
this matter.
I look forward to hearing from you in relation to this issue.
/Signed/ J. Szarka
Inspector J.J. (Jim) Szarka, Inspector and Detachment Commander.
More on Alana Livas
December 5, 2007
According to the latest news, five-year-old Alana Livas, taken from CAS
by her parents on November 29, suffers from rickets. Inside Toronto says
she currently has swelling of the wrists, ankles and rib area, and has heart
arrhythmia because of the illness. The girl went into CAS care in March,
yet still has serious symptoms. This could be one of the cases where
medical problems are the pretext for picking up a child who then gets only
perfunctory medical care.
Rickets is correctable with a diet containing calcium and vitamin D.
Both are present in fortified milk (the only kind now sold in Canada).
Photographs of the parents suggest the mother is not Caucasian, meaning the
girl could be lactose intolerant. Fish and certain fortified cereals are
other sources of vitamin D. Consulting a physician would almost certainly
mean relinquishing her back to perfunctory treatment, so she may be better
off without seeing a doctor. In case the parents find this website, here is
a list of vitamin D sources from the (US) National Institutes of Health.
expand
collapse
insidetoronto.com
Police seek information about missing girl
Abducted child may face serious medical issues
BY JOANNA LAVOIE, December 4, 2007 05:39 PM
Toronto Police are appealing for details regarding to the abduction of
five-year-old Alana Livas.
They are especially encouraging her parents, Peter and Vivene Livas, to
bring the child to a medical facility as she may experience serious
complications from Rickets, an illness brought on by deficiencies in
vitamin D and calcium.
There's a potential that Alana could experience an altering of her
heart's electrical function, which may lead to breathing problems, police
say. She currently has swelling of the wrists, ankles and rib area, and
has heart arrhythmia because of the illness.
"We're quite concerned about this and we're quite concerned that the
mom and dad aren't aware of this," said Det.-Sgt. Rick Searl, noting the
parents knew of their daughter's condition, but may be unaware of the
potential new complications.
"We're trying to appeal to the mom and dad to get Alana to a medical
facility."
Peter and Vivene Livas allegedly abducted Alana on the afternoon of
Thursday, Nov. 29 from a Children's Aid Society building on Kennedy Road.
The couple reportedly took the child from the facility's parking lot
following a supervised visit, driving away in a brown 1993 Acura Integra
with the licence plate number BCCL 451.
Police recovered that vehicle in Scarborough Monday afternoon with its
plates removed. Searl said police believe those plates were transferred
to a 1998, light blue GMC Jimmy.
Police are also reporting that the Livas may have access to several
other licence plate numbers including AJKA 478, 171 XRN, 279 RPE and JK
221.
Peter and Vivene Livas are currently out on bail and facing charges
related to a marijuana grow operation. Their daughter, Alana, is in the
custody of an aunt and has been under the supervision of the CAS since
March. She is described as white with a dark complexion and long,
straight, dark-brown hair.
Anyone with information can call police at 416-808-4100 or Crime
Stoppers anonymously at 416-222-TIPS (8477) or online at www.222tips.com.
Dr David Southall Disqualified
December 4, 2007
British doctor David Southall was struck off, meaning he can no longer
practice medicine in the UK. His resumé looks like a duplicate of Ontario's
Dr Charles Smith. Lowlights of Dr Southall's career include accusing many
mothers of harming their own children, driving Sally Clark to suicide with a
years-long ordeal of false accusations, diagnosing a man as a killer after
seeing him on television, doing medical experiments on children without
parental consent and keeping secret files on those children. He has
appeared on these pages before on
August 30, 2006,
October 1, 2007 and
October 27, 2007.
For an example of Dr Southall's arrogance, see a 1997
interview (Google video) (local copy mp4).
expand
collapse
The Daily Telegraph
Misconduct case gets doctor struck off register
By Graham Tibbetts, Last Updated: 2:19am GMT 05/12/2007
A paediatrician who wrongly accused a mother of drugging and murdering
her son has been struck off the medical register for serious professional
misconduct.
Prof David Southall: guilty
This was the second time the General Medical Council had acted against
Prof David Southall.
Three years earlier, he falsely suggested that the husband of the
solicitor Sally Clark was responsible for the death of their two children.
Dr Jacqueline Mitton, the chairman of the Fitness to Practise panel,
said Prof Southall had "deep-seated attitudinal problems".
"Your misconduct is so serious that it is fundamentally incompatible
with your continuing to be a registered medical practitioner," she said.
Prof Southall, 59, did not react as the ruling was given.
The latest case involved a woman, named only as Mrs M, whose
10-year-old son hanged himself in 1996.
The medical council hearing was told that Prof Southall refused to
believe her version of events.
He insisted that she had taken needles from the hospital where she
worked to give him a lethal dose of drugs. Police officers found no
evidence to back his claims.
Prof Southall had maintained that he was investigating the death in a
"forensic manner" because he wanted to protect the woman's other son, who
was eight.
It was ruled last week that he had acted inappropriately and added to
the distress of the mother.
He was also found guilty of other failings linked to children in his
care during the 1980s and 1990s. These included removing medical notes to
create "special case" files on children, potentially putting them at risk.
Prof Southall, who worked at London's Royal Brompton Hospital and later
the North Staffordshire Hospital NHS Trust, was banned from working on
child abuse cases for three years in 2004.
He was found guilty of serious professional misconduct for his role in
the case of Mrs Clark, wrongly jailed over the deaths of her two sons.
He implied that her husband, Steve, was responsible after watching a
television documentary on the case.
Mr Clark was exonerated while Mrs Clark was found dead at her home in
Hatfield Peverel, Essex, in March this year after she "drank herself to
death".
The panel noted that Prof Southall had never apologised to the Clark
family or Mrs M.
He is immediately suspended from the medical register but has 28 days
to lodge an appeal.
In a statement read by his solicitor, Anne Ball, he said: "I'm
disappointed by today's decision because I have always maintained that the
decisions I took were in the best interest of the children involved."
Prof Southall received several expressions of support after the
hearing.
Dr Evan Harris, MP, said the ruling was "a serious miscarriage of
justice".
Psychologist Busted
December 3, 2007
Our glossary defines psych whore as:
Colloquialism among legal professionals to describe psychiatrists who
diagnose children with disorders in order to increase funding of child
protection agencies.
Three months ago psychologist Marsh Kleinman was charged with malpractice
in New Jersey, but the story just circulated on the internet. In Ontario,
children's aid societies have a reliable repertoire of such "experts" they
can rely on to give testimony slandering parents.
expand
collapse
Family Court Appointed Psychologist Charged by State
Attorney General's Office
July 31, 2007
Dear NJCCR Member Mothers, Fathers, Stepparents, Grandparents, Friends
and Family Advocates
The New Jersey State Attorney Generals office has officially charged
Psychologist Marsha Kleinman of Middlesex County NJ, with multiple counts
of malpractice. This development was made possible only through the
cooperation of one of our members with the State Attorney General’s
office. Ms. Marsha Kleinman is a court appointed Psychologist who has
routinely been awarded custody/evaluation cases throughout NJ. She has
been involved with the removal of children from their parents by utilizing
methods that are considered highly unethical and abusive toward children.
Ms Kleinman was charged with multiple counts of gross and/or repeated
malpractice on behalf of the child. Additionally, the charge included
misleading the family court by not reporting all the facts that were
reasonably available.
NJCCR is calling for the immediate suspension and a permanent
revocation of her license to practice. Additionally, Ms. Kleinman's
ability to be unsupervised around children should be limited indefinitely.
This kind of abuse should not be taken lightly. It is the most severe
kind of abuse when a person of trust is given the power and control over a
child's future, and that person exploits the child's trust and dependency
to be able to substantiate personal biased opinions. Mental health
exploitation of a child will damage that child for life. We expect
criminal charges should follow this complaint and question why they have
not already been filed. This kind of behavior is not acceptable toward
any child or parent, and certainly our Child Protective Services should
not risk exposing any other child to Ms. Kleinman’s practices until this
case is adjudicated.
It is unfortunate that Ms. Kleinman, was allowed to continue to
practice unmonitored during the years of investigation and thus, there is
no way to determine how many other children and families she has adversely
affected or abused. It is the New Jersey Council for Children's Rights
position that Ms. Kleinman be immediately suspended from seeing any child
until this case is adjudicated.
NJCCR views zero tolerance policy for child abuse and actual domestic
violence to also apply to court appointed professionals.
For the safety and well being of all children and families, NJCCR urges
careful discretion to be used by all parents when choosing to expose your
children to a mental health professional.
Other individuals whose children have been exposed to Ms. Kleinman’s
practices have already contacted NJCCR. Please contact New Jersey Council
for Children's Rights immediately by email to abuse@njccr.org with
information of any person who currently or in the past has used Ms.
Kleinman's services during divorce proceedings and has been victim to
unsubstantiated accusations of child abuse or the like through her
treatments. The New Jersey Council for Children's Rights believes that
children have the right to both parents regardless of their parents'
marital status and as such advocates for shared parenting and the
protection of children from predatory professionals that surround the
divorce industry. It should be noted that this case is not about a child
being sexually abused by a parent, but about the misuse of psychological
"experts" during divorce litigation and their ability to mislead the
courts and effectually destroy the family’s potential for a positive post
divorce environment with both parents involved in the child’s life.
Unmonitored, court appointed custody "experts" have tremendous leverage
when it comes to custody matters. An unbiased opinion from a court
appointed Psychologist is essential to the proper workings of our current
family court system. Left unmonitored and loosely regulated only puts our
children at further risk of abuse. The real question here is how many
other cases has Ms. Kleinman performed in this fashion and what we as
citizens can do today to protect our children and make sure that this does
not happen again. Every one of Ms. Kleinman's past evaluations must be
investigated and the cases re-opened for findings of potential foul play.
New Jersey Council for Children's Rights is calling for our State
legislature to establish a "Family safety Act" for the protection of
children from the predatory practice of child psychology and for oversight
of psychologists that are used in family court through independent family
centric organizations such as NJCCR. NJCCR is committed to working with
our legislators in establishing these safeguards for protection of NJ
families and children. NJCCR is calling for funding this initiative so
these types of problems can not only be fully investigated and documented
across the family court system, but also prevented in the future.
Sincerely,
Michael Argen
President, NJCCR
Hulk and Spiderman Strike
December 3, 2007
Today the Hulk and Spiderman climbed the structure surrounding the
Sapperton Skytrain Station in New Westminster, British Columbia. The
weather was poor, but they remained aloft for four hours. The two were
processed by police and released with a summons. Here is the Fathers 4 Justice press release (MS-word format).
Ignorance of CPS
December 2, 2007
The following letter to an advice columnist is a mild story of CPS
intervention. The reply shows that among professionals, including
reporters, there is still a high level of ignorance and naiveté about child
protectors. One of the preconditions for reform is getting the truth out
about child protection.
expand
collapse
Since you asked ...
Somebody sent child protective services to my house!
An anonymous complaint brought a scary visitor with a list
of accusations.
By Cary Tennis
Cary Tennis
Nov. 30, 2007 | Dear Cary,
I have an unusual problem that is really hurting me. About two months
ago, a worker from the child protection agency in my town appeared on my
doorstep. She told me she had received a report about me and my child and
was investigating. She came in and read off the accusations. I was
reeling and in shock. Someone associated with my small church had sent in
a complaint anonymously. The accusations were ridiculous and untrue
except for one. My child had kicked another child whom my child was
really upset with. This child was jealous and had been teasing a lot, but
his parents weren't aware of it. This incident was reported in detail to
the agency with the statement that "she didn't care about it," which is,
of course, untrue. I was really upset about the kicking and talked to my
child about how we settle differences, and then I took away a planned play
date. We talked to the parents and I thought the matter had been settled.
I had to furnish names of people who could vouch for my parenting and I
gave two friends from church. I also talked to the minister, who is very
new to our church and to other church leaders. Everyone I've talked to is
shocked and supportive and no one has any idea who could have done this or
why.
The mother of this boy grew increasingly distant and angry after this
incident and then refused to speak to my child and me at all. They quit
coming to our church soon after. This family didn't have many close
friends as they are hard to get along with and didn't come very often.
Their child didn't have friends at the church either except for my child.
We had been very good friends at one time.
I could tell from the worker's demeanor that the charges weren't going
to go anywhere but I still haven't heard from the agency. I could be in
for a surprise but I seriously doubt it. No one at the church has been
contacted by the agency, but the worker had already visited my child and
the school counselor before she came to my door. There were no concerns
at the school and my child handled herself well so far as I can tell.
It's a real nightmare to have this happen.
My problem is that I don't know for sure who did this. If it is this
family, they aren't at my church anymore and probably aren't going to be
much of a threat in the future. If it's not this family, then it's
someone from my church and that is very scary as we are active at the
church. We're still going to the church and participating in selected
activities. I've curtailed some of my child's activities to lessen the
chance that someone might observe something that can be twisted around to
look damaging. Other than this mother, I've had no conflicts with anyone
else in this town and neither has my child.
What is the most prudent thing for me to do? What is the psychological
profile of someone who would do something like this to a child and his
mother? Is it likely to be someone I've had a conflict with or a relative
stranger?
Thank you so much. I think you give very thoughtful responses to
people.
Pretty Good Mom
Dear Pretty Good Mom,
You're telling me that an employee of the state, acting on an anonymous
accusation, visited your child and your child's school counselor, and then
came into your house and read you a list of accusations made by someone
associated with your church. Then you were required by law to furnish a
list of people who could vouch for your parenting.
Your letter inspires great outrage. Where is this place? Who are
these people?
I couldn't live in a town like that!
But here's what a reasonable citizen might do. A reasonable citizen
might go to the agency and ask for a meeting with the caseworker and the
caseworker's boss. I would want to learn as much as I could, not about
who made this particular complaint, but about how such a system operates.
Does it happen often that people are referred in this way? What are the
procedures? What records are public and what are private? What is the
agency's funding? What is its charter? Who makes decisions about who is
hired and fired?
Now, of course our society has to protect children. There are some
truly evil people out there.
But I would want to know if I, too, could simply make a complaint about
someone at random and cause a case worker to go visit them and scare the
living daylights out of them. I would ask them to show me the form and
the process by which I could make such an anonymous complaint. I would
ask them how they determine the credibility of such a complaint. Must a
person making a complaint appear in person, or could such a complaint be
made in writing or over the phone? Must the person furnish
identification? Are records kept of the person's visit or phone call?
Under what conditions are those records made public? What threshold of
credibility must a complainant meet? What evidence must be given prior to
the sending out of an investigator? What protections are in place so that
any old sociopathic busybody can't just use this agency to harass and
terrorize his or her neighbors? And if there are protections in place,
were they used in this instance?
Finally, I would be very curious to figure out -- though I wouldn't ask
this directly -- if a person making a complaint might be able to use
specific knowledge of the agency and its personnel in order to cause an
investigator to come out.
You know what else I would want to know? I would want to know what
kind of academic background and credentials these people have, these
people who are empowered to walk into some family's home and read off a
list of anonymous accusations. Of all the powers of the state that are
available to petty, misguided bureaucrats who might have just a touch of
the sadistic and the power-hungry in them, this is one power that ought
not be entrusted to just anybody. I'd want to know that anyone doing this
job at least had an understanding of the limits on state power in a free
society.
And I would want to know how often it can happen that a totally bogus
complaint reaches this point. I'd want to know if they audit their
activities to determine this. I would want to know if this agency had a
higher incidence of such false complaints than other agencies.
And I'd say, well, if this is a public agency with public records, then
the press has a right to see them.
And then once I'd learned all I could, I'd contact a reporter at the
local newspaper.
I'd tell them my story.
I'd beg the reporter to at least call the agency and inquire about my
case.
You wouldn't have to get the reporter to promise to do a story, just to
make a phone call.
Come to think of it, the logic is sweet: In the same way that a child
protective agency is more or less compelled to investigate any complaint,
so a newspaper reporter is more or less compelled to at least make a phone
call to check out a tip.
Now, I'm kind of dumb about small town life. It may be that doing
these things would make life too uncomfortable for you. If so, I would
still suggest that, in order to understand what happened, you learn as
much as you can about the social forces in American life that could lead
to such a thing. And if I were you I would think seriously about moving
to a more cosmopolitan area.
Cary Tennis is Salon's advice columnist.
CAS Shill
December 2, 2007
The only stories favorable to children's aid come from insiders, or
persons never having had personal contact. The story below seems to be an
uplifting story of a man helped by children's aid, but really comes from an
insider. We have still never heard a non-employee tell of a favorable
personal experience with children's aid.
expand
collapse
CAS SUPPORTER Phil Grimes credits the CAS with helping turn his life
around.
CAS helped Grimes turn his world around
By Tim Whitnell, Special to the Beaver, Nov 30, 2007
Phil Grimes says he's the exception to the rule when it comes to
success stories about children removed from their home due to parental
neglect or abuse and placed into a group home setting.
He's been the victim of ill treatment at his own home as a youngster,
bounced around various foster and group homes, lived on his own as a
teenager and heard similar stories from others over the years, but he hit
a breaking point when a recent story went public that put the Halton
Children's Aid Society (CAS) in a bad light.
The 34-year-old Burlington resident, at one time a ward of the Halton
CAS for 14 consecutive years, feels the organization has been maligned
once too often.
He decided to go public with his own haunting history and eventual
redemption, with the help of the CAS, after sensing the organization was
under fire.
He says he had heard enough criticism after seeing a story in The
Oakville Beaver about CAS client files -- loaded with sensitive
information about clients -- being inadvertently left at a private home by
a visiting CAS worker.
The family in possession of the confidential files took the faux pas
public and the CAS felt some heat from the fallout.
"It always brings out the ugly face of the community," Grimes said of
such situations involving the CAS.
The Halton CAS currently has a clientele of about 220, newborns to age
21, some deemed temporary wards who are still at home with their parents
with CAS oversight and others who are full Crown wards and placed in
either foster or group homes.
"I could give you 30-40 success stories," said Grimes.
His own at times harrowing story is one of them.
"I have three siblings and when I was six we were placed in CAS care,"
in north Halton. "At that time they didn't take four in one (foster)
family so we went separate ways. I was with my younger brother for a
while, but he had different needs," Grimes said, explaining that they too
ended up in separate homes not long after.
"My dad would come home drunk (occasionally) and think he was the
Incredible Hulk and throw me and him (younger brother) around the room.
Dad would pick me up by the ears and hold me against the wall. The house
was very dirty and we had scabies," a skin disease caused by mites, he
recalled.
"At six years old I would have Coke and cereal for dinner. My dad
would be passed out and we'd go get groceries."
He admits they stole items from stores on occasion.
"It was always a survival tactic," he said.
As for his mother, Grimes said she was basically absent during the
confrontations.
"I think a lot of times she just left the house because she couldn't
handle it, or didn't want to.... I had an alcoholic father and my mom had
four kids by the age of 21. There was a 15-year age difference between
them."
Possibly the worst family incident was one that Grimes said was never
reported to the CAS.
He recalled a time when his parents got into separate vehicles and
drove at each other on purpose. One of Grimes' older sisters tried to
stand between them and was hit and hurt.
"If CAS didn't step in, I think one of us would have been killed."
Grimes kicked around several foster homes in Halton.
He swears he was a good kid who encountered unfortunate luck such as a
few of his foster families eventually having their own babies and not
being able or willing to continue looking after him.
"I was not a bad kid. I always had ADD (Attention Deficit Disorder).
I still just go, go, but I'm not on (medication). I was always fiddling
in school; I was just an energetic kind of kid," he said.
By the age of 14 Grimes had been in at least half a dozen foster homes
and said he told CAS officials he wanted to try a group home.
It was a mistake, in hindsight.
"I'm telling you, you don't want to live in a group home. It's just a
bunch of crazies. I was in a group home in Oakville with six kids between
12-16. You get a lot of manipulation. We had cops there every week
because someone had stolen a bike or run away."
He said the group home staff did the best they could, but he decided he
needed out of there.
"You're lucky if two out of 10 who come out of there are well adjusted.
Fostering is the (better) way to go. I've kept in contact with some of
the guys and they're doing well, too. Some have gone on to jail. I've
seen a few guys in downtown Hamilton." He said he's not sure if they were
okay, homeless or jobless.
Unable to endure group home life anymore, Grimes said he made the
unusual request to CAS to let him live on his own. He said he eventually
rented a unit on his own on Kerr Street in Oakville at the age of 15. He
was supported by minimal provincial government assistance payments.
"When you move out on your own you find out who your friends are," he
said.
From there, things have mostly worked out well for Grimes.
He graduated from Sheridan College after studying law and security; he
also attended McMaster University.
Grimes was under the care of the CAS until age 21.
He said young adults can continue to remain with a CAS under a special
extended care and maintenance agreement if they attend college or
university.
While the CAS continues to monitor your personal progress, the
provincial government will give you monthly funding.
Grimes now runs his own financial planning business, has been on the
Halton CAS volunteer board of directors for eight years and is past
president of the Halton CAS Foundation.
He's been married for 10 years to Denise, an Oakville native whom he
met at a summer camp for CAS kids where both of them were camp
counsellors. They have two children, Abigail, 1, and Maddi, 4.
Denise marvels at how far her husband has come since his troubled
youth.
"We are from totally different backgrounds," she said, noting she grew
up in a stable home. She has three sisters and has parents who have been
married 40 years.
"He came from an abusive background, a family torn apart. Most kids in
that situation wouldn't do well."
Said Phil, "I'd give everything up to go back to what she had," he said
of his wife's childhood. "There were times at Christmas with no presents.
A lot of my drive (to succeed) has come from when I was in the gutter a
few times," he said.
"He made the right choices and had an amazing support worker," Denise
observed.
The saving grace for Grimes for much of his turbulent adolescence and
young adult life was Halton CAS employee Cynthia Thomas.
"Cynthia is like my mom. I was with her from age 9-21. She was my
case worker."
Speaking of his mother, Diane, Grimes said she is 55 and living in
Kentucky. His father, Richard, died last year.
"She's remarried, but I don't have any contact with her," he said of
his biological mom, even though he says she comes up here occasionally to
see one of her daughters; Grimes' brother has gone to the U.S. to visit
her.
The last time he talked to his mother was more than three years ago, on
the phone. The last time they saw each other was at Grimes' wedding about
10 years ago.
"We've tried," he said of connecting with his mom. "She's very
emotional. We would call on her birthday and she wouldn't call on mine.
In the last 20 years I've seen her three times. It isn't that I blame
her. I've said, 'Let the past be the past and move on.'"
Grimes noted all his siblings, older sisters Kathleen and Christine and
younger brother Chris, have turned out well. One older sister lives in
Georgetown and has three kids.
The other sister lives in Nova Scotia and has two children. His
brother works fulltime and has a girlfriend.
They all keep in contact.
The executive director of the Halton CAS Foundation, the fundraising
arm of the organization, has nothing but praise for the way Grimes handled
his tumultuous upbringing and the things he's doing now to help others
going through similar struggles.
"I've known Phil for a long, long time and he truly is a success story,
showing such determination in getting his life on track and with his
business," said Tina Blatchford.
"He's an ambassador for us. He talks the talk and walks the walk and
volunteers with our youth group. He's a real mentor and a real hero to
the kids."
Move to Empower Ombudsman
December 2, 2007
The part of the article that matters is at the end. The NDP plans to
call for creation of a health-care ombudsman. Maybe they can attach it to
their proposal in the last parliament to let the provincial ombudsman look
into child protection cases.
expand
collapse
Hospital death-rate report triggers calls for action
SIMON HAYTER/TORONTO STAR FILE PHOTO
Death rates for Humber River Regional Hospital were not in a recent
study due to a flaw in the method of data collection, a hospital
spokesperson said.
Publicizing rankings `revolutionary': Minister
December 01, 2007, Kerry Gillespie, Tanya Talaga, Robert Cribb,
Staff Reporters
Calling the public release of Ontario hospital death rates
"revolutionary," Health Minister George Smitherman said the province is
contacting hospitals with poor scores to see what can be done to better
protect patients.
"Those hospitals that have not been seen to perform well will feel
under the most intense pressure to take remedial action," Smitherman said.
"The pressure will come from transparency."
For the first time, Ontarians can know death rates in their local acute
care hospitals thanks to the release of a breakthrough study Thursday by
the Canadian Institute for Health Information.
"It's not out there to be a consumer tool, it is more out there to help
hospitals," said CIHI's Christina Lawand. "What are the factors making it
higher or lower?"
It's easy to tell which Ontario hospitals will be the target of
ministry interest.
The numbers point out which hospitals have above-average patient death
rates. The death rate figures – referred to as hospital standardized
mortality ratios (HSMR) – compare actual deaths in a hospital with the
national average after adjusting for differences in types of patients the
hospital cares for.
A score below 100 is better than average while anything above is worse
than average. Three Ontario hospitals top the list of worst performers in
Canada. The Scarborough Hospital's General site scored 134, while the
Niagara Health System's St. Catharines General site scored 135.
Kitchener's Grand River Hospital K.W. Health Centre scored 142. "Our
first point will be to say: `Are there things we can do to be more
helpful as you work to address this?'" Smitherman said in an interview
yesterday.
The disclosure of hospital death rates follows a year-long Star
investigation into medical secrecy that raised questions about a lack of
public reporting in Canada. As part of the series "Medical Secrets," the
Star urged CIHI to reveal hospital names with reportable data.
The University Health Network, a large urban teaching hospital, has put
measures in place to save lives and as a result the group of hospitals had
the lowest death rate score in Toronto (at 87), said Dr. Alan Hudson, a
neurosurgeon leading the drive to bring wait times down in five key areas.
"The boards will now pay attention because it is publicly reported,"
said Hudson. "This is a spotlight shone on them publicly."
But one Toronto-area hospital that has avoided the spotlight so far is
Humber River Regional Hospital. The hospital's numbers are not reported
in the CIHI study, the result of a discrepancy in data-collection methods,
said Gerrard Power, a spokesperson for the hospital.
"We didn't withhold our data," he said. "The way we code end of life
patients somehow ... became coded as unexpected deaths. (CIHI) said
(they'll) go back and look at it."
If a hospital didn't report its numbers, the Ontario health ministry
won't assume it's hiding bad scores. But Toronto resident Joe Pingitore
is angry Humber River Regional Hospital didn't release its numbers.
"It really struck a chord," said Pingitore, who is unhappy with the
care his 89-year-old mother received at the hospital following her stroke.
"If they aren't reporting, there is a reason why."
Many people living in Humber River's catchment area are low-income
earners. "The community deserves to know their numbers – there is no
excuse for not releasing them," said Paul Ferreira, a consultant who was
the former MPP for York South-Weston. "This is one of the neediest areas
in the city. Folks need to know they are getting first-class health care.
Hiding numbers doesn't tell them that."
In the Toronto area, the best death rate scores belong to the
University Health Network – made up of Princess Margaret, Toronto General
and Toronto Western. Brampton's Peel Memorial Hospital, part of William
Osler Health Centre, also did well with a score of 81.
The publication of hospital death rates in Ontario is already prompting
moves toward greater oversight of patient safety.
The provincial New Democrats are calling on the government to create an
ombudsman's office.
"It's one thing to put out the statistics, but bringing in an ombudsman
who has the mandate to follow through ... would be a good way to make
sure hospitals that rate poorly take it really seriously and do something
about it," said NDP MPP and health critic France Gélinas (Nickel Belt).
"(The statistics) are close to terrible ... but I have all the faith
in the world that our system is going to be able to react and the next
time those statistics are measured we will do better," she said.
But an ombudsman with the power to investigate individual cases and
systemic issues would speed that up, Gélinas said.
The NDP will be reintroducing their private member's bill calling for a
health-care ombudsman in the coming weeks, she said.
Save the Earth!
December 2, 2007
Here is a new reason to avoid divorce — it harms the earth. While
voluntary divorce may be difficult to curb, shotgun divorce imposed by
social services against the will of both parents could be ended with a
simple policy change. Come on, policy makers! Do your share to save the
earth!
expand
collapse
From The Sunday Times, December 2, 2007
Planet feels heat of divorce
Roger Waite
UNHAPPY couples used to stick together for the sake of the kids. Now
they can make the best of a bad marriage in the name of being
environmentally friendly.
Scientists have quantified for the first time the extent to which
divorce damages the environment. The researchers found that the combined
use of electricity across the two new households created rose 53% while
water use was up by 42%.
Across America – one of 12 countries studied – divorced households used
73 billion kilowatt-hours of electricity in 2005 that could have been
saved if the families had not split up. That is equivalent to about a
fifth of Britain’s consumption.
Broken couples also increase demand for housebuilding and
infrastructure such as new roads. “The global trend of soaring divorce
rates has created more households with fewer people, has taken up more
space and has gobbled up more energy and water,” said Jianguo Liu of
Michigan University, who carried out the latest research.
The study, to be published tomorrow in the Proceedings of the National
Academy of Sciences, found that the average number of rooms per household
was between 33% and 95% higher for divorced couples than for married ones.
Liu also calculated that America now has an extra 38.5m rooms in houses
and apartments built to meet the demand for more accommodation generated
by divorce over the past three decades.
The growth of single-person households is also damaging the
environment. Research published in the journal Environment, Development
and Sustainability found that:
- One-person households are the biggest consumers of energy, land and
household goods, such as washing machines, refrigerators, TVs and
stereos, per capita
- They consume 38% more products, 42% more packaging, 55% more
electricity and 61% more gas per capita than four-person households
- People living alone create 1½ tons of waste annually compared with a
ton by those in households of four or more
Social Workers Want More Firepower
December 1, 2007
From the follow-up story of an attack on a social worker by a mother guarding her child, it appears
that more security will be coming to Ontario social workers. It is only a
matter of time until they emulate the police in Ohio. In an incident we
think of as Kentucy Fried Baby, on November 18 police in Trotwood Ohio
zapped a seven-month pregnant mother with a taser. We are not sure whether
the cop thought the enlarged woman was a threat to his life, or whether he
was inspired by Igor to bring the fetus to life with a jolt from his
electrodes. 50,000 volts is about what it takes to separate a mother from
her child.
expand
collapse
Security concerns at Children's Aid
Date: 2007-11-30, By Lauren Gilchrist
In light of recent assault at Chemong Road office,
frontline worker speaks out about lax security within the organization
Everybody has their breaking point.
One frontline worker at the Kawartha Haliburton Children's Aid Society
(CAS) has finally reached hers and is speaking out.
Recently, one of her co-workers was allegedly assaulted at the Chemong
Road office by a 34-year-old woman armed with a pair of barber scissors.
The accused was arrested and charged with possession of a weapon for a
dangerous purpose and assault with a weapon. The victim was treated at
the hospital for her injuries.
The frontline worker was baffled when she read executive director Hugh
Nicholson's comments in Peterborough This Week shortly after the incident.
“What really smacked me between the eyes was when he said the security
systems work fine,” she explains.
“We are almost more dysfunctional than our own clients. We know he
[Mr. Nicholson] is going to the board and saying everything is fine and
it's not.”
The worker, who has asked to remain anonymous, has now come forward to
say the security system at the Children’s Aid Society on Chemong Road is
anything but fine.
But Mr. Nicholson says he can understand her concerns.
“That’s understandable given the situation. Everyone is a little
nervous after that [the alleged assault].”
But he doesn’t agree with her claim that he is going along telling the
board everything is fine.
“No. I’m not saying that. I don’t understand why someone would say
that to be quite honest,” he explains.
“Situations like this are upsetting. Unfortunately it sounds like one
or some staff may feel like we don’t do something about it, but we are
very concerned with it [safety].”
The worker says she was in the office the day the most recent assault
happened, but she didn’t witness the event. What she does know is that
the receptionist tried to press the panic button but it didn’t work.
“She had the presence of mind to get on the switchboard and call for
help,” explains the worker.
She is not only concerned for the staff, but also for the parents and
children who come into the facility.
She says to the best of her knowledge there are two panic buttons in
the building that trigger the alarm.
“I should bloody well know where all the buttons are, but I don't,” she
explains.
She says the only real safety training they have is the two fire drills
a year.
“I think maybe the receptionist has been show where it [the button] is.
We get tons of training all the time, but not on security in the office.”
Mr. Nicholson confirms there are two panic buttons in the high risk
areas. They were installed two years ago in response to another assault
that occurred in the back area of the building. When asked whether staff
are trained on the use of the buttons he says “yes and no.”
“The staff that are in those areas are trained on the panic buttons,”
he explains.
He says there is also a sign posted above the panic buttons listing
what workers should do in a crisis. He admits the sign above the button
could probably be bigger.
Once the panic button is pressed it triggers an internal alarm with
flashing strobe lights.
“That alerts internal staff and they would go to the area where the
situation is,” he explains.
Mr. Nicholson says what happened in the most recent case is that the
receptionist tried to reach the panic button but for whatever reason
couldn’t reach it. She decided it would be quicker to post an alert over
the intercom.
Mr. Nicholson says an e-mail went out to staff when the buttons were
installed two years ago describing what to do in that sort of emergency.
“We did survey the staff in the building and most seemed to be aware of
what to do,” he states.
“We assumed teams would do the training and that always isn’t the
case.”
Mr. Nicholson says all staff have enough information to know what to
do with the panic buttons.
”We generally have a pretty good response to it.”
The most recent incident has caused not only one frontline worker to
speak out, but also for the organization to re-examine their safety
protocol.
Mr. Nicholson says what staff are saying now is that they need regular
training on the use of the panic buttons. The first training session is
already planned for Dec. 10.
“We are also reviewing our system of codes at that time too so people
know what they’re going to.”
He says their current policy on emergency codes is vague, and they are
reviewing it as well, and clarifying it.
The worker says along with training around the panic buttons, there is
the issue of the meeting rooms at the front of the building.
In her opinion this area has no security whatsoever.
“That's an unprotected area where not only staff are vulnerable,” she
says.
She says if the most recent alleged assault had happened in one of
those meeting rooms and not in the lobby, they could have been in trouble.
Mr. Nicholson confirms there are no panic buttons in those rooms.
“We know who's going in and out of those meetings. That area is always
supervised that they're in,” he says.
“They (staff) have raised concerns. We are concerned about what to do
in those rooms, and we weren’t aware of (staff's concerns).”
Mr. Nicholson says they need to improve their system of flagging
possibly high risk clients who are in the building and have the
appropriate people there at that time.
In the back of the building, called the access centre, there are more
meeting rooms. But the worker says even in that supposedly secure area,
that's where the attack that happened two years ago took place.
“We still have to use those rooms in the front because we get so many
parents,” she explains.
During the summer the worker says they had a bomb threat at the office.
According to her, it took them a week to inform staff about the incident.
Mr. Nicholson confirms they did have a bomb threat. According to him
they got the threat on a Friday afternoon and told workers on the
following Tuesday. At that time he felt it would have caused more anxiety
to tell the workers about it right away.
“I think right now we have a much better process in place,” he notes.
It's not only safety inside the building that the worker is concerned
about. There is also a question about the safety of the workers when they
visit client's homes.
The worker says they work closely with the police and have a good
working relationship with them.
She says police can't believe workers will go into some these locations
on their own.
“The police say they will not go in on their own, they wait for back-up
at these locations. I think the courts and management need to take more
notice when staff are saying clients are escalating,” she explains.
Mr. Nicholson says workers quite often go into client’s homes alone.
But he says if there is a risk a police officer will go with them and, if
the client is very high risk, they will ask the client to come into the
office instead.
“The workers and the supervisor assess that then determine the most
appropriate response,” he explains.
“That’s their job. So they are skilled at handling those situations
and making sure when they do go in [to a client’s home] there’s an exit
and assessing the situation before they go into the home.”
Mr. Nicholson says they have established a safety task force that will
come back at the end of December with recommendations. He says the health
and safety committee is also doing an assessment and will also put forward
recommendations.
“By the end of January we are going to implement them,” he says.
He notes that along with looking into training around the panic
buttons, the newly established task force will also look into the safety
of home visits.
“We can always do better,” he admits.
Foster Hell Hole
December 1, 2007
A teenaged girl, promised a nice home by a social worker instead got a
home where she was assaulted and robbed, and watched fellow children use
drugs and attempt suicide. The lawyer appointed to protect her interests
refused to speak to her.
expand
collapse
CAS workers promise teen a safe home but teen testifies that
she was given anything but. She says she was afraid and terrified while
in CAS care!
(December 1, 2007) Court Watch conducted a videotaped interview with a
14-year-old girl today who testified on videotape that she was tricked and
misled by CAS workers to go into care with the agency. She was promised
that she would be staying in a nice home with other great kids. CAS
workers made it sound like paradise. The teen reported that she was taken
out of a perfectly safe home because she argued with her parents about
money and chores and that CAS workers told her that she did not have to
put up with that crap from her parents. While in care at a CAS facility
the girl was shocked and frightened to see other kids attempt suicide by
cutting their wrists which CAS workers tried to conceal while she was
there. It seems that CAS does not want some of these stories getting out
into the public domain so it keeps these horror stories hidden.
The teen also reported being assaulted and robbed while CAS workers
supposedly were supervising the teens. The girl reported that the CAS
workers did nothing while she was being assaulted right in the CAS
facility. The teen says she was taken from a good home and placed in an
environment of fear and intimidation at the CAS facility. She said the
other kids hated it there and at least one other teen reported that she
had been fooled by the same CAS worker to leave her home as well and that
the other girl was now angry and frustrated at the system. Some kids were
on drugs while living in the CAS facility.
What this teen also reported which some readers may find interesting is
that the police told her that the laying of assault charges against
another female while in the care of the CAS were at the discretion of the
victim of the crime. In other words, the victim could get to choose if
police would lay charges of assault. Yet, when it comes to females
complaining about being assaulted by males, females are routinely told by
police that they have no discretion and that they must lay charges against
males. Court Watch has received a number of calls from women who have
confirmed this with the same police force which spoke to this girl. It
seems that police have a double standard between males and females when it
comes to the laying of assault charges which may explain why some of the
domestic violence statistics are cooked to make males look like the main
perpetrators of assault.
The girl said she had never been in the presence of so many violent
teens in her life and that she was afraid for her physical safety at the
CAS facility. She sometimes could not sleep good at night out of fear
that someone might come into her room while she slept. She said that
nobody with the CAS and the Children's Lawyer seemed interested in
listening to her at all. Her children's lawyer did not even return her
phone calls. The girl said that she just wanted to go home with her
family where she felt safe.
It's no wonder why more and more children and their families are
getting fed up with CAS and its tactics which needlessly destroy families.
The actions of unaccountable and in most cases unlicensed CAS workers is
only going to expose these agencies for multiple lawsuits as these kids
come forth in the future to sue agencies and workers alike.
If readers know of other children who wish to speak about their
experience with CAS, police or the children's lawyer, please have them
contact Canada Court Watch at info@canadacourtwatch.com
Phony Stats
December 1, 2007
The Globe and Mail reports on a conflict of interest for Ontario's Deputy
Chief Coroner Jim Cairns. The company selling the Taser paid his travel
expenses. That makes it less likely that Ontario death certificates will
list the taser as a cause of death.
Historically, some institutions, such as prisons, have been less than
candid in official reports of deaths of their wards. For example, read the
book Other Losses by James Bacque. Bias in the coroner's office
could be one reason the reported
deaths in Ontario foster care are anomalously low. We can have no
confidence in the veracity of Ontario death statistics as long as conflicts
of interest exist in the coroner's office.
expand
collapse
Taser firms picked up coroner's lecture tab
CAROLINE ALPHONSO AND JESSICA LEEDER AND OMAR EL AKKAD
From Friday's Globe and Mail, November 30, 2007 at 4:22 AM EST
TORONTO; LAS VEGAS — Taser International and another company closely
linked to the manufacturer have paid the way for Ontario's deputy chief
coroner to lecture at their conferences on the phenomenon of "excited
delirium," a medically unrecognized term that the company often cites as a
reason people die after being tasered.
James Cairns, one of the country's most high-profile coroners, who
publicly advocates the use of the stun gun, has become one of the top
Canadian experts Taser officials turn to for help shoring up public
support for their products in times of crisis. Since the death of Robert
Dziekanski, a Polish immigrant, at Vancouver International Airport last
month, Taser has repeatedly urged journalists to contact Dr. Cairns for
his pro-taser views.
Dr. Cairns has recently given seminars at two conferences hosted by
Taser International - one in July in Chicago and another last year in Las
Vegas.
He has also spoken at a Las Vegas conference for the Institute for the
Prevention of In-Custody Deaths, a small private company with ties to
Taser. It is headed by John Peters, a communications specialist who often
acts as a course instructor for Taser International. Its only other
director is Michael Brave, a Taser legal executive.
Clay Winn of Taser International demonstrates one of the company's
stun guns in a 2002 file photo. (Joe Cavaretta/Associated Press)
Dr. Cairns was slated to deliver a talk yesterday, titled "Excited
Delirium Deaths: Public Inquiry Process; ED Training for Ontario
Provincial Police Officer and its Impact on the Coroner's Office" at the
institute's 2007 conference. He dropped out because he was testifying at
an inquiry in Ontario, where he admitted to shielding disgraced
pathologist Charles Smith.
In an interview with The Globe and Mail yesterday, Dr. Cairns said he
doesn't believe his participation at the conferences is a conflict of
interest. He said he attends the conferences on vacation time and paid
his own way to attend the first one.
However, he allowed Taser and the institute to pay his hotel and travel
expenses for subsequent conferences.
Bonita Porter, Ontario's chief coroner, said it is not uncommon for
members of her staff to have expenses paid by conference hosts.
"If he's going to share our experiences and it might improve public
safety anywhere, I don't see how that could be considered to be a
conflict," she said.
But Dr. Cairns's attendance raises questions about the appearance of
bias when probing the issue of whether tasers can kill. While he has not
presided over any taser-related inquests, his expert opinion on the role
of tasers in certain in-custody deaths has often been solicited. At a
2005 inquest, he testified that an Ontario man, who was tasered three
times by police and died less than an hour later in hospital, was not
killed by the taser because of the time lapse between the shocks and his
death.
The year before, Dr. Cairns urged the Toronto Police Services Board to
expand the use of tasers, saying: "I am absolutely convinced tasers will
save lives instead of taking lives. And I hope some day, if I am in the
position, please taser me before you shoot me."
Dr. Cairns defended his attendance at various Taser conferences. He
said he doesn't accept a fee for speaking to avoid any potential conflicts
of interest.
"I am not an agent for Taser or anything else. I do not own Taser
shares. I wanted there to be no conflict of interest," he said, adding:
"I have been invited to many other conferences across the world to talk
about things. In those situations, it's always the same."
Taser International did not return phone calls.
According to Mr. Peters's write-up of the 2006 Taser conference in Las
Vegas, Dr. Cairns gave a talk in which he "graphically emphasized ...
that none of the numerous in-custody death cases which he has been
intimately involved with were caused by the deployment of Taser devices."
On the subject of hosting a seminar on excited delirium at the Taser
conferences, Dr. Cairns said: "I think the more that we understand about
all these issues, the better."
CAS Employee Finds Corruption
November 30, 2007
A temporary employee of CAS has found corruption within the agency, and
does not know what to do with his information. He does not want to
communicate with anyone that has their own agenda, making it unlikely that
anybody will listen. No one in the CAS chain of command, right up to the
Minister of Children and Youth Services, will do anything but kill the
messenger. The Ontario press is neutered, and will ignore the matter. Only
the internet offers a medium for exposing scandals. Broadening his audience
to those with an agenda would allow him to talk to Hamilton East MPP Andrea
Horwath, Canada Court Watch or Dufferin VOCA.
expand
collapse
screen name: Shocked&Disillusioned
Re: Children's Aid Society Corruption
Nov 26, 2007 7:56 AM
Ok, first off I would like to say I have NO children and no personal
dealings with any of the social workers at CAS.
I always assumed that the CAS was a great organization and thanked God
that they were out there saving children and families, I felt that they
had right on their side.
After working at one of their offices, I was disgusted. (No, I am not a
disgruntled employee, I was given an end date before I started, left on
good terms and have a letter of recommendation).
After having intimate knowledge of their data base, employee records
and finances, I discovered some shocking information. I feel guilt
ridden, but I am bound by confidentiality agreements. I don't know where
to turn.
The information I have in no way reflects upon any individual case or
child but believe me, it's corruption all the same.
Is there anyone in a position of authority that I may contact
anonymously? I have never been in this position before and with all due
respect, I DON'T feel comfortable in contacting anyone that has their own
agenda, righteous or not, I cannot confirm or deny any other allegations
on this board.
I hope all find justified resolution to their crisis.
Girl Escapes CAS
November 30, 2007
A mother and father have escaped from CAS with their own child, five year
old Alana Livas. Police want help from the public. So far, there are no
pictures. Any time you see a mom and dad caring for their little girl, call
the police immediately.
expand
collapse
The Toronto Star
Police seek public's assistance in search for child
November 29, 2007, Sarah Boesveld, Staff Reporter
Toronto police are seeking the public's help finding a 5-year-old girl
who was allegedly abducted by her parents this afternoon.
The girl, Alana Livas, was last seen at the Children's Aid Society
building on Kennedy Rd. in Scarborough around 1 p.m. today. She is
described as female, white with a dark complexion and long straight brown
hair.
She was brought to the Children's Aid building by her aunt, who has
custody of her.
The child and her parents, Vivene and Peter Livas, were last seen
driving on Kennedy Rd., possibly in a 1993 brown Acura Integra with the
licence plate BCCL-451.
Anyone with information is asked to call 41 Division at 416-808-4100 or
Crime Stoppers at 416-222-TIPS.
Addendum: Here are pictures of the girl and her
family. Look at them and decide whether this is a girl who needs protection
from her parents, or a family that needs protection from the Children's Aid
Society.
Alana Livas
Vivene and Peter Livas, with Alana
Editorial on Smith et al
November 29, 2007
Following the retirement of Gary Putman, the Orangeville press is more
inclined to deal with the failures of child protection. The editorial below
suggests reviewing 200 examinations of child deaths, not just by Dr Charles
Smith, but by all pathologists connected to his team at what now appears to
be Toronto's Sick Hospital for Children.
expand
collapse
Orangeville Citizen
Editorial, November 29, 2007
Why 'junk science' has no place in our courtrooms
LET'S HOPE the recommendation gets the attention it deserves from
Justice Stephen Goudge, who is currently conducting a public inquiry into
the role played by Dr. Charles Smith in securing criminal convictions
based on his erroneous autopsy findings.
Although the Goudge commission's mandate deals with only about 20 cases
where Dr. Smith's now-discredited testimony led to criminal charges
against caregivers (usually parents) whose infants died mysteriously, two
forensic pathology experts recommended last week that Ontario thoroughly
re-examine up to 200 autopsies on dead children.
Under the proposal, the review would concentrate on convictions based
on the findings of others than Dr. Smith, particularly by those on his
team of pathologists at Toronto's Hospital for Sick Children who shared
his "think dirty" philosophy, which saw criminal activity behind
unexplained phenomena that had been labelled Sudden Infant Death Syndrome
(SIDS).
Ironically, such a review would include another "Smith" case - the
manslaughter conviction of Jeffrey Smith, a teen-aged father of twin
girls, one of whom died mysteriously on March 22, 1994, just four months
after the twins were born three months prematurely, and after both had
been rush to hospital many times with a variety of ills, none of which
suggested they had been abused.
In that case, the only reason Jeffrey Smith was charged, apart from the
pathologists' testimony, was that he was the only one home at the time
Katie Smith died. In the jury trial, where he faced a charge of
second-degree murder, there wasn't a scintilla of evidence that he had
ever become angry at the twins, much less struck them.
Based on what we now know, Katie's death was almost certainly from
natural causes related to the prematurity of her birth. The fact that the
jury rejected the Crown's bid for a murder conviction, finding only
manslaughter, is surely small comfort to Mr. Smith, who now is still
labelled a child killer in the eyes of the law.
(The jury verdict was upheld by the Ontario Court of Appeal which, in
the interests of "finality," refused to order a new trial at which a
British expert, unavailable to the defence during the 10-week trial, would
explain her finding that the death was from natural causes.)
The call for review of the other autopsies came from Dr. John Butt,
one of three renowned forensic pathologists who conducted a detailed
review last year of 43 autopsies Dr. Smith performed between 1991 and
2004. It followed two weeks of revelations at the inquiry about
substandard practices and a discredited "think dirty" philosophy that
prevailed in the Office of the Chief Coroner during the 1990s, a
philosophy which we think could be traced to the Sick Kids team.
Northern Ireland's top pathologist, Jack Crane, agreed that reviewing
every criminally suspicious case may be essential to repair public
confidence and ensure that no one has been wrongly convicted of killing a
child.
"It might be quite an undertaking and require very considerable
resources to do it," Dr. Crane said. "But if there are concerns ... to
enhance confidence in pediatric pathology, it might be necessary."
James Lockyer, a lawyer for eight people who say they have been wrongly
convicted of killing their children in cases involving Dr. Smith, has
signalled that he will urge Justice Goudge to recommend a full autopsy
review.
On the same day, Mr. Lockyer asked Dr. Butt, Dr. Crane, and a third
reviewer, Dr. Christopher Milroy, why defence lawyers, prosecutors and
Dr. Smith's fellow pathologists could not bring themselves to blow the
whistle on his shortcomings or failed to notice them.
Dr. Butt said that doctors are notoriously unwilling to testify
against their brethren. "I don't know how to overcome it," he said. "It
is an issue of culture. It is an issue of intimidation. There is a
certain revering of figures that starts in medical school."
He said pathologists are also accorded so much respect within the court
system that they become comfortable testifying about medical matters that
go far beyond their knowledge and training.
"The more the doctor is encouraged to answer questions that he may not
know the answer to - and gets away with it - the more the cult of
personality grows."
Nor is the problem of "experts" securing convictions based on "junk
science" limited to pathologists or criminal courts in Ontario.
Last week, the CBS program 60 Minutes dealt with the fact that for
years the Federal Bureau of Investigations (FBI) had been securing
convictions based on a now-discredited theory that bullets used in murders
could be traced to a single box.
The "bullet lead analysis" was used by the FBI for 40 years in
thousands of cases, and some of the people it helped put in jail are
likely innocent. One such is Lee Wayne Hunt, now 22 years into a life
sentence for murder in North Carolina.
Mr. Hunt was convicted in 1986 of murdering two people based on the
testimony of two questionable witnesses and what turned out to be
erroneous ballistics testimony from the FBI lab. For years, the FBI
believed that lead in bullets had unique chemical signatures, and that by
breaking them down and analyzing them, it was possible to match bullets,
not only to a single batch of ammunition coming out of a factory, but to a
single box of bullets. And that is what the FBI did in the Hunt case.
"I think everybody in the courtroom assumed that this was valid
evidence," Mr. Hunt's lawyer said. Clearly, such evidence has no place
in any courtroom.
Messy Home
November 28, 2007
Did CAS take your kids because your home was messy? Here is the office
of their former expert witness, Dr Charles Smith. When the mess was finally
cleaned up, it revealed exculpatory evidence that led to the exoneration of
William Mullins-Johnson after twelve years in jail.
CAS Spy
November 26, 2007
This is not the first case of close-up spying we have heard, but the
first that can be published.
expand
collapse
November 25
A little story of harassment
A little history. As my house arrest was coming to an end. I was not
allowed out before 8 am.
I started to notice this fat little piglet jogging by at 7:45 AM
every day with her dog.
She was jogging on a path that goes by my home. There is a green belt
behind the house. No one is ever back there I can see everything from my
window.
At 7:59 AM I was about to let my dog out and I saw that fat little
bitch spying on my home from behind a tree. I looked at my watch. Bingo
8 AM I open the door and start chasing the fat piglet through the woods
till we come to the home in the picture above. Scared her real good. The
next day I'm parked down the street and follow the piglet to work. Guess
where? The local Children's Aid Society of Ontario.
My point, always watch your back and its fun to chase a fat lesbian
through the woods screaming like a nut.
I never saw that fat pig ever again.
Peter Tarbat, tarspot@msn.com
Greg Pound Terminated
November 25, 2007
High-profile opponent of Florida DCF Greg Pound has had his parental
rights terminated. The state of Florida has taken four of his children, his
wife has fled with their infant son. Last year we covered the case, including a link to his website. There
are many copies of his videos on the internet. Here are more videos by Greg Pound.
expand
collapse
tampabay.com
Father of five loses battle for parental rights
He says he plans to appeal the judge's order. His battle
started in 2004.
By CURTIS KRUEGER, Times Staff Writer, Published November 24, 2007
Gregory Pound has battled the foster care system for years, ever since
a purported "wolf dog" bit his 2-week-old baby in 2004 and child welfare
workers took away his children.
He fought back in court, and has become increasingly visible by
founding a Web site (www.rescuemykids.com) and staging regular protests
outside Pinellas County's criminal courthouse. He even demonstrated
outside a St. Petersburg church because a judge in his case worships
there.
Now he has lost in court.
This month a judge terminated his parental rights - meaning he no
longer has a legal right to raise his five children, ages 2 to 7.
"They called me today and told me that I have no more visits with my
children," Pound, 51, said recently.
His wife's parental rights were severed earlier in the battle, he said.
Melissa Pound disappeared last year, along with the couple's youngest
child.
Gregory Pound said he plans to appeal.
"Love never gets up," he said, adding: "Me and Melissa both love our
children, despite what they say."
The Pounds' four oldest children live in Seminole with Melissa's
parents, Linda and Stephen Steenberge.
The Steenberges said they assumed at first the Pounds would complete a
list of tasks known as a "case plan" to get their children back. But now
that the Pounds' parental rights have been taken away, they said they
intend to adopt the children.
"It's a tragic situation in the sense that it could have pretty much
been avoided," said Stephen Steenberge, 64.
Tampa Bay news media covered the dog bite case in 2004, widely
reporting that the Pounds' 2-week-old baby was bitten in the face by a
"wolf hybrid." The dog was destroyed.
Since then, Pound has said that the dog belonged to his sister, who
denied it was a wolf hybrid.
Soon after the bite, child welfare authorities removed the Pounds' four
children from their home. The exact reasons are not clear because the
records are not public.
Pound said child welfare officials claimed Melissa was suffering from
depression, but he denied that. Pound also said he was asked to take a
domestic violence class as part of a case plan in order to get his
children back.
The Pounds completed parts of their case plans, but also fought
unsuccessfully in court to prove the children should never have been taken
away.
When Melissa gave birth to their fifth child last year, they named him
Moses, after another baby whose mother sent him on a journey. Shortly
after his 2006 birth, Melissa and the infant disappeared.
Pound was jailed for contempt of court for a month last year for
failing to reveal her whereabouts, although he insisted he did not know
where to find her.
Now, factions of the family are cut off from each other. Greg and
Melissa Pound do not have a legal right to visit their four oldest
children, who are living with the Steenberges.
Linda Steenberge, meanwhile, said she has not heard from her daughter
Melissa and has not laid eyes on her grandchild, Moses.
"That would make me happy, just a phone call from her," Linda
Steenberge said.
On the Web site, Pound claims that foster care workers remove children
from families for money.
But Pinellas County sheriff's Capt. George Steffen said child abuse
investigators work hard to find alternatives to removing children from
their homes. "It's the absolute last resort," Steffen said.
When children are removed, foster care workers try to help moms and
dads complete their case plans and bring their children home, said April
Putzulu, a spokeswoman for the local foster care agency called the Safe
Children Coalition.
"We are totally invested in returning children home to safe
environments," she said.
Fran Lyon Flees Britain
November 24, 2007
Fran Lyon, the British expectant mother threatened with child removal at
birth, has fled Britain after seeing the final plans by social services for
her baby.
expand
collapse
24/11/07 - Femail section
I've fled the country to stop social workers taking my
baby
By ELIZABETH SANDERSON
She is, on first impressions, just like any other first-time mother.
The cot and the pram are on order, she has bought more cuddly toys than
she will ever need and she has even given her little girl a name —
Molly.
With less than six weeks to go before the birth, the baby is kicking
and it brings Fran Lyon an undeniable thrill of pleasure. At least, it
does now she finally feels safe to enjoy it.
For all the innocent joys of impending motherhood have been denied Fran
since social workers warned her four months ago that Molly would be taken
away ten minutes after birth and placed with foster parents.
Fran, a third-year student doing a neuro-science degree at Edinburgh
University, is, to everyone who knows her, a sociable, kind and
intelligent woman. But to her local authority she is a danger to herself
and her baby.
Pregnant Fran Lyon has run away to Europe to stop social workers
taking her baby away from her
Seven years ago Fran had an eating and selfharming disorder and spent
13 months in a psychiatric hospital followed by nine successful months of
counselling.
Now 22, and with her emotional troubles behind her, Fran is outraged
that she should be judged a risk to herself and her child despite a
fistful of medical reports that dispute this.
Last week, fearing the worst, Fran moved from her home in Hexham in
Northumberland to Birmingham, where she hoped a different authority would
treat her more sympathetically.
But with the birth so close, she felt she couldn't take any risks with
bureaucracy and on Wednesday, Fran took an even more drastic step. She
got on a flight bound for Europe — and went into hiding. Wary of
revealing her whereabouts, Fran agreed to talk about her nightmare in a
lengthy telephone call to The Mail on Sunday.
Practical Fran has already had an appointment with a midwife, booked
a place at the local hospital and made contact with English-speaking
mother-and-baby groups
She will also be seen in an exclusive report tomorrow evening on
Tonight With Trevor McDonald. She said: "I wouldn't have done it unless
I absolutely had to. Every time there was a twinge, I was absolutely
petrified. I just kept thinking, 'Please don't go into labour, please,
not yet.' It was terrifying.
"It's a lot better now that I'm away. Lots of people suggested I
should leave but I always thought it was too extreme. Then when I went to
Birmingham things weren't going to happen quicklyenough. Northumberland's
plan stood until Birmingham made their own and I didn't have vast amounts
of time.
Now it's such a relief not to be constantly looking over my shoulder.
It has been so fraught with other people's interventions. For the first
time this will be just us: me and Molly. I just want to enjoy it. I
could never do that before.
"For months I've been reading a book called Molly The Hungry
Caterpillar and feeling her kicking about. It's lovely, but all the time
the fear has been in the back of my mind that these might be the closest
moments I will ever have with her."
Fran is in good health apart from suffering a rare condition,
angiodoema. It is possible her throat might swell and she has been given
tracheotomy equipment in case of an incident.
For such a young woman, Fran seems practical and level headed. In just
a few days, she has organised a lease on an apartment, had an appointment
with a midwife, booked a place at the local hospital and made contact with
Englishspeaking mother-and-baby groups.
It is a considerable testimony to her ability to cope — given
what social services had thrown at her. So why did Hexham Children's
Services feel it necessary to take such draconian — some might say
menacing — steps against a young woman who has battled to put her
life in order?
As with almost all cases involving county council children's services,
it is extremely difficult to discover why or how a decision has been
reached. As a result, it is nigh on impossible for people to challenge
what they see as a dubious outcome.
Fran's story began last April when she became pregnant. Although the
baby was unexpected, she was delighted. She says: "I was shocked because
I'd had the contraceptive injection. But I remember waking up the first
morning after I knew and feeling secretly thrilled.
"I didn't have a clue how I was going to make it work with university
and my job [for two mental health charities] but I was determined that I
was having her."
The first problem began when she and Molly's father fell out. She had
become unhappy about something he was doing and reported him to the
police. She ended the relationship immediately and he is now the subject
of an investigation by police — who alerted social services.
She told them her story — that she was brought up in Northampton
in a middleclass household where her parents were teachers, and how at 14
she was raped by an acquaintance.
Traumatised, she became clinically depressed and spent the next three
years, on and off, in residential psychiatric hospitals after being
diagnosed with a borderline personality disorder characterised by
self-harming instability and suicidal tendencies.
For the final 13 months, Fran had individual psychotherapy sessions and
group analysis before being discharged into outpatient care. By the age
of 18 she had fully recovered and the diagnosis of borderline personality
disorder was removed. Despite it all, Fran earned nine A-grade GCSEs,
four A-grade A-levels and her place at university.
When she became pregnant, Fran accepted that social services might take
an interest in her and went out of her way to cooperate. "I was very
up-front with the mental health staff," she said.
"I told them my history and gave them the names of my doctors as I
assumed they would want to pursue it further. I thought I might need to
see the health visitor a bit more often."
Instead, Fran received a letter informing her that a "child protection
case conference" would be held on August 16. Social services contacted a
number of experts. One of them, Dr Stella Newith, the psychiatrist who
treated Fran as a teenager, had no doubts when called on to give her
opinion about her former patient.
In a letter to Northumberland County Council, Dr Newith said: "I
consider the risk of harm to a child to be so unlikely as to be
negligible.
"There has never been any clinical evidence to suggest that Fran would
put herself or others at risk, and certainly no evidence to suggest that
she would put a child at risk."
It was a view backed up by Dr Rex Haigh, a psychiatrist who worked with
Fran in the charity sector and acted as a character witness. He advised:
"I have no doubt that her diligence and capacity, particularly in dealing
with complex emotional situations, will stand her in good stead for the
rigours of parenthood. Your efforts to protect children would be better
directed elsewhere."
Yet the social workers decided, instead, to give more weight to the
views of consultant paediatrician Dr Martin Ward Platt — even
though he made it clear he had never met Fran.
In a letter, Dr Ward Platt said: "If the professionals were concerned
from the evidence available that [this woman] probably does fabricate or
induce illness, there would be no option but to put the baby into foster
care at birth pending a post-natal forensic psychological assessment."
Fran says she was told by social services that she was in danger of
suffering from Munchausen's by Proxy, a controversial and unproven
condition in which a parent — usually the mother — invents
an illness in her child to draw attention to herself.
Apart from Dr Ward Platt's letter, there has been no other evidence
presented to Fran suggesting that she was at such risk. The syndrome was
first identified by Sir Roy Meadow, the now-discredited doctor responsible
for evidence that led to the wrongful convictions of Angela Canning and
Sally Clark for murdering their children.
Dr Ward Platt also recommended that Fran be assessed by professionals.
Social services drew up their "birth plan" without doing any of these
assessments. In October, Fran was told the plan would mean that Molly
would be immediately removed into care, minutes after she was born. Fran
was also told she could not be trusted to breast-feed her, for fear that
she might try to take strychnine as a way of poisoning her own child.
Fran says: "I was just horrified. It was horrific to sit in this room
with these people and realise that they could not only conceive of such a
bizarre, terrible thing, but think that I was actually capable of it.
"In some ways I think the whole thing was compounded by a lack of
understanding. There is no evidence that Munchausen's by Proxy exists. I
was being asked to prove that I wouldn't do something. But how can I do
that? They were asking me to do the impossible."
Fran engaged the help of Bill Bache, the lawyer who overturned Angela
Canning's conviction, and John Hemming, the Liberal Democrat MP and
chairman of the pressure group Justice For Families. And yet all the
time, she tried to find a compromise with the social workers.
She says: "I asked to go to a mother and baby unit so we would be
under 24-hour supervision. I thought it would show I was willing to
cooperate and there could be no argument about Molly's safety, but there
was a lot of resistance to the idea."
In one last attempt to find a middleway through the nightmare, Fran
agreed to yet another assessment. The assessor was to be appointed by the
social workers but would be officially independent. They chose Professor
Douglas Turkington, a psychiatrist based at the Royal Victoria Infirmary
in Newcastle.
In his report, he said that Fran should not be separated from Molly but
should instead be "supervised during the immediate postnatal period in her
bonding with Molly and be allowed to breast feed".
It is the breakthrough Fran has been hoping for — but she says
she can't risk waiting to see if social services view it in the same
light. On November 9, the birth plan from Northumberland Social Services
arrived in the post. Fran was expecting it but nothing could have
prepared her for its conclusions.
"I just fell apart," she says. "It's only when you see it in writing
that it becomes real. It said I would get ten minutes with Molly until
the umbilical cord had been cut."
Fran and her baby would then be parted and the baby would be taken to
another room in the hospital. Fran feared that the conditions of the
birth plan would mean that even her mother, who she said she was very
close to, would not be able to see the child.
She added: "They said if I didn't consent they would get a police
protection order as soon as she was born. This effectively meant that
there would be a policeman stood outside the delivery suite.
"She would be only a few minutes old and by herself. That was the one
thing that tore me up inside . . . the thought of Molly lying in some
horrible hospital baby cot with no one that loves her.
"I'm not an impulsive or dramatic person. I want to sit down and work
things out. But this was agonising. I knew I had to do something."
She didn't know, then, that something would mean fleeing abroad.
Despite the drastic upset, Fran is not bitter. "I suppose I feel very
disappointed. It didn't seem possible for anyone to backtrack just a
little bit, to say there was another way. That's what I found so hard.
That and the fact there was no compassion. They said it was about Molly
but it certainly never felt like that."
But perhaps most worrying of all is the fact that Fran's case, while
undoubtedly extreme, is also indicative of a disturbing trend. Two
thousand babies less than a year old were taken from their parents last
year by social services — three times the number of ten years ago.
Fran's story already has echoes of Nicky and Mark Webster, formerly
known as the Hardinghams, whose case was highlighted in this newspaper.
They, too, fled the country in order to stop social services taking away
their newborn baby, a boy called Brandon, after their first three children
were adopted over abuse allegations.
The Websters have since returned to England and have won a landmark
case to keep their fourth child. And what does the future hold for Fran
Lyon, a young mother who was dealt a rough hand as a teenager and fought
to get a normal life and now just wants to do what's best for her
daughter?
Perhaps social workers know something Fran is not revealing. Last
night a spokeswoman for Northumberland County Council said: "We are
unable to comment on individual cases, and we do not believe that it is in
the best interests of any mother or child to discuss personal details
through the media, but unfortunately it does mean only one side is being
heard.
"Safeguarding arrangements in Northumberland were rated as good in a
recent rigorous Government inspection. Ms Lyon and her legal adviser have
attended all of her case conferences and have been fully informed of the
concerns of the professionals involved in her case.
"Where a child or unborn baby is subject to a child-protection plan and
they move to reside in another authority or country, responsibility would
normally pass to the new authority or relevant authority in another
country. Northumberland County Council would make sure the new authority
has all the relevant information it needs to make informed decisions."
Mr Hemming said: "I think it's appalling and very disturbing and,
sadly, Fran's case is not unique.
"Of course there are situations where you've got to intervene but the
system all too often fails to intervene where it should and then
intervenes where it shouldn't. It's a steamroller of a system and it
steamrollers mothers and children."
Only one thing remains certain. If Fran proves herself to be a good
and loving mother, Northumberland's carefully worked-out "birth plan" can
only ever be seen as an act of almost unimaginable cruelty by the State.
Fran's story is told on Tonight With Trevor McDonald, tomorrow at 8pm
on ITV1.
Georgia Senator Takes On Child Protectors
November 24, 2007
Nancy Schaefer was elected to the Georgia senate in 2004 representing
district 50 in the northeast corner of the state. Today the homepage of her
website consists of a document criticizing Georgia DFCS, Department of
Family and Children's Services. It reads like a document prepared by a
critical website, such as this one. It includes all of the common abuses:
children taken on grounds of poverty, parents harassed with endless classes,
fraud by caseworkers, shotgun divorce and failure to remove children from
truly dangerous situations.
expand
collapse
From the legislative desk of Senator Nancy Schaefer 50th
District of Georgia
November 16, 2007
THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES
BY: Nancy Schaefer
Senator, 50th District
My introduction into child protective service cases was due to a
grandmother in an adjoining state who called me with her tragic story.
Her two granddaughters had been taken from her daughter who lived in my
district. Her daughter was told wrongly that if she wanted to see her
children again she should sign a paper and give up her children.
Frightened and young, the daughter did. I have since discovered that
parents are often threatened into cooperation of permanent separation of
their children.
The children were taken to another county and placed in foster care.
The foster parents were told wrongly that they could adopt the children.
The grandmother then jumped through every hoop known to man in order to
get her granddaughters. When the case finally came to court it was made
evident by one of the foster parent’s children that the foster
parents had, at any given time, 18 foster children and that the foster
mother had an inappropriate relationship with the caseworker.
In the courtroom, the juvenile judge, acted as though she was shocked
and said the two girls would be removed quickly. They were not removed.
Finally, after much pressure being applied to the Department of Family and
Children Services of Georgia (DFCS), the children were driven to South
Georgia to meet their grandmother who gladly drove to meet them.
After being with their grandmother two or three days, the judge, quite
out of the blue, wrote up a new order to send the girls to their father,
who previously had no interest in the case and who lived on the West
Coast. The father was in “adult entertainment”. His
girlfriend worked as an “escort” and his brother, who also
worked in the business, had a sexual charge brought against him.
Within a couple of days the father was knocking on the
grandmother’s door and took the girls kicking and screaming to
California.
The father developed an unusual relationship with the former foster
parents and soon moved back to the southeast, and the foster parents began
driving to the father’s residence and picking up the little girls
for visits. The oldest child had told her mother and grandmother on two
different occasions that the foster father molested her.
To this day after five years, this loving, caring blood relative
grandmother does not even have visitation privileges with the children.
The little girls are in my opinion permanently traumatized and the young
mother of the girls was so traumatized with shock when the girls were
first removed from her that she has not recovered.
Throughout this case and through the process of dealing with multiple
other mismanaged cases of the Department of Family and Children Services
(DFCS), I have worked with other desperate parents and children across the
state because they have no rights and no one with whom to turn. I have
witnessed ruthless behavior from many caseworkers, social workers,
investigators, lawyers, judges, therapists, and others such as those who
“pick up” the children. I have been stunned by what I have
seen and heard from victims all over the state of Georgia.
In this report, I am focusing on the Georgia Department of Family and
Children Services (DFCS). However, I believe Child Protective Services
nationwide has become corrupt and that the entire system is broken almost
beyond repair. I am convinced parents and families should be warned of
the dangers.
The Department of Child Protective Services, known as the Department of
Family and Children Service (DFCS) in Georgia and other titles in other
states, has become a “protected empire” built on taking
children and separating families. This is not to say that there are not
those children who do need to be removed from wretched situations and need
protection. This report is concerned with the children and parents caught
up in “legal kidnapping,” ineffective policies, and DFCS who
do does not remove a child or children when a child is enduring torment
and abuse. (See Exhibit A and Exhibit B)
In one county in my District, I arranged a meeting for thirty-seven
families to speak freely and without fear. These poor parents and
grandparents spoke of their painful, heart wrenching encounters with DFCS.
Their suffering was overwhelming. They wept and cried. Some did not know
where their children were and had not seen them in years. I had witnessed
the “Gestapo” at work and I witnessed the deceitful
conditions under which children were taken in the middle of the night, out
of hospitals, off of school buses, and out of homes. In one county a
private drug testing business was operating within the DFCS department
that required many, many drug tests from parents and individuals for
profit. In another county children were not removed when they were
enduring the worst possible abuse.
Due to being exposed, several employees in a particular DFCS office
were fired. However, they have now been rehired either in neighboring
counties or in the same county again. According to the calls I am now
receiving, the conditions in that county are returning to the same
practices that they had before the light was shown on their deeds.
Having worked with probably 300 cases statewide, I am convinced there
is no responsibility and no accountability in the system.
I have come to the conclusion:
- that poor parents often times are targeted to lose their children
because they do not have the where-with-all to hire lawyers and fight
the system. Being poor does not mean you are not a good parent or
that you do not love your child, or that your child should be removed
and placed with strangers;
- that all parents are capable of making mistakes and that making a
mistake does not mean your children are always to be removed from the
home. Even if the home is not perfect, it is home; and that’s
where a child is the safest and where he or she wants to be, with
family;
- that parenting classes, anger management classes, counseling
referrals, therapy classes and on and on are demanded of parents with
no compassion by the system even while they are at work and while
their children are separated from them. This can take months or even
years and it emotionally devastates both children and parents.
Parents are victimized by “the system” that makes a
profit for holding children longer and “bonuses” for not
returning children;
- that caseworkers and social workers are oftentimes guilty of fraud.
They withhold evidence. They fabricate evidence and they seek to
terminate parental rights. However, when charges are made against
them, the charges are ignored;
- that the separation of families is growing as a business because local
governments have grown accustomed to having taxpayer dollars to
balance their ever-expanding budgets;
- that Child Protective Service and Juvenile Court can always hide
behind a confidentiality clause in order to protect their decisions
and keep the funds flowing. There should be open records and
“court watches”! Look who is being paid! There are state
employees, lawyers, court investigators, court personnel, and judges.
There are psychologists, and psychiatrists, counselors, caseworkers,
therapists, foster parents, adoptive parents, and on and on. All are
looking to the children in state custody to provide job security.
Parents do not realize that social workers are the glue that holds
“the system” together that funds the court, the
child’s attorney, and the multiple other jobs including
DFCS’s attorney.
- that The Adoption and the Safe Families Act, set in motion by
President Bill Clinton, offered cash “bonuses” to the
states for every child they adopted out of foster care. In order to
receive the “adoption incentive bonuses” local child
protective services need more children. They must have merchandise
(children) that sell and you must have plenty of them so the buyer can
choose. Some counties are known to give a $4,000 bonus for each child
adopted and an additional $2,000 for a “special needs”
child. Employees work to keep the federal dollars flowing;
- that there is double dipping. The funding continues as long as the
child is out of the home. When a child in foster care is placed with
a new family then “adoption bonus funds” are available.
When a child is placed in a mental health facility and is on 16 drugs
per day, like two children of a constituent of mine, more funds are
involved;
- that there are no financial resources and no real drive to unite a
family and help keep them together;
- that the incentive for social workers to return children to their
parents quickly after taking them has disappeared and who in
protective services will step up to the plate and say, “This
must end! No one, because they are all in the system together and a
system with no leader and no clear policies will always fail the
children. Look at the waste in government that is forced upon the tax
payer;
- that the “Policy Manuel” is considered “the last
word” for DFCS. However, it is too long, too confusing, poorly
written and does not take the law into consideration;
- that if the lives of children were improved by removing them from
their homes, there might be a greater need for protective services,
but today all children are not always safer. Children, of whom I am
aware, have been raped and impregnated in foster care and the head of
a Foster Parents Association in my District was recently arrested
because of child molestation;
- that some parents are even told if they want to see their children or
grandchildren, they must divorce their spouse. Many, who are under
privileged, feeling they have no option, will divorce and then just
continue to live together. This is an anti-family policy, but parents
will do anything to get their children home with them.
- fathers, (non-custodial parents) I must add, are oftentimes treated as
criminals without access to their own children and have child support
payments strangling the very life out of them;
- that the Foster Parents Bill of Rights does not bring out that a
foster parent is there only to care for a child until the child can be
returned home. Many Foster Parents today use the Foster Parent Bill
of Rights to hire a lawyer and seek to adopt the child from the real
parents, who are desperately trying to get their child home and out of
the system;
- that tax dollars are being used to keep this gigantic system afloat,
yet the victims, parents, grandparents, guardians and especially the
children, are charged for the system’s services.
- that grandparents have called from all over the State of Georgia
trying to get custody of their grandchildren. DFCS claims relatives
are contacted, but there are cases that prove differently.
Grandparents who lose their grandchildren to strangers have lost their
own flesh and blood. The children lose their family heritage and
grandparents, and parents too, lose all connections to their
heirs.
- that The National Center on Child Abuse and Neglect in 1998 reported
that six times as many children died in foster care than in the
general public and that once removed to official “safety”,
these children are far more likely to suffer abuse, including sexual
molestation than in the general population.
- That according to the California Little Hoover Commission Report in
2003, 30% to 70% of the children in California group homes do not
belong there and should not have been removed from their homes.
Please continue:
(See Final Remarks below)
FINAL REMARKS
On my desk are scores of cases of exhausted families and troubled
children. It has been beyond me to turn my back on these suffering,
crying, and sometimes beaten down individuals. We are mistreating the
most innocent. Child Protective Services have become adult centered to
the detriment of children. No longer is judgment based on what the child
needs or who the child wants to be with or what is really best for the
whole family; it is some adult or bureaucrat who makes the decisions,
based often on just hearsay, without ever consulting a family member, or
just what is convenient, profitable, or less troublesome for a director of
DFCS.
Children deserve better. Families deserve better. It’s time to
pull back the curtain and set our children and families free.
“Speak up for those who cannot speak for themselves, for the
rights of all who are destitute. Speak up and judge fairly; defend the
rights of the poor and the needy” Proverbs 31:8-9
Please continue to read:
Recommendations
Exhibit A
Exhibit B
RECOMMENDATIONS
- Call for an independent audit of the Department of Family and
Children’s Services (DFCS) to expose corruption and fraud.
- Activate immediate change. Every day that passes means more families
and children are subject to being held hostage.
- End the financial incentives that separate families.
- Grant to parents their rights in writing.
- Mandate a search for family members to be given the opportunity to
adopt their own relatives.
- Mandate a jury trial where every piece of evidence is presented before
removing a child from his or her parents.
- Require a warrant or a positive emergency circumstance before removing
children from their parents. (Judge Arthur G. Christean, Utah Bar
Journal, January, 1997 reported that “except in emergency
circumstances, including the need for immediate medical care, require
warrants upon affidavits of probable cause before entry upon private
property is permitted for the forcible removal of children from their
parents.”)
- Uphold the laws when someone fabricates or presents false evidence.
If a parent alleges fraud, hold a hearing with the right to discovery
of all evidence.
Continue to Exhibit A
EXHIBIT A
December 5, 2006
Jeremy’s Story
( Some names withheld due to future hearings)
As told to Senator Nancy Schaefer by Sandra (XXXX), a foster parent of
Jeremy for 2 ½ years.
My husband and I received Jeremy when he was 2 weeks old and we have
been the only parents he has really ever known. He lived with us for 27
months. (XXXX) is the grandfather of Jeremy, and he is known for
molesting his own children, for molesting Jeremy and has been court
ordered not to be around Jeremy. (XXXX) is the mother of Jeremy, who has
been diagnosed to be mentally ill, and also is known to have molested
Jeremy. (XXXX) and Jeremy’s uncle is a registered sex offender and
(XXXX) is the biological father, who is a drug addict and alcoholic and
who continues to be in and out of jail. Having just described
Jeremy’s world, all of these adults are not to be any part of
Jeremy’s life, yet for years DFCS has known that they are. DFCS had
to test (XXXX) (the grandfather) and his son (XXXX) (the uncle) and (XXXX)
to determine the real father. (XXXX) is the biological father although
any of them might have been. In court, it appeared from the case study,
that everyone involved knew that this little boy had been molested by
family members, even by his own mother, (XXXX). In court, (XXX), the
mother of Jeremy, admitted to having had sex with (XXXX) (the grandfather)
and (XXXX) (her own brother) that morning. Judge (XXXX) and DFCS gave
Jeremy to his grandmother that same day. (XXXX), the grandmother, is over
300 lbs., is unable to drive, and is unable to take care of Jeremy due to
physical problems. She also has been in a mental hospital several times
due to her behavior.
Even though it was ordered by the court that the grandfather (XXXX),
the uncle (XXXX) (a convicted sex offender), (XXXX) his mother who
molested him and (XXXX) his biological father, a convicted drug addict,
were not to have anything to do with the child, they all continue to come
and go as they please at (XXXX address), where Jeremy has been
“sentenced to live” for years. This residence has no
bathroom and little heat. The front door and the windows are boarded.
(See pictures) This home should have been condemned years ago. I have
been in this home. No child should ever have to live like this or with
such people.
Jeremy was taken from us at age 2 ½ years after (XXXX) obtained
attorney (XXXX), who was the same attorney who represented him in a large
settlement from an auto accident. I am told, that attorney (XXXX), as
grandfather’s attorney, is known to have repeatedly gotten (XXXX)
off of several criminal charges in White County. This is a matter of
record and is
known by many in White County. I have copies of some records. (XXXX
grandfather), through (XXXX attorney’s) work, got (XXXX), the
grandmother of Jeremy, legal custody of Jeremy. (XXXX grandfather) who
cannot read or write also got his daughter (XXXX) and son (XXXX) diagnosed
by government agencies as mentally ill. (XXXX grandfather), through legal
channels, has taken upon himself all control of the family and is able to
take possession of any government funding coming to these people.
It was during this time that Jeremy was to have a six-month
transitional period between (XXXX grandmother) and my family as we were to
give him up. The court ordered agreement was to have been 4 days at our
house and 3 days at (XXXX grandmother). DFCS stopped the visits within 2
weeks. The reason given by DFCS was the child was too traumatized going
back and forth. In truth, Jeremy begged us and screamed never to be taken
back to (XXXX his grandmother) house, which we have on video. We, as a
family, have seen Jeremy in stores time to time with (XXXX grandmother)
and the very people he is not to be around. At each meeting Jeremy
continues to run to us wherever he sees us and it is clear he is
suffering. This child is in a desperate situation and this is why I am
writing, and begging you Senator Schaefer, to do something in this
child’s behalf. Jeremy can clearly describe in detail his sexual
molestation by every member of this family and this sexual abuse continues
to this day.
When Jeremy was 5 years of age I took him to Dr. (XXXX) of Habersham
County who did indeed agree that Jeremy’s rectum was black and blue
and the physical damage to the child was clearly a case of sexual
molestation .
Early in Jeremy’s life, when he was in such bad physical
condition, we took him to Egleston Children Hospital where at two months
of age therapy was to begin three times a week. DFCS decided that the
(XXXX grandparent family) should participate in his therapy. However, the
therapist complained over and over that the (XXXX grandparent family)
would not even wash their hands and would cause Jeremy to cry during these
sessions. (XXXX the grandmother), after receiving custody no longer
allowed the therapy because it was an inconvenience. The therapist
reported that this would be a terrible thing to do to this child. Therapy
was stopped and it was detrimental to the health of Jeremy.
During (XXXX grandmother) custody, (XXXX uncle) has shot Jeremy with a
BB gun and there is a report at (XXXX) County Sheriff’s office.
There are several amber alerts at Cornelia Wal-Mart, Commerce Wal-Mart,
and a 911 report from (XXXX) County Sheriff’s Department when Jeremy
was lost. (XXXX grandmother), to teach Jeremy a lesson, took thorn bush
limbs and beat the bottoms of his feet. Jeremy’s feet got infected
and his feet had to be lanced by Dr. (XXXX). Then Judy called me to pick
him up after about 4 days to take back him to the doctor because of
intense pain. I took Jeremy to Dr. (XXXX) in Gainesville. Dr. (XXXX)
said surgery was needed immediately and a cast was added. After returning
home, (XXXX), his grandfather and (XXXX), his uncle, took him into the hog
lot and allowed him to walk in the filth.
Jeremy’s feet became so infected for a 2nd time that he was again
taken back to Dr. (XXXX) and the hospital. No one in the hospital could
believe this child’s living conditions.
Jeremy is threatened to keep quiet and not say anything to anyone. I
have videos, reports, arrest records and almost anything you might need to
help Jeremy.
Please call my husband, Wendell, or me at any time.
Sandra and (XXXX) husband (XXXX)
Continue - Exhibit B
EXHIBIT B
Failure of DFCS
to remove six desperate children
A brief report regarding six children that Habersham County DFCS
director failed to remove as disclosed to Senator Nancy Schaefer by
Sheriff Deray Fincher of Habersham County.
Sheriff Deray Fincher, Chief of Police Don Ford and Chief Investigator
Lt. Greg Bowen Chief called me to meet with them immediately, which I did
on Tuesday, October 16, 2007
Sheriff Fincher, after contacting the Director of Habersham County DFCS
several times to remove six children from being horribly abused, finally
had to get a court order to remove the children himself with the help of
two police officers.
The children, four boys and two girls, were not just being abused;
they were being tortured by a monster father.
The six children and a live in girl friend were terrified of this man,
the abuser. The children never slept in a bed, but always on the floor.
The place where they lived was unfit for human habitation.
The father on one occasion hit one of the boys across his head with a
bat and cut the boy’s head open. The father then proceeded to hold
the boy down and sew up the child’s head with a needle and red
thread. However, even with beatings and burnings, this is only a fraction
of what the father did to these children and to the live-in
girlfriend.
Sheriff Fincher has pictures of the abuse and condition of one of the
boys and at the writing of this report, he has the father in jail in
Habersham County.
It should be noted that when the DFCS director found out that Sheriff
Fincher was going to remove the children, she called the father and warned
him to flee.
This is not the only time this DFCS director failed to remove a child
when she needed to do so. (See Exhibit A)
The egregious acts and abhorrent behavior of officials who are supposed
to protect children can no longer be tolerated.
Senator Nancy Schaefer
50th District of Georgia
Senator Nancy Schaefer
302 B Coverdell Office Building
18 Capitol Square, SW
Atlanta, Georgia 30334
Phone: 404-463-1367
Fax: 404-657-3217
| Senator Nancy Schaefer
District Office
P O Box 294
Turnerville, Georgia 30580
Phone: 706-754-1998
Fax: 706-754-1803
|
email:
senatornancyschaefer@alltel.net
Please forward to anyone interested
Bereaved Mother Torches Home
November 23, 2007
Shirley Hart lost her children to CPS in North Carolina, then set fire to
her home. Police sent her to a psychiatrist. Instead of her children, she
will get a few bottles of pills.
expand
collapse
Woman Arrested In Morning Apartment Fire
Thursday, Nov 22, 2007 - 06:00 PM Updated: 08:00 PM
Photo By: NBC17
By Carolyn Costello, NBC17 Weekend Anchor, Reporter, WNCN-TV
RALEIGH, N.C. -- Police said a woman in Raleigh set her duplex on fire
Thursday morning to retaliate against child protective services for taking
her children.
Just after 7:30 this morning fire broke out at an apartment complex on
Baker's Grove Way. Police took Shirley Heart into custody and said she is
getting psychiatric help.
The fire damaged her neighbor's adjoining duplex as well leaving that
woman without a home on Thanksgiving Day.
Tammie Goodson woke up this Thanksgiving morning to a roaring fire.
Police said her neighbor, Shirley Heart, torched her own duplex,
destroying it and damaging Goodson's.
"Everybody in there was asleep. If the neighbors across the street had
not banged on that door and let us know we'd have burned up in there,"
Goodson said.
Goodson said she had complained about Heart before. She called Child
Protective Services who then came and took Heart's children.
Neighbors told police heart had threatened to burn down her home and
other homes in the area if authorities took her kids. Police said it
appears that's just what she did.
Police took Heart into custody Thursday morning and no charges have
been filed.
"She's being evaluated at this point in a medical facility. Charges
will depend on the outcome of the medical evaluation and in consulting
with the DA's office," said Captain Mike Reynolds of the Raleigh Police
Department.
Goodson said her neighbor hasn't been right lately. She said Heart has
been up in the middle of the night, waking her kids by yelling and
praying.
"She had them up at 3:00 in the morning just praising the Lord,"
Goodson said.
"Between the landlord and me calling the police no one seemed to listen
to me and do anything. What are we left to do now?" Good said.
Ottawa CAS Back to Court
November 23, 2007
John Dunn and the Ottawa CAS will be back to court on January 24 in his
effort to get the CAS criminally charged for failure to supply a membership
list. The press release follows. In an earlier posting we incorrectly said
that the case was over, based on the letter from John Dunn to crown
prosecutor Yvonne Goebel.
expand
collapse
NEWS RELEASE
John Dunn
Executive Director
The Foster Care Council of Canada
613-228-2178
johndunn@afterfostercare.ca
12-1160 Meadowlands Drive East
Ottawa, ON K2E 6J2
http://www.afterfostercare.ca
FOR IMMEDIATE RELEASE
Former foster child and child welfare reform advocate John Dunn has
laid charges against the Children's Aid Society of Ottawa. Dunn, in his
efforts advocate for children and youth in foster care to become voting
members of the Society in accordance with Article 12 of the United Nations
Convention on the Rights of the Child has had his efforts blocked by the
Society who is now in court over the matter.
According to Dunn, the Society is required by section 307 (1) of the
Corporations Act, to furnish a list of the members of the Society to any
person who requests it in accordance with the legislation so that they can
advocate for changes related to the Society through the members. If the
Society refuses to furnish the list of its members when required to do so,
Dunn says that section 307 (5) of the Act makes it a Offence and that this
is where the charge originated.
On the heels of the Ontario Auditor General's Report which focused on
inappropriate spending of Tax Payers money within Children's Aid
Societies, the Children's Aid Society of Ottawa, within a week of
receiving the request for a list of their members retained the services of
an outside lawyer, Robert C. Morrow of Burke-Robertson, to assist them in
refusing the furnish the list as required by law.
Dunn and the Society will appear again in court to set a trial date on
January 24, 2008.
--30--
November 22, 2007
Today I went into court expecting to hear a plead from the Society.
However, in the back of my mind, I knew something was probably going to
surface. What did happen however surprised me. An expectation I had
several months ago began to transpire.
I arrived at the court and was contacted by the Provincial Prosecutor
at the Court house who informed me that Counsel for the defendants (their
Exec. Dir) was concerned that I had not filed the information (the
charge) within the legal six months from the time the Offence was
committed.
I was, at first taken-aback but soon realized that I had already
covered this issue from the beginning by ensuring that the charge was laid
within legal limit of six months from the date the actual Offence was
committed.
The request was filed with the Society on February 05, 2007. They had
ten days to comply with the request before they would be in a position of
having committed the Offence of contravening section 307 (5) of the
Corporations Act. (Failing to provide the list of members of the Society
as required by section 307 (1))
This means that they had to provide the list any time up to and
including Thursday, February 15th, 2007 or, in other words prior to
Friday, February 16th, 2007 in order to prevent themselves from committing
the Offence.
Instead they intentionally retained a lawyer in order to assist them in
committing the Offence by having Counsel write a letter to me dated
February 14th, 2007 stating that they will not provide the list to me.
(therefore demonstrating that they were going to commit the Offence).
This letter was written just two days short of the date the Offence would
officially have been deemed to have been committed. (Feb. 16th, 2007)
In this letter, three assumptions were made as "reasons" for not
furnishing the list to me stating that I was not going to use the list for
legal purposes and that they could not provide the list to me due to
provisions of the Federal Privacy legislation (PIPEDA) which actually does
only applies to commercial businesses or undertakings not exclusively
legislated, non-profit organizations -- which is what the Society is.
I have since obtained a letter from the Federal Privacy Commission
stating that the Act does not apply to the Society.
So anyhow, this is a strict liability Offence which only affords them
the defences of Due Diligence and Mistake of Fact. Neither of which apply
in this case. Therefore there is a reasonable prospect of conviction and
a public interest in this prosecution since the lives of children in
foster care in Ontario are affected by decisions made by the Society and
they are blocking the membership from being informed of important issues
of interest to the members which will only be brought to their attention
via concerned members of the community who have attempted to become a
member but who have had their membership applications denied by the Board
due to what can only be assumed to be political reasons.
Assault on CAS Worker (maybe)
November 23, 2007
In the following story the perpetrator and victim are both unnamed, so we
cannot tell whether it is a fake planted by children's aid to draw sympathy
or the story of a mother acting on the animal instinct to guard her children
from harm through force if necessary.
expand
collapse
Everyone a little more aware at Children's Aid Society
Date: 2007-11-23, By Lauren Gilchrist
They get threats. There are assaults.
Hugh Nicholson, executive director of the Kawartha Haliburton
Children's Aid Society (CAS), says at times the organization's work is
dangerous.
That is no more evident than following a recent assault on a CAS
worker.
A 34-year-old woman, armed with a pair of barber scissors, is charged
after allegedly grabbing a Children's Aid Society worker by the hair.
According to City police, on Wednesday (Nov. 21) at approximately
12:15 p.m. the accused went to the Children's Aid Society offices on
Chemong Road. When there, she asked to speak to a worker concerning her
child's child care issues. She asked to speak to the victim, a Children's
Aid Society worker. The victim, a 42-year-old female, was paged to come
to the lobby. When the victim asked the accused how she could help her,
the accused allegedly grabbed the victim by the hair with her left hand
while armed with a pair of barber scissors in her right hand. While the
victim struggled to get free, the accused allegedly grabbed the victim's
right arm and left index finger. Several staff members came to the aid of
the victim and were able to wrestle the scissors away from the accused and
separate the two women.
A day after the incident, Mr. Nicholson says the staff are still on
edge.
“A little nervous and concerned about the person that was assaulted.
She is home today [Thursday] taking a bit of a break before she comes back
in,” he says.
“It makes everyone here more aware of the dangers involved in child
protection. It just reminds us all we need to be very careful about it.”
Mr. Nicholson says a staff member was seriously assaulted roughly a
year ago.
“It was an assault on one of our staff who came out to supervise a
visit between a mother and her child,” he explains.
Mr. Nicholson says every time an incident like this happens they learn
something.
“We have pretty good security measures and they worked well in this
instance,” he says, referring to Wednesday's alleged assault.
He notes one measure is the panic buttons located in areas where
clients are in contact with staff.
“The area itself is pretty secure,” he explains, noting there is also a
protocol in place once the panic button is pressed.
“Although this incident was unfortunate, it was terminated very
quickly. But there are improvements I think we can make to it.”
He says there is an emergency health and safety meeting scheduled for
Monday (Nov. 26) where staff can put forward suggestions.
The accused was arrested and charge with possession of a weapon for a
dangerous purpose and assault with a weapon. The victim was treated at
the hospital for her injuries. The name of the accused will not be
released in order to protect her child's identity.
Falsely Convicted Mother
November 22, 2007
Harold Levy has been closely following the Gouge Inquiry into pathologist
Dr Charles Smith. Here is his report on the case of Sherry Sherret.
expand
collapse
Tuesday, November 20, 2007
Goudge Inquiry: Joshua's Case: Part Three; Aftermath Of
A Flawed Opinion;
"SOME CASES COME BACK TO HAUNT YOU AND THIS IS ONE OF THEM"
- LAWYER BRUCE HILLIER.
On January 4, 1999, something happened that should never happen in
Canada's criminal justice system.
Sherry Sherret pleaded guilty to a crime she did not commit.
Dr. Charles Smith's opinion was at the heart of the Agreed Statement
of Facts read into the court record;
The Agreed Statement reads:
"Dr. Charles Smith performed an autopsy on the baby at the Toronto
Hospital for Sick Children.
He determined the cause of death to be asphyxia.
He ruled out mould or disease as a cause of death.
Pinpoint hemorrhages in the tissue of the eyelids, sometimes present in
non-accidental asphyxia were not found in the case.
Dr. Smith was highly suspicion that the death as non-accidental, but
there were no overt signs of violence upon which to make a conclusive
finding."
"A microscopic skull fracture was discovered months after the original
post mortem," the Agreed Statement of Facts continued.
"It was not initially visible to the pathologist."
Dr. Smith testified at the preliminary hearing that this skull
fracture could have been caused on either an accidental or non-accidental
basis and was not the cause of death.'
One can only imagine what Sherret felt when she heard Justice Byers
utter the fallowing words before sentencing her to one year in jail
followed by two years probation.
"To this day, I do not understand why she did it," he began.
"There is no doubt that looking after Joshua was very stressful for
her; and it would seem that there were warning signs that were there to
be seen
But at the end of the day only she knows what she did, and shy she did
it.
And she is not telling." denies her guilt and shows no remorse," Byers
continued.
"Her support system in the community - her family, her friends -
reinforce that position.
Joshua did not die because his mother was suffering from some sort of
post-partem depression.
His death, perhaps, is connected the fact that Sherry suffers from what
the doctors have called a mixed personality disorder.
Or perhaps not.
No doubt, though, her attitude towards this tragedy is connected to
that diagnosis."
We are now aware that Dr. Smith's opinion was terribly flawed.
There was no ashphyxia.
There was no skull fracture.
There was just an innocent grieving mother who had lost her son due to
a natural but unexplained death; (One possibility is that Joshua
accidentally suffocated during his sleep.)
I sometimes wonder how judges feel on learning that they have passed
sentence on an innocent person - and the words they have said on passing
sentence are seen in a different light.
In fairness, the judge usually has no information on the case except
that which is provided by the parties at the particular time.
The one year prison term - sentencing was left in the hands of the
judge - was not the only punishment meted on Ms. Sherret in the aftermath
of Dr. Charles Randal Smith's flawed opinion.
Byers also placed her on probation for two years, saying:
"You are not to be in a parental position towards infant children;
and,
"If you get pregnant, you must immediately report that to a probation
officer."
We learn from an Overview Report on the case prepared by Commission
staff that Sherret had a third child in September, 2005 - and that on the
basis of her conviction for infanticide the local Children's Aid Society
applied for an order removing her from the family home in order to prevent
her from living with her new child.
The Report includes a letter "To whom it may concern" drafted by Bruce
Hillier, Sherret's lawyer, to assist her with the family court
proceedings;
"Faced with the prospect of a conviction and all that flows from that,
I vigorously represented Ms. Sherret and at the 11th hour, the Crown's
office, no doubt for good reasons, elected to resolve the matter by way of
a plea for the rarely used charge of infanticide, the basis at the time,
Sherry was suffering from post-partem depression," Hillier wrote;
"The compromise between the Crown and the defence was seen as a way out
for both sides - the Crown fearing they couldn't get a conviction of any
kind and the defence fearing that a conviction for murder, while not
justified, would result in a lengthy period of incarceration."
Sherret then turned to the Association In Defence of the Wrongly
Accused for assistance.
Lawyer James Lockyer wrote former Chief Coroner Dr. Barry McLellan,
that a review by his office of Joshua's death "acquires huge importance"
because Sherret, having lost one child to adoption, now faced loss of her
daughter.
"Ms. Sherret has two other children," Lockyer wrote.
"Her first born...was taken away from her at the age of eighteen months
after her arrest in March 1996 for Josh's murder.
(He) was subsequently put up for adoption, and now lives with his
adoptive parents in Cobourg;
Ms. Sherret has written contact with him every year at Christmas and
his birthday,
(He) is now 12 years old.
Her third born...is now five-months old.
Ms. Sherret, (the child's father) and (the child) herself live
together at their home in Belleville.
By Court order, Ms. Sherret has not been allowed to be alone at any
time with her daughter since her birth;"
Lockyer stressed that a review was imperative because, "if Joshua died
of natural causes, as AIDWYC believes he likely did, (and the Chief
Coroner's review confirmed: HL) Ms. Sherret may be about to become the
victim of a third miscarriage of justice."
"(Her daughter) will become one too."
Finally, on April 5, 2007, the Children's Aid Society applied in Court
for an order terminating the existing supervision order.
A child protection worked candidly noted in an affidavit filed with the
Court that, "Following the completion of the parenting Capacity
Assessment, it was noted that (Sherry's) denial of any wrongdoing was
concerning and further, made it impossible to treat her."
"However, it is now believed that (Sherry) may not have done anything
wrong.
AIDWYC is now pursuing quashing of the infanticide conviction and an
acquittal for Ms. Sherret in the Ontario Court of Appeal;
Lawyer Hillier cogently summed up this case in his letter "to whom it
may concern" referred to above.
"Some cases come back to haunt you and this is one of them," he said.
Harold Levy
Posted by harold levy at 2:45 PM
Motherhood Criminalized
November 22, 2007
Another mother is facing criminal charges for caring for her own child.
This time the mother was arrested so quickly that it was not necessary for
police to release her name.
expand
collapse
The Toronto Star
Woman abducts own child
November 20, 2007, Justin Piercy, Staff Reporter
A woman who allegedly abducted her own child from a Children's Aid
office today has been charged.
Police arrested a woman near Dufferin and Bloor Sts. after she left
the office with her child around noon, said Det. Cst. Dawe of the
Toronto police Youth Bureau.
Dawe said the woman was arrested "very shortly" after leaving the
office with her child.
Police would not comment on how long the child has been in the care of
Children's Aid.
The unidentified woman has been charged with abduction and the
investigation is continuing.
Smokers to Lose Kids
November 22, 2007
Wolfville Nova Scotia has outlawed smoking in a car with child
passengers. The CBC news item omits an important fact. In other areas when
police stop a car with a safety violation endangering a child, such a child
without a seatbelt, they notify the child protectors. Assuming Nova Scotia
is the same, smoking parents will now lose their children in Wolfville. We
can expect this law to spread to the rest of Canada in a few years.
expand
collapse
N.S. town bans smoking in cars carrying children
Last Updated: Monday, November 19, 2007 | 10:30 PM AT, CBC News
A small Nova Scotia town on Monday became the first Canadian
municipality to ban smoking in vehicles when a child is present.
All seven councillors in Wolfville, a town of 3,600 located about 70
kilometres northwest of Halifax, voted in favour of the measure.
The law, expected to come into effect next June, would prohibit
exposing children under the age of 18 to second-hand smoke in a vehicle.
Wolfville Mayor Bob Stead said the RCMP is on side and will issue
first-time offenders a warning, while subsequent offences would likely
result in a $50 fine.
Stead said there was widespread support for the ban at a public meeting
held Nov. 5. The mayor said council members felt it was important to
protect children under 18 from health risks posed by the smoke.
Critics have argued the bylaw is intrusive, restricting what people can
do inside their own vehicles.
Stead said if people really want to light up while transporting
children, there's nothing to stop them from leaving town.
"They can probably do that by driving a couple of kilometres."
With files from the Canadian Press
John Dunn in Court
November 21, 2007
John Dunn invites interested persons to attend a court hearing tomorrow
in his criminal case against Ottawa Children's Aid.
If you are able to attend a very short hearing to determine a court
date for trial between John Dunn and the Ottawa CAS please visit afterfostercare.ca
for details
Next Court Date &
Location:
Thursday November 22nd, 2007, @ 1:30pm, in court room 102 at 100
Constellation Crescent in Ottawa, Ontario
(Traffic Ticket Provincial Court near Algonquin College/Baseline
Station)
Tasers for Mom and Dad
November 21, 2007
Those deadly tasers are not just for armed robbers, murderers and people
who get stuck in airports. The family is one of their main targets.
expand
collapse
November 19, 2007
Tasers often used by RCMP to quell family disputes,
reports show
By Sue Bailey And Jim Bronskill, THE CANADIAN PRESS
OTTAWA - When family disputes turn nasty and the RCMP show up at the
door, a Taser stun frequently becomes part of the volatile mix.
Reports filed by the Mounties show officers fired their electronic guns
72 times over a three-year period after being called to a domestic
disturbance.
It's a statistical window into how police respond to explosive spousal
and child-custody fights that play out in the kitchens and living rooms
across the country.
It was just before 11 p.m. when seven officers turned up to quell a
spousal dispute in The Pas, Man., in April 2004.
An unarmed man was zapped with a Taser three times, resisting police
until he was eventually handcuffed.
It was just one of 563 times the RCMP resorted to stunning suspects
with a Taser between March 2002 and March 2005, according to an analysis
by The Canadian Press.
The heavily censored reports, obtained under the Access to Information
Act, say the RCMP fired Tasers during two other domestic fights in
Manitoba during the period, 21 in British Columbia, 18 in Saskatchewan and
12 in Alberta.
RCMP used Tasers in eight domestic incidents in Newfoundland, six in
Nunavut, and one each in New Brunswick and the Northwest Territories.
Electronic guns have come under heavy scrutiny since Robert Dziekanski,
a Polish immigrant, died at the Vancouver airport last month after being
hit twice with a Taser and subdued by the RCMP.
In three-quarters of incidents examined by The Canadian Press in which
RCMP fired a Taser, the suspects were unarmed.
But for domestic disputes it was a different story: in more than 60
per cent of cases, at least one of the family members had a weapon.
A Taser was fired in Cole Harbour, N.S., in the wee hours of May 22,
2004, in a bid to defuse a household dispute in which one party had picked
up a knife and large piece of wood in addition to tossing furniture
around.
Domestic arguments are among the most difficult scenarios for police,
said Eileen Morrow, co-ordinator of the Ontario Association of Interval
and Transition Houses.
"It's one of the most dangerous calls a police officer makes," Morrow
said.
"There's potential for very dangerous behaviour, and unless you know
what's going on, you have to assume the person could be lethal."
Public Safety Minister Stockwell Day has ordered the RCMP to review its
policy on Taser use.
But he played down the notion the Mounties frequently use the stun guns
as a convenient means to make unarmed people - including prisoners and
drunks - obey officers.
"Of some three million people in a year that are stopped by RCMP, the
vast majority of them, of course, would not be armed," he said Monday.
"So it's not surprising that the majority of people who would encounter
an incident like this would in fact not be armed."
Opposition critics urged the government to take tougher action.
NDP Leader Jack Layton called for holstering of the stun guns during
the RCMP review "because clearly we don't have a uniform standard across
the country for how and when Tasers are to be used."
Liberal public safety critic Ujjal Dosanjh said Day should order a
comprehensive, national, independent and public review of Taser use.
Dosanjh, attorney general of British Columbia when the electronic guns
were being introduced across Canada, suggested Tasers are not being used
the way they were originally intended.
"I was always told that Tasers are an alternative to the use of lethal
force," he said.
"Therefore I would have assumed that they would be used where otherwise
a gun would have been necessary.
And I think that's the question we need to ask in (the Dziekanski) case
and in other cases."
In the Commons, Prime Minister Stephen Harper described Dziekanski's
death, captured on video by a fellow traveller at the airport, as "deeply
disturbing" and noted inquiries are underway.
"We will be following those inquiries and also looking at what other
options and what other actions may be necessary in this case."
Dr Smith Got CAS to Snatch Child
November 21, 2007
The surviving child of Lianne Thibeault was taken into CAS custody on a
fallacious opinion by Dr Charles Smith following the accidental death of
another child, Nicholas. The
name Thibeault was published two years ago, but is suppressed by the
Star in conformance with gag orders from the inquiry. Is the purpose of the
inquiry to bring out the facts, or to suppress material previously known?
expand
collapse
The Toronto Star
Smith went too far, Irish expert says
November 20, 2007, Theresa Boyle, Staff Reporter
A top British pathologist says Dr. Charles Smith went too far in
concluding that an 11-month-old Sudbury boy died because of deliberately
inflicted injuries.
Testifying this morning at the Public Inquiry into Pediatric Forensic
Pathology in Ontario, Dr. Jack Crane, State Pathologist for Northern
Ireland, said Smith was wrong to conclude that the child known only as
Nicholas died in 1995 as a result of suffering a "non-accidental" blunt
force injury to his head.
"It's a leap too far," Crane said.
"It's beyond the bounds of credibility," he added.
Nicholas' mother had said her son hit his head on the underside of a
sewing machine, but Smith said her explanation wasn't consistent with the
medical evidence.
She subsequently had a second child removed from her care for a period
of time by local child welfare authorities.
The province called the inquiry after questions were raised about 20
child-death investigations on which Smith worked. In 12 of these cases,
parents and caregivers were convicted of crimes. In one case an
individual was found not criminally responsible. And in seven cases,
people were suspected or charged with crimes but not convicted.
Nicholas' mother Lianne falls into the latter category.
An initial autopsy on Nicholas had revealed he had died of SIDS (Sudden
Infant Death Syndrome).
But Smith was brought in to give a second opinion after the case was
sent to the Pediatric Review Committee. This required the exhumation of
the boy's body.
Crane has been called in by the chief coroner's office to review a
number of Smith's cases.
"I am of the view, that Dr. Smith's opinions, as given in this case,
were seriously flawed," Crane wrote.
The Irish doctor also called into question an affidavit to the Sudbury
child welfare authorities by Ontario's deputy coroner Dr. Jim Cairns, in
which he fully backed Smith's work on the case.
"This caused me some concern... It seemed to me the coroner being an
independent judicial officer really shouldn't be commenting in this way,"
Crane said of Cairns.
Crane said Cairns was weighing into the field of pathology, which he
had no business doing.
"With the greatest respect to Dr. Cairns, he's not a pathologist....
It's wholly inappropriate for a coroner to comment specifically on a
pathological finding," Crane said, noting that the deputy coroner's
opinion can carry significant weight.
Meantime, Commissioner Stephen Goudge has rejected a motion by Smith to
allow the doctor's lawyers to lead him through his testimony.
Smith's motion had argued that it would be fair and appropriate for him
to be examined by his counsel because of the risks to his reputation.
But Goudge ruled that having commission counsel lead Smith through his
testimony shouldn't add any risks to Smith's reputation.
As well, Goudge noted that the commission counsel are required to act
in the public interest and ensure that all relevant facts are placed
before the commission in a fair and impartial way.
Congressman's Grandchildren Abducted
November 20, 2007
The three children of Brian Miller have been abducted by their mother,
who has withheld visitation from their father and grandfather. There is
absolutely nothing unusual about this situation, repeated thousands of
times, except that the bereft grandfather is Gary Miller, a US Congressman.
We don't know yet whether the senior Mr Miller will use his influence to
clean up family law for all families, or just his own. Later news reports
indicate that an Amber alert has been issued in the case.
expand
collapse
Whittier, CA, 11/21/2007
Miller spokesman says congressman concerned
Police are still searching for Miller's grandchildren
By Frank C. Girardot, Staff Writer
The missing grandchildren of U.S. Rep Gary Miller, R-Brea have been
identified as Brian, Evan and Christian Miller, officials said
Tuesday.
DIAMOND BAR -- A spokesman for U.S. Rep. Gary Miller, R-Brea, said
Tuesday the congressman and his wife are concerned about their missing
grandchildren.
"This is a very private matter," said the spokesman Kevin McKee. "An
investigation is underway and they are very concerned about what's
happening to their grandkids. They are not going to get in the middle of
this while their grandkids are unaccounted."
Meanwhile, the father of a woman suspected of abducting the the three
children said Tuesday he has not spoken to his daughter for two days.
Jude Lopez, of Diamond Bar, said his daughter, Jennifer DeJongh, 30, is
embroiled in a custody dispute with the congressman's son, Brian, and the
congressman.
Jennifer and George DeJongh has been reported missing on Monday
along with the three grandchildren of the congressman Gary Miller.
Lopez said his daughter, a former Miss Diamond Bar, is not likely to
return anytime soon.
He said he has no idea where she has gone.
Lopez believes DeJongh's husband George is with her and the three
children. Lopez identified the children as Brian, 8, and twins, Evan and
Christian, 6. The children were reported missing at about 1:30 p.m Monday
from their Diamond Bar residence in the 22000 block of Cello Drive, Los
Angeles County sheriff's officials said.
Lopez said the three children are students at Maple Hill Elementary
School in Diamond Bar. Lopez produced court documents that seemed to
indicate the congressman and his wife were awarded a 90-day visitation
with the children that was set to begin on Sunday and last through
February.
Previously, DeJongh, had sole custody of the children, and the
congressman's son was allowed supervised visitation, Lopez said.
Lopez also said that Brian Miller had been convicted in 2000 in a
domestic abuse case involving Jennifer DeJongh.
Published reports indicated that Jennifer DeJongh was driving this
Lincoln Aviator, but the car was seen parked at a home in Whittier
Tuesday morning. The car belongs to Jennifer DeJongh's mother-in-law,
relatives said. (Staff Photo by by Jennifer McLain)
McKee could not confirm the allegation.
A Lincoln Aviator, reportedly belonging to DeJongh, which was wrongly
cited by some news sources as being the subject of an amber alert, is
currently parked in front of a Whittier home, according to DeJongh's
relatives.
Gary Miller represents the 42nd Congressional District, which includes
Diamond Bar, Brea, Chino and Chino Hills.
Anyone with information on the whereabouts of the boys is asked to call
the Los Angeles County Sheriff's Department at (909) 595-2264.
Addendum: Reunification took place nearly four
years later.
expand
collapse
Mexican police find Calif. congressman's grandsons
The Associated Press, Published: Thursday, Aug. 11, 2011 - 1:48 pm, Last Modified: Thursday, Aug. 11, 2011 - 4:03 pm
TIJUANA, Mexico -- Police in Mexico have found the three grandchildren of a California congressman, nearly four years after their mother was believed to have abducted them.
Police in the border city of Tijuana said Thursday that they located the 11-year-old boy and 9-year-old twin boys and arrested Jennifer Dejongh. Police identified the mother by her maiden name, Jennifer Lopez.
The boys - the grandsons of Republican U.S. Rep. Gary Miller - were turned over to U.S. authorities at the border between the two countries early Thursday, said Steve Whitmore, a spokesman for the Los Angeles County Sheriff's Department.
"My wife and I are extremely relieved that after more than 3 1/2 years our grandchildren have been found unharmed and returned safely to the United States," Miller said in a statement.
Dejongh, 34, was turned over to the Los Angeles County Sheriff's Department. She is being held on $500,000 bail, Whitmore said.
Dejongh was charged in November 2007 with three counts of child custody deprivation, said Jane Robison, a spokeswoman for the Los Angeles district attorney's office. Dejongh is due to appear in court oFriday.
Robison said she did not know if Dejongh had an attorney.
The arrest was the result of collaboration among Mexican police, the FBI and Los Angeles County investigators. A U.S. man also was arrested in the Wednesday night operation, Mexican police said in a statement.
Dejongh had joint legal custody of the boys with Miller's son Brian Miller, but there was an ongoing legal dispute between the couple.
In November 2007, she was supposed to drop her three sons off at the congressman's house for an extended visit but did not take them there.
Gary Miller represents the 42nd Congressional District, which includes the communities of Diamond Bar, Brea, Chino and Chino Hills.
Jim Cairns Advocated Child Snatching
November 20, 2007
In this article on Dr Charles Smith, the part we care about is at the
end. Ontario's deputy chief coroner Dr. Jim Cairns prodded a children's
aid society to remove a child from his parents.
expand
collapse
Pathologist's work 'bordered on the bizarre': inquiry
Tom Blackwell, National Post
Monday, November 19, 2007
TORONTO -- Dr. Charles Smith's work verged on the bizarre, was
sometimes hard to comprehend and showed signs of a "Sherlock Holmes"
approach to his scientific discipline, a public inquiry heard Monday.
The discredited Ontario pathologist's record underwent a blunt
post-mortem itself as a team of international experts began to dissect his
flawed investigations in a series of child deaths.
Many of the pathologist's errors were not subtle miscues, but complete
misinterpretations of evidence, the forensic pathologists from Britain and
Alberta testified. That included the skull fracture Smith unexpectedly
diagnosed from microscopic examination of tissue -- after issuing an
autopsy report that said there was no such injury.
"To me, it's almost bordering on the bizarre that, on a chance finding
looking down your microscope, you would find a skull fracture," said Dr.
Jack Crane, head pathologist for Northern Ireland. "It's just incredible
that this would happen."
Crane said he looked at the same tissue sample from the four-month-old
baby known at the inquiry as Joshua, and concluded it was a "suture," one
of the natural gaps in babies' skulls before the bone fuses together.
In the same case, Smith was quoted in notes by a police officer as
saying that autopsy evidence suggested a right-handed person had pushed
down on the infant's throat.
There was no science to justify such speculation, which seemed akin to
"making it up," said Crane.
"That's sometimes referred to as the Sherlock Holmes approach to
pathology," added Dr. Christopher Milroy, chief forensic pathologist with
Britain's Forensic Science Service.
Smith had concluded Joshua died from asphyxia, possibly as a result of
intentional suffocation. His mother, Sherry Sherret, was charged with
first-degree murder, though she was later convicted of infanticide.
The pathologists agreed the cause of death should have been listed as
undetermined. Sherret is now trying to get the conviction overturned.
At one point in the same case, Smith said he could not be sure about
the cause of death but offered his opinion after saying "If I was a
betting man, I would bet that it was ..."
Crane was frank in his assessment of such testimony. "This is not a
day at the races," he said. "This was a totally inappropriate phrase to
use."
Milroy lambasted the Ontario pathologist for his work in the case of
Jenna, a 21-month-old girl whose mother, Brenda Waudby, was also charged
with murder. Her charges were eventually dropped, and last year the
girl's 14-year-old male babysitter pleaded guilty to manslaughter. Smith
incorrectly estimated the time the fatal injuries occurred, diverting
attention away from the teenage boy, he said. He also failed to turn over
to police a key piece of evidence: a pubic hair found in the toddler's
vagina, which turned up in the pathologist's office four years later.
"The situation that arose here, I just find it impossible to imagine it
occurring in our system," said Milroy. "There is no way the hair would
not have been seized ... There is no way it would have ended up in a
pathologist's desk drawer."
The criticism was not isolated to one former pathologist. In the case
of Nicholas, Smith said the 11-month-old Sudbury, Ont., boy died of a
blunt-force injury that was probably intentional. Though his parents were
not charged by police, the Children's Aid Society tried to take away a
child born later. The outside experts say there was no basis for the
finding, and the cause of death should have been listed as undetermined.
Crane blasted Dr. Jim Cairns, Ontario's deputy chief coroner, for
writing a letter in support of the Children's Aid Society application to
seize the other child, saying it was "quite inappropriate" for an
independent judicial official to intervene on one side of a child-welfare
case.
hush hush
November 19, 2007
The Edmonton woman who cannot be name charged with killing the child that
cannot be named is facing a hearing that cannot be reported. In view of
these conditions, we will henceforth refer to this as the Alberta Kafka
case.
expand
collapse
Hearing underway for foster mother charged with murder
Edmonton Journal, Monday, November 19, 2007
EDMONTON - The preliminary hearing has started for an Edmonton foster
mother charged with with second-degree murder in the death of a
three-year-old boy.
The name of the the 32-year-old woman and the boy cannot be released.
There is also a publication ban on reporting on the preliminary hearing
that is scheduled for five days.
According to previously published reports, the boy died from severe
head injuries shortly before midnight on Jan. 27, after being taken off
life support.
His foster mother is charged with second-degree murder, assault causing
bodily harm, aggravated assault, failure to provide the necessities of
life and child abandonment.
Adoption for Dollars
November 19, 2007
The Windsor Star, a medium sized newspaper, published a letter severely
critical of children's aid. How long will it be until the Toronto Star does
the same?
expand
collapse
Agencies benefit from adoptions -- not kids
Letter
The Windsor Star, Published: Saturday, November 17, 2007
Children in the care of the province are being marketed like
commodities. Does the public not realize that each child has a $10,000
provincial adoption bonus on his/her head, payable to the local child
welfare agency?
A Star article shows that the province will accept just about anyone
who is not on social welfare themselves as prospective parents. It even
says it will consider people with previous criminal records, provided the
crime is not too heinous.
Seventeen-year-olds are practically adults. Are they really suitable
material for adoption? Should impressionable children be sent into homes
with alternative lifestyles?
Increased numbers of Crown wards represent increased agency wealth and
more service sector jobs.
The "best interests" of children is not the creation of huge social
welfare agencies nested in luxurious quarters built at the expense of poor
parents and innocent children.
DOLORES SICHERI
Lakeshore
Mom on a Roll
November 15, 2007
In March we mentioned the case of California mother Deanna Fogarty-Hardwick who won a jury
verdict of $4.9 million against Orange County for taking her two daughters
without cause. Now the courts have awarded her an additional $1.6 million
to cover the costs of her litigation.
expand
collapse
Orange County Judge Orders Social Services to Pay Mom $1.6
Million in Attorney's Fees
On October 31, 2007 Orange County Superior Court Judge,
Ronald Bauer (Dept. CX-103) awarded Deanna Fogarty-Hardwick over $1.6
million in attorney's fees to help defray the cost of litigation against
Orange County Social Services. The fee award arises from Ms.
Fogarty-Hardwick's recent court victory against the Orange County Social
Services and two of its social workers, Marcia Vreeken and Helen Dwojak,
earlier this year.
San Diego, CA (PRWEB) November 8, 2007 --
RE: Fogarty-Hardwick v. County of Orange, et al.
Superior Court of California, County of Orange
Case No. 01CC02379 (Trial before Hon. Ronald L. Bauer, Dept. CX103)
On October 31, 2007 Orange County Superior Court Judge, Ronald Bauer
(Dept. CX-103) awarded Deanna Fogarty-Hardwick over $1.6 million in
attorney's fees to help defray the cost of litigation against Orange
County Social Services. The fee award arises from Ms. Fogarty-Hardwick's
recent court victory against the Orange County Social Services and two of
its social workers, Marcia Vreeken and Helen Dwojak, earlier this year.
The case was brought by Deanna Fogarty against the County of Orange,
Marcia Vreeken, Elaine Wilkins, and their supervisor Helen Dwojak to
recover damages arising from these defendants' alleged falsification of
evidence, perjury, and suppression of exculpatory evidence during a
juvenile dependency action back in February of 2000. On March 23, 2007
after over six years of litigation and a seven week trial, an Orange
County Jury found against Orange County, social worker Marcia Vreeken, and
social worker supervisor Helen Dwojak and awarded monetary damages of $4.9
million. Elaine Wilkins was found not liable.
In addition to seeking damages, Ms. Fogarty-Hardwick also sought to
enjoin the Orange County Social Services Agency from continuing its
allegedly unlawful practice of making allegations of wrong doing against
parents in dependency proceedings without supporting evidence. On May 14,
2007 Orange County Superior Court Judge, Ronald Bauer (Dept. CX-103)
issued an injunction against the Orange County Social Services Agency
requiring the agency to obtain "reasonable and articulable evidence" prior
to initiating dependency proceedings alleging abuse, neglect, or
abandonment of a child.
San Diego Lawyer Shawn A. McMillan, of the Law Offices of Shawn A.
McMillan, was lead trial counsel in the case.
For additional information, contact:
Shawn A. McMillan, Esq.
The Law Offices of Shawn A. McMillan, A.P.C.
4955 Via Lapiz
San Diego, California 92122
Telephone: (858) 646-0069
Facsimile: (206) 600-4582
Website: www.mcmillan-law.com
More on Rogue Expert Dr Charles Smith
November 15, 2007
The Goudge inquiry has revealed details of ten new cases in which
pathologist Dr Charles Smith acted as an expert. Dr Smith was inclined to
find parental wrongdoing in every case. Sadly, psychiatrists with the same
inclination are still working as experts in child protection cases.
expand
collapse
Smith inquiry reveals details of 10 new cases
Justice Stephen Goudge, left, and inquiry lawyer Linda Rothstein.
Discredited pathologist Dr. Charles Smith made
questionable findings
Nov 14, 2007 04:30 AM, Theresa Boyle, staff reporter
Extensive details of 10 new cases in which discredited child
pathologist Dr. Charles Smith made questionable findings were unveiled at
a public inquiry yesterday.
Justice Stephen Goudge, who is heading the Inquiry into Pediatric
Forensic Pathology in Ontario, issued a publication ban on the names of
some of the victims while others were replaced by pseudonyms.
Lawyers for individuals covered by the ban said the move was necessary
to protect their clients from further hardship.
But the case files, some more than 100 pages long, reveal the details
of the deaths of the 10 children – most of them infants; one almost
4-years-old.
In all of the cases yesterday, criminal charges were laid against one
or both of the parents based on Smith's findings after autopsies on the
victims.
The inquiry has chosen to deal with 18 of the 20 cases in which there
were found to be problems. The 18 case histories released yesterday –
including the 10 previously undisclosed – filled two large binders.
During testimony yesterday, the inquiry heard that senior officials in
the province's chief coroner's office decided four years ago that the
brakes had to be put on Smith.
"Decision by all present – he can't continue medical-legal post-mortems
or committee work," state notes taken by Al O'Marra, then chief legal
counsel to the office of the coroner.
He was referring to Smith, who was present at that October 2003 meeting
along with then-chief coroner Jim Young, deputy coroner Jim Cairns, and
acting chief coroner Barry McLellan.
The committee work referred to in O'Marra's notes were the Pediatric
Death Review and Death Under Two committees. Smith sat on both.
O'Marra's notes were tabled yesterday as exhibits.
The province called for the inquiry after it was revealed that problems
had been found in 20 child-death investigations in which Smith performed
autopsies or rendered opinions. In 12 of those cases, individuals were
convicted of crimes; in one, an individual was found not criminally
responsible; and in seven, people were suspected or charged with crimes
but not convicted.
O'Marra's notes from the high-level meeting indicate that Smith did not
want to take responsibility for the problems.
"No insights into problems – deflects all criticism to failings of
others," read the notes.
McLellan, who testified yesterday, revealed that there was some
disagreement in the chief coroner's office on what to do about Smith.
McLellan favoured a hard-line approach, but his boss at the time, Young,
disagreed.
"We did not agree. ... Dr. Young was aware of my position. I
certainly respected his position as chief coroner," McLellan said.
But when McLellan was promoted to the job of chief coroner in April
2004, he took immediate steps to remove Smith from the position of head of
the Ontario Pediatric Forensic Unit, located at the Hospital for Sick
Children.
"I met with Dr. Smith and I indicated that I felt he should not be
continuing in that role," McLellan said.
The inquiry heard how Young had publicly stated that an internal review
was necessary, after murder charges were dropped in the case of Louise
Reynolds, who spent two years in jail for the death of her 7-year-old
daughter. Smith had concluded the child was stabbed to death but a review
by other pathologists determined she was mauled by a pit bull.
Commission counsel Linda Rothstein said evidence will be produced in
the coming days showing that despite Young's call for an internal review
at that time, the coroner "later determined that a review would not go
ahead because of legal advice."
Smith himself had even asked his superiors to intervene after charges
were withdrawn in the Reynolds case and in the case of a woman who had
been charged with killing her 3-year-old stepson. Other pathologists had
determined the boy died after a fall.
In a January 2001 letter to Young, Smith asked to be excused from the
performance of medical-legal autopsies and that an external review be done
of his work.
Concerns about Smith persisted as the number of questionable cases
continued to mount, the inquiry heard.
"I personally had concerns about Dr. Smith's ongoing involvement with
committees, with conducting autopsies and with being the director of the
unit in the context of ongoing concerns about his work," said McLellan,
who also noted that Smith had an ongoing problem with tardiness.
He said that in 2003, Cairns responded to the concerns by removing
Smith from the committees that investigate child deaths.
"He was still at this time conducting autopsies on non-homicide and
non-criminally suspicious cases and he was still director of the unit,"
McLellan noted, referring to the Hospital for Sick Children's forensic
unit.
Smith's performance was eventually addressed by a forensic services
advisory committee, which is expected to be further examined by the
inquiry today.
The new cases
1. Baby F
Date: Born and died Nov. 28, 1996.
Case facts: Baby F’s mother, a teenager, told police
she had felt sick after coming home from school. After sitting on the
toilet for 30 minutes, she saw a great deal of blood. Under hypnosis, she
recalled seeing a baby in the toilet covered in blood and water. She put
the baby, wrapped in a towel, in a plastic bag in her closet. On July 6,
1998, she pleaded guilty to infanticide and was given a two-month
“conditional sentence, to be served at home,” three years’ probation and
150 hours of community service. A psychiatric assessment indicated that
Baby F’s mother had been “consistent in denying that she knew about the
pregnancy” and was suffering from “acute stress disorder.”
Smith’s finding: The baby girl appeared to be
full-term and survived “for a period of time” following delivery. Death
was caused by asphyxia, attributed to infanticide.
Outcome: Baby F’s mother was granted a pardon on Oct.
24 last year.
2. Tamara
Date: Born Jan. 18, 1998; died Feb. 8, 1999.
Case facts: Tamara had no contact with her father
until September 1998, after which her mother testified he came over three
or four times a week and helped look after Tamara and her two sisters.
The Children’s Aid Society was notified after Tamara was treated at Sick
Kids’ hospital on Jan. 20, 1999, for a broken thigh. Tamara and one of
her sisters were left in the care of Tamara’s father the morning of Feb.
8, her mother said. She called several times but he didn’t answer. He
told police she was in her playpen with a bottle and he fell asleep.
Tamara’s mother testified that when she came home, Tamara was lying on her
back with a scrape on her forehead and a bruise on her cheek and not
breathing. A radiology report found “multiple fractures in various stages
of healing ... highly suspicious for nonaccidental trauma.” The father
was charged with second-degree murder.
Smith’s finding: Cause of death was given as “asphyxia
associated with multiple traumatic injuries.”
Outcome: Tamara’s father pleaded guilty to
manslaughter Aug. 30, 2001; he was sentenced to 15 months time served
and 361/2 years prison.
3. Katharina
Date: Born March 20, 1992; found dead Sept. 15,
1995.
Case facts: Katharina’s father, Lawrence Babineau,
and mother, Gabriela Chaparro-Najar, married in 1993 when the baby was 11
months old. The family lived in Oshawa until June 1994, when the parents
split up and the mother moved with Katharina to her sister’s home in
Toronto. A custody battle began with Chaparro-Najar alleging that
Babineau had abused the child and Babineau claiming she had threatened to
kill Katharina rather than let him have custody. Babineau told police he
feared she would flee with the child to her native Colombia. Police
forced entry into the apartment. They found Katharina’s body in the
bedroom and Chaparro-Najar climbing over the balcony. She was charged
with murder.
Smith’s finding: Death was caused by “asphyxia in a
pattern of neck or chest compression,” consistent with having been
suffocated with a pillow. The exact time of death, he said, was
uncertain.
Outcome: On Nov. 3, 1997, Katharina’s mother was
found not criminally responsible. She was detained at the Centre for
Addiction and Mental Health until April 2001. She received an absolute
discharge on Dec. 13, 2001.
4 .Taylor
Date: Born April 16, 1996, in Thunder Bay; found
dead July 31, 1996.
Case facts: Taylor’s parents, Lanny and Laura, were
charged with second-degree murder, criminal negligence causing death and
failure to provide necessities of life. The couple had had an argument,
after Taylor had been put to bed, and Laura left the apartment carrying
her son from a previous relationship. Lanny followed her and the couple
were seen arguing and crying before the three returned home. Lanny
reported he fell asleep on the couch and was woken by Laura’s screams. An
autopsy revealed several broken ribs and a brain injury. Cause of death
was given as acute head injury. There was information that Larry had
abused a child he had with another woman.
Smith’s finding: Noting that the original
radiologist’s report observed two or three fractures, Smith said a review
of evidence indicated a total of 14 fractures and other possible injuries.
He said the cause of death was consistent with “blunt trauma,” not
shaking.
Outcome: Lanny and Laura were discharged on all counts
because “there was no evidence of motive, intent or exclusive opportunity
to cause the injury that resulted in Taylor’s death.”
5. Tyrell
Date: Born Feb. 1, 1994; died Jan. 23, 1998.
Case facts: Tyrell’s father, Garth, was in jail for
manslaughter and the whereabouts of his mother, Janette, unknown. He
lived with Garth’s former partner, Maureen, and her two children. Medical
reports said Maureen said Tyrell had been running around, jumped off a
couch and fell, hitting his head. He was taken to hospital Jan. 19,
1998, after she couldn’t wake him. He was transferred to the Hospital for
Sick Children, where he died. Cause of death was recorded as “herniation
of brain stem ..... consistent with a severe shaking episode.” Maureen’s
son told police she hit Tyrell “a lot.” Maureen was charged with
second-degree murder.
Smith’s finding: Smith reportedly told police that
the head injury was caused “by flat object — impact.” He testified that
Tyrell did not show signs of “classic shaking” but couldn’t rule out the
possibility. Smith noted a contusion or discolouration to the brain that
was noted by another examiner, who disagreed with his opinion that “a
household fall can result in death only when there is epidural
hemorrhaging.”
Outcome: The charge against Maureen was withdrawn Jan.
22, 2001.
6. Dustin
Date: Born Sept. 9, 1992; died Nov. 18, 1992.
Case facts: Dustin lived in Belleville with his
parents Mary and Richard. After an argument, Mary spent the night at a
friend’s home, leaving Dustin with Richard. When she returned, there was
another violent quarrel and Richard left, taking Dustin and Mary’s
daughter, who was not his biological child. Richard was later seen
pushing a baby carriage. Dustin was in it, a witness said, “with foam
(coming) out of his nose. He was white and his eyelids were blue.” The
witness told police Richard shook Dustin, but not violently. A hospital
radiologist reported injuries “strongly suggestive of a shaken baby.”
Cause of death was given as respiratory failure and a traumatic brain
injury.
Smith’s finding: Smith commented in his report that
“In the absence of a credible explanation, this injury must be regarded as
non-accidental in nature.” In testimony, he said, “Though I would prefer
the explanation that it was a shaking-type injury, I cannot rule out the
possibility that, in fact, he was stuck by some blunt object.”
Outcome: On April 21, 1995, Richard pleaded guilty to
aggravated assault and was jailed six months.
7. Gaurov
Date: Born Feb. 11, 1992; died March 20, 1992.
Case facts: On March 18, the mother of a 5-week-old
boy called 911 and said he had
stopped breathing. According to the
father, he had been fed at 12:30 a.m. A half-hour later the father heard
the baby cry and picked him up. He took several breaths, gasped, turned
blue and went limp. The father tried to resuscitate him. Emergency
services and Gaurov’s aunt and uncle arrived. The aunt shook him a couple
of times to try to revive him. He was rushed to hospital with no
heartbeat and not breathing. He was intubated and his heartbeat restored.
After tests, he was transferred to the Hospital for Sick Children. A CT
scan found brain hemorrhaging consistent with shaken baby syndrome. On
March 20 baby Gaurov died.
Smith’s finding: Smith listed cause of death as “head
injury.” In his autopsy report he stated the baby had acute epidural
hemorrhaging of the spinal cord and acute subdural hemorrhaging.
Outcome: Gaurov’s father was charged with
second-degree murder on July 1, 1992. On Dec. 3, 1992, he pleaded guilty
to criminal negligence causing death and was sentenced to 90 days.
8. Delaney
Date: Born Dec. 20, 1992; died May 23, 1993.
Case facts: Five-month-old Delaney lived with his
mother, Olga Policarpo, in Woodstock, Ont. On the day before his death
his mother had invited her relatives to her house to pray for help for her
2-year-old niece, who had liver and heart problems. Relatives later said
they communicated with the Virgin Mary. Delaney was found dead the next
day. Policarpo was arrested and taken to hospital, where doctors assessed
her as being in a psychotic state.
Smith’s finding: The cause of death was listed as
“asphyxia.” Smith told police the baby’s death was caused by compression
or blunt trauma injury and there was evidence of hemorrhaging in the upper
chest and lower neck. In a request for a skeletal survey of Delaney, he
wrote: “Sudden death of baby while family was involved in cult-like
activities.”
Outcome: Policarpo was charged with second-degree
murder. While in hospital she told Susan Garton, a nurse at London
Psychiatric Hospital, that the Lady of Guadeloupe “made me kill my baby.”
She was found not guilty of second-degree murder but was convicted of
infanticide.
9. Amber
Date: Born March 13, 1987; died July 30, 1988.
Case facts: Amber was born in Timmins, Ont. Her
parents, Francis and Richard, left her in the care of S.M., a 12-year-old
babysitter, on July 28, 1988. During the day the toddler fell down five
stairs, the sitter said. Paramedics found the baby with no visible
injuries and breathing irregularly. On July 30, 1988, she was pronounced
brain dead. The cause of death was listed by the coroner as “cerebral
edema due to head injury after an accidental fall.” An autopsy was
requested due to “a high level of suspicion of foul play.”
Smith’s finding: Smith testified he believed Amber had
been shaken to death. He told police there was no way the fall could have
killed her. The final autopsy report was signed on Nov. 28, 1988, but
Smith only cited a “head injury.”
Outcome: S.M. was charged with manslaughter on Dec.
15, 1988. She was acquitted on July 25, 1991. Smith testified Amber’s
injuries “don’t fit those from a fall down stairs.” The judge ruled
shaking wasn’t established to his satisfaction. S.M.’s father laid a
complaint against Smith at the College of Physicians and Surgeons, which
ruled Smith’s approach was acceptable.
10. Kenneth
Date: Born May 18, 1991; died Oct. 12, 1993.
Case facts: At the time of his death, the almost
2-1/2-year-old lived with his mother and stepfather, Rick, in Oshawa, Ont.
Kenneth’s mother was still in high school in Scarborough when the baby was
born. She came from “an abusive and dysfunctional family” and had
problems with alcohol abuse and parenting. Kenneth had been in Children’s
Aid Society care four times. He had repeated trips to the hospital for
seizures, asthma, bumps, bruises and a broken leg. On Oct. 9, after an
afternoon nap, Kenneth’s mother woke to find him twisted in his sheets and
blankets and unable to breathe. She got him out and called 911.
Paramedics found Kenneth without any vital signs. On Oct. 11 he was
termed clinically dead.
Smith’s finding: In his post-mortem report Smith said
the cause of death was asphyxia. He testified his findings from the
autopsy were consistent with suffocation with a soft object or a plastic
bag.
Outcome: Kenneth’s mother was convicted of
second-degree murder in October 1995 and sentenced to life. While
awaiting trial she gave birth to a son, which the CAS took away.
The known cases
Lianne Thibeault: Smith suggested Thibeault was
responsible for the death of her 11-month-old son before another
pathologist concluded the cause was undetermined.
Brenda Waudby: Because of Smith’s findings, that
Waudby’s 21-month-old baby died of abdominal trauma that occurred hours,
even days, before her death, Waudby was wrongfully charged. A babysitter
later admitted beating the baby shortly before she died.
Anisa and Marco
Trotta: After Smith’s pathology reports on the death of their
baby were deemed unreliable, the couple, who already spent time in jail,
were granted a new trial by the Supreme Court.
Louise Reynolds: After Smith concluded that her
7-year-old daughter’s injuries were consistent with stab wounds, Reynolds
was charged with the death. It was later determined that her daughter was
killed by a dog.
William Mullins-Johnson: Smith consulted on the case
of Mullins-Johnson’s 4-year-old niece, determining she was strangled.
After Mullins-Johnson spent 12 years in jail, Smith’s testimony was
reviewed and he was acquitted last month.
Angela Veno and Anthony Kporwodu: Smith was criticized
for “inexplicable tardiness” in filing reports after the couple was
charged with killing their baby — charges later thrown out. Smith was
cited for unwillingness to provide crucial evidence in other cases as
well.
Sherry Sherrett: Based on Smith’s findings, Sherrett
spent six months in jail for the death of her 4-month-old. Another
pathologist later determined the baby died of natural causes.
Addendum Those interested in the Smith case can
refer to the website of the Goudge
Inquiry. There is a new blog dealing with the case of Dr Charles Randal Smith. The
introduction by the author reads:
harold levy
- Industry: Communications or Media
- Occupation: journalist and lawyer: public eye!
- Location: toronto : ontario : Canada
About Me
I recently retired from the Toronto Star where I have been reporting on
Dr. Charles Randal Smith - a former pediatric forensic pathologist at the
Hospital for Sick Children - for the past six years. I intend, through
this blog, to periodically report developments relating to Dr. Smith in
the context of the on-going public inquiry, the on-going independent probe
of cases he worked on between 1981 and 1991, and cases which have been
launched, or will be launched in the civil courts. (Postings to begin
early in October, 2007) if not earlier. I am currently researching a book
on Dr. Smith and would appreciate hearing from anyone who can provide me
with useful information.
Below is a letter posted to the blog on October 31, 2007.
expand
collapse
From Maurice Gagnon to Chief Coroner Dr. James Young, October 5,
1999:
Dear Sir/Madam.
I wish to register a complaint against one Dr. Charles Randal Smith
for conduct unbecoming a civilized human being, let alone a member of the
medical profession.
Dr. Smith is the Director of the Ontario Pediatric Pathology Unit
located at the Hospital for Sick Children in Toronto.
He is also a member of the Pediatric Review Committee of the Office of
the Chief Coroner.
My grandson, Nicholas Gagnon, my daughter's only child, died suddenly
on November 30, 1995,
On the recommendation of Dr. Smith, and under an order signed by the
Attorney General of Ontario, Nicholas was disinterred on June 25, 1997.
We had been assured that the disinterment would occur at daybreak,
between 5.30 and 6.30 a.m., to avoid curiosity seekers and to minimize the
impact on the family.
However, to accommodate Dr. Smith, the disinterment took place at high
noon, in the presence of on-lookers and the child's grieving mother.
Had protocol been followed, my daughter would have been spared this
devastation.
In what I can only assume to be unprecedented in the annals of
civility, Dr. Smith brought his young son to the grave site to witness
the exhumation, no doubt for the boy's entertainment.
Not only did Dr. Smith, the man responsible for the disinterment,
trivialize the desecration of our baby's grave, he contemptuously mocked
my daughter and the memory of her son, by flaunting his "live" son while
cavalierly digging up her "dead" son.
What manner of a man can be so callous, so cruel, so oblivious to the
consequences of his actions?
At the very least, my daughter, this family, are deserving of an
apology for such an insensitive display by this member of the medical
profession... Thank you for your consideration...
See Inside Family Court
November 14, 2007
An investigative report by Kentucky television station WLKY includes rare
video of the proceedings inside a family court. They don't look anything
the courts that hear evidence from both sides before reaching a decision.
On the video you can see a mother lose three children in a 17 minute
hearing. There is no evidence, just an opinion by a social worker, without
cross examination or opportunity for rebuttal. In other cases there is
biased evidence, long-distance visitation and a caseworker with criminal
charges. Social workers show routine disdain for fathers. Even without an
audit, there is reason to believe that social services removes children for
financial rewards. A legally required hearing is not held. A mother loses
her kids for spanking, for leaving younger kids with a 16-year-old and for
leaving three kids in a pool while searching for a fourth kid who got lost.
While transferring a case from one court to another, damaging evidence was
preserved but exculpatory evidence was lost. A social worker had a conflict
of interest, a friendship with an adverse party. A family saw a neighbor's
child they wanted, and successfully asked child protectors to seize it and
give it to them for adoption. When a mother sued the child protection
agency, her lawyer's children were taken.
For the links above marked "stream" you will have to right-click your
mouse and copy the link to the clipboard, then place it in a media player.
The embedded pages require Windows Media Player. The first two sometimes
require reloading.
expand
collapse
Target 32: Kentucky's Child Protection System
Investigated
UPDATED: 10:38 pm EDT July 6, 2006
LOUISVILLE, Ky. -- A Target 32 investigation took a closer look at the
state child protection system one year after NewsChannel 32 first raised
serious questions about an agency that saw a dramatic rise in the numbers
of children it removed from homes.
WLKY had to go to court just to air its initial reports after an
attempt by the state to stop it from showing what's currently going on.
While everyone's story can't be told, Target 32 can provide an in-depth
look at one case that exemplifies the things represented in hundreds of
complaints it's received: allegations of quick trigger child removal with
no proof of parental wrongdoing, and then retaliation against those who
fight back.
Vanessa Shanks of Hardin County provided WLKY with video of a
confidential hearing held to remove her children from her custody.
"They took them right after court, so I didn't get to say goodbye,"
said Shanks. "They just went straight to my house and removed the kids
for one and a half missed days of school."
While it may take weeks, months or years to take someone's freedom away
in a circuit courtroom, on May 16, 2005, it took 17 minutes to take three
of Shanks' children away in a family courtroom.
The videotaped hearing consisted of a judge, a state-appointed attorney
to represent the children, a cabinet for a Health and Family Services
attorney, and a witness: state social worker Carlonda Fields.
"Truancy was the original allegation, but then they came to the house
and said the home was unsafe because I just got done doing laundry and
there was a bleach bottle with the cap off on the floor," said Shanks.
"So they said my home was unsafe for children."
The only proof offered of educational neglect is testimony from the
social worker that one of the three children they removed had a
kindergarten reading level even though he was 11 years old. As for the
number of school days missed, no school records were offered -- just an
opinion from the case worker.
"The truancy was because she was unable to get up and get them to
school," said Fields.
On the allegation of medical neglect, no evidence of that is offered
during the preceedings for two of the three children. Fields testified
that the other child, who has spina bifida, had missed some doctor's
appointments.
According to the video, the judge said he's heard enough about 17
minutes into the hearing.
"I think all the essential requirements have been established, and I
find the requirements of the statute have been satisfied and that order of
detention be issued for each of the three children," said the judge.
"I didn't see my children for 11 months. It is the hardest thing you
can go through," said Shanks. "It's like someone close to you just dies,
like you don't have a part of you anymore."
When she fought back -- appealing the ruling -- Shanks said they took
her other three children away and then briefly removed 14 children from
her extended family.
Target 32 tried to check out this allegation but CPS would not comment
about individual cases.
Attorney Bob Bishop said he couldn't believe what he saw when he took
Shanks' case and reviewed the hearing that he said contained no proof of
wrongdoing.
"There has to be something, some evidence of wrongdoing that has placed
a child in danger or has hurt the child, and a pattern of conduct not due
to poverty alone," said Bishop.
"He would come home and say 'You wouldn't believe this. I just can't
believe these stories I'm hearing.'" said Bishop's wife, Jennifer Bishop.
"Then it happened to us."
According to the Bishops, social workers removed their adopted daughter
from their home, too.
"They said if you don't cooperate with us, we're going to take all of
your children away, and we're going to charge you with emotional abuse,"
said Jennifer Bishop.
Fortunately for Shanks, the Kentucky Court of Appeals ruled that the
judge made a mistake in allowing her three children to be removed, and she
is going to get them back.
The court unanimously ruled the state acted in haste and offered no
proof of abuse or neglect.
While endings like this are rare, records show terminations of parental
rights have been upheld in the majority of such cases before the court
over the past 10 years.
The man in charge of CPS, Social Services Commissioner Tom Emberton
Jr., said he would not discuss individual cases like Shanks', but he did
comment on the issue of retaliation -- the most common theme of the
hundreds of complaints WLKY has received..
"I have not seen any signs of retaliation and will not tolerate
retaliation," said Emberton. "We deal with a tremendous number of
families. Isolated cases are going to surface, and we will address these
issues very quickly and appropriately when they do."
Emberton announced that an independent group has been named to come in
and review the way parental rights are terminated in Kentucky.
That adoption task force comes in addition to an investigation of CPS
under way by the state inspector general.
To submit a complaint, please call Robert Benvenuti at the Office of
the Inspector General, at 502-564-2888.
Target 32 Investigates: Child Protective Services
UPDATED: 10:50 am EST November 14, 2007
LOUISVILLE, Ky. -- The Chief Supreme Court Justice of Kentucky is
surveying judges across the state to see if he should suggest opening up
child protection courts.
Kentucky is one of 21 states that still close child protection
proceedings. But there is a growing movement to open them after the
Inspector General of Kentucky documented widespread abuses within the
child protection system.
After three years of controversy, problems linger. A Target 32
investigation found that social workers are troubled by what they call
suspicious conduct by their colleagues already under fire in the Inspector
General’s report.
Linda Roberts, a single mother who had her four children taken away
after her ex-husband sexually assaulted one of them, turned over a tape of
her child custody proceeding.
“All of a sudden she called in and said ‘remove those kids,’” Roberts
said. “It was a very heart-wrenching thing to do after I’d worked so hard
to get them back, then for no good reason to take them away again. It was
very difficult.”
The next time her children were taken, she didn’t get a hearing to
defend herself within 72 hours, as required by law.
“They were just in shock to come home and pick up a few things and go
away,” Roberts said.
Now she’s in family court defending herself from an allegation that she
spanked her daughter with a belt.
The school system never saw any marks on the children, so the CPS
social worker ruled the physical abuse allegation unsubstantiated. Then,
Roberts was also accused of neglect due to allegations that she left the
children alone.
The Louisville CPS workers also determined the neglect allegation was
unsubstantiated, in large part due to a note from a supervisor giving the
single working mom permission to leave the children with their 16-year-old
sibling for short periods of time, in emergencies, which she did.
The Louisville-based social workers took Roberts’ side, as a success
story.
“Ms. Roberts appears to me to go above and beyond with her kids
because she puts them in child enrichment programs and takes them to
school, she picks them up after school,” a CPS social worker said. “We
have letters from supervisors, directors, neighbors, co-workers, all
stating that whenever they see Ms. Roberts, they see her kids. Neighbors
say they never see kids home alone.”
But judge Shan Embry ruled differently because of a previous court
order reading “The children may only be left with their older adult
siblings when not in the care of their mother.” Roberts was found in
contempt because, according to the court, “younger siblings were left with
the 16-year-old on four to five occasions.”
The judge also found that the children “were all physically disciplined
by Linda Roberts with a belt and switch on numerous occasions.”
And the final reason cited by the judge for taking Roberts’ children:
“Leaving three of her children alone in the Lizard Bay pool at Disney
World for at least 30 minutes” while she was looking for another child who
got lost.
“They go by what they want to do regardless of the law,” Roberts said.
While that ruling outraged Roberts, something else that happened in the
case was disturbing, even to social workers. A supervisor in the
Louisville office detailed what she called suspicious conduct in the Meade
County CPS office where the case against Roberts originated.
“The case file was not there and we don’t know where the case file
went,” the supervisor said. “Once we started requesting the records, the
phone calls stopped. We didn’t get any phone calls back.”
The case file that contained records supporting Linda Roberts
disappeared, while the information against her was forwarded to Louisville
when the case transferred.
Then, Louisville investigators learned the “Meade County investigator
who executed the initial affidavit alleging contempt is the best friend of
the temporary custodian’s mother-in-law.”
“They can pull strings and do things and files can disappear, reports
can be made and children can be snatched out of a home without even a
hearing,” Roberts said. “In many ways they make their own decisions, not
based on legal grounds, and nobody's doing anything about it."
Social Workers Allege Child Protection Service Abuses
UPDATED: 3:21 pm EST November 14, 2007
LOUISVILLE, Ky. -- Social workers are alleging abuses in Kentucky's
Child Protective Services.
In a follow-up to a 3-year investigation of CPS, NewsChannel 32
interviewed a group of Kentucky social workers who alleged families are
harassed and workers are pressured in efforts to boost adoption numbers.
Pat Moore said she was a state social worker until she was fired for
not ignoring half a dozen allegations of abuse in a foster home.
"I did what I felt like I had to do," Moore said. "It was the right
thing to do and I stand by the complaint."
When Moore found that two foster parents had criminal records, a son
living with them had multiple felonies, and a convicted sex offender
visited and, sometimes, cared for the children, she refused to arrange an
adoption.
Her supervisors responded to her complaint with a memo suggesting the
adoption proceed quickly.
"Our theory is that the basis for this is the tie to the federal
money," Moore's attorney, Tom Beiting said. "That every time a child is
not placed in the home comma the state of Kentucky through its Cabinet is
losing money"
After she was fired, Moore filed suit and last month, the Commonwealth
paid $380,000 to settle it.
The high-adoption trend apparently began in 2004, when adoptions in
Kentucky ballooned to 724 while the federal bonus money more than doubled
from $452,000 the previous year to more than $1 million.
"The Cabinet puts pressure on stats because federal and state money
come from statistics," said another social worker who wants her identity
concealed for fear of retaliation against her family. "You get praised.
The Cabinet praises you for terminating rights and adopting kids out
immediately."
She said the concerted effort to take children away and put them up for
adoption was so brazen, she actually saw someone successfully place an
order for children.
"Someone could not have a child and wanted a child so within the
community," the social worker said. "This person saw a family in
distress, having a hard time, relayed to workers that they would like
those children, and that's exactly what has happened."
And a former CPS supervisor, who also wants anonymity for fear of
retaliation, said if an order for a child was delayed or denied, her
supervisors would overturn local decisions.
"This one family was promised a child, and when it happened that this
child was going to be reunified with the parent, they called our regional
office, and our regional office came in our county and they harassed the
birth parents and that kind of thing because they didn't agree with our
decision," the former supervisor said.
Vanessa Shanks had her kids taken away and, when she fought back, her
relatives had their children taken away. Then, after she won in court,
her attorney's child was taken away.
The former CPS workers said that kind of retaliatory power is common
and, in the secretive, one-sided system, they can take anyone's kids away
on a moment's notice - and get away with it.
According to data just released, there's a huge disparity between
counties on adoption rates. Some counties reunify 100 percent of children
taken with their families. Other counties adopted out as many as 82
percent of children taken from their homes.
Serial Rape
November 13, 2007
An unnamed Oklahoma girl was raped in her home and became pregnant at age
11. The story does not give her relationship to the man, Tommy James
Isbell, but stepfather is a good guess. Social services placed the girl in
foster care, where she was raped by her foster father, Timothy Joe
Mountford, and became pregnant at age 14. All in the best interest of the
child.
expand
collapse
Foster parent arrested on charges of raping 14-year-old
— JAY, Okla. — A Grove man, accused of raping and impregnating his
14-year-old foster daughter, is free on $150,000 bail, court officials
said Tuesday.
Timothy Joe Mountford, 49, is charged in Delaware County District Court
in Jay with second-degree rape and child sexual abuse, both felonies. He
was arrested on Friday.
According to an affidavit warrant signed Sgt. Mark Sheridan, Grove
Police Department detective the victim had a seizure at school and was
taken to Integris Grove General Hospital.
During the course of the examination, the victim and her foster mother
were told the victim was about 11 weeks pregnant, the affidavit states.
When the victim returned home, she confessed to her foster mother
Mountford assaulted her before the current school year began the affidavit
states.
Mountford also confessed to the victim’s foster mother that “he had sex
with … one time at their house in their bedroom on their bed,” the
affidavit states.
Nick Lelecas, assistant district attorney declined to comment on the
case citing the victim is a juvenile, when asked if the victim had been
removed the foster home.
The victim was placed in foster care after she was raped and
impregnated when she was 11 years old.
In that case, Tommy James Isbell, 35, of Jay pleaded guilty to four
counts of first-degree rape and 12 counts of forcible sodomy and was
sentenced to life, court records show.
Isbell confessed to having sex with the child since she was 9, but
stated the sexual activity was consensual, according to a Jay Police
Department investigative report.
Adoptions Remain Secret
November 13, 2007
The Ontario government has decided not to try to save the Adoption
Information Disclosure Act from the decision of the courts, so it is dead.
COAR holds out hope for a watered down version from the next session of the
legislature.
expand
collapse
COAR Bulletin
November 13, 2007
Today COAR learned that the Ontario government has decided not to
appeal Judge Belobaba’s decision. The Minister of Community and Social
Services phoned COAR this afternoon to give us the news.
The government plans to amend the Adoption Information Disclosure Act
and add a disclosure veto. They plan to do so very quickly.
COAR has already shared with the government the additions we consider
necessary to make AIDA a better and workable law.
Please write as soon as possible to the Minister and ask her to amend
AIDA to include:
- a comprehensive health history form for individuals who choose to file
a disclosure veto
- an active registry open to birth relatives, adult adoptees and their
descendants
- the release of comprehensive non-identifying information to birth
relatives and adopted adults in a timely fashion
- an improved medical search system that allows adoptees and birth
relatives to take preventative action
Please send your letter to Minister Madeleine Meilleur at
mmeilleur.mpp@liberal.ola.org . Write also to your MPP to ensure that the
government includes as many of your rights as possible when it amends
AIDA. To find your MPP's address, click here:
In a few years, AIDA will come up for review. We are hopeful that we
can seek further changes at that time. We will continue to fight for
those few adoptees and birth parents who are blocked from obtaining
information by the disclosure veto.
While we are saddened and disappointed that the government has chosen
not to appeal Judge Belobaba’s decision, we see this as an opportunity to
improve AIDA and create a law that works. COAR is continuing to fight on
behalf of adoptees and birth parents in Ontario.
In solidarity,
Michael Grand, mgrand@uoguelph.ca
Karen Lynn, ccnm@rogers.com
Wendy Rowney, wrowney@rogers.com
CAS Dupes TSE
November 13, 2007
The Toronto Stock Exchange joins the large list of corporations and
individuals who have been hoodwinked by
children's aid. The Children's Aid Foundation will be allowed to signal
the opening of the trading day on November 15. Link here to the original press release. Boyfriend Gouged
November 12, 2007
From the just when we thought it couldn't get any worse department.
Norwegian foster parents have found a new way to profit from their foster
kids. A teenaged foster daughter had a love affair. From the article, it
is clearly a genuine love affair, not a child rape. The affair seems to be
actionable in Norway because the boy is four years older than the girl. The
foster parents have twice gouged the boy for compensation of 10,000
Norwegian Krone over the girl's objections.
expand
collapse
Updated: 08. november 2007 kl.12:42
Girl refuses sex compensation
A nearly 15-year-old girl has refused to accept damages awarded for sex
with an older boy in a court case she has opposed from the start.
A four year older man was convicted of having sex with a minor by a
Romsdal court, and ordered to pay NOK 10,000 (USD 1880) in compensation,
but the girl has opposed the process, newspaper VG reports.
The girl argued that she was not a victim, that she had contacted the
man and that she had had sex with him willingly.
The girl's foster parents registered a complaint with child care
authorities and filed charges with police, and demanded damages for the
girl.
"As long as the girl is a minor and the guardian demanded damages, I
had to submit a claim for damages. But I informed the court that she did
not wish any form of compensation," the girl's lawyer, Johan Teiseth, told
VG.
The court insisted that, legally, the girl could not renounce damages.
The convicted man has had a long and close relationship with the girl,
and has one former conviction on similar charges towards the girl, and
then too was ordered to pay NOK 10,000 in damages.
Pregnant Woman Flees
November 12, 2007
Fran Lyon, menaced with baby removal on the expected birth of her child
next January, has fled her locality to a different part of Britain. British
social services plan to have social workers and police attending the birth,
to remove the baby as soon as the cord is cut. If this was fiction, a
publisher would reject the story as implausible. We will see whether Fran's
move will save her baby. With the hullabaloo about informing pregnant women
of baby removal, it is possible British social services will shift to the
American model: assure the mother there is no plan to take the baby, then
snatch it from the helpless mother in the delivery room, sometimes even
before the afterbirth. We had earlier stories on Fran on October 18 and November 3.
expand
collapse
Mum-to-be flees North to keep tot
Nov 11 2007, by Phil Doherty, Sunday Sun
A PREGNANT woman claims she has been hounded from her home by social
workers who plan to take her baby as soon as the cord is cut.
Fran Lyon, 22, has been told by Northumberland County Council her
unborn daughter will be taken from her because she may suffer from
Munchausen Syndrome By Proxy in the future and harm her child.
She has left her Hexham home, alleging the birth plan drawn up by
social services is abusive to her unborn child, Molly.
She has moved to the Midlands to be closer to her family for the birth.
She said: “They won’t even let me breast-feed her because they allege
I might poison her.
“This is just an extreme over-reaction and complete nonsense. “I’m
hoping the acrimony and difficulty between Northumberland County Council
and myself will not be repeated with the new social services team.”
Fran, whose baby is due in eight weeks, has told social services of her
move and her legal team are due to met the representatives of the new
social services team that will now take on her case.
According to the birth plan — which has been seen by the Sunday Sun —
two midwives must be present. It details how the baby will be taken from
Ms Lyon as soon as the cord is cut, that the child is removed to foster
care as soon as possible and that the police will be called if she doesn’t
co-operate.
Foster Graduation
November 11, 2007
We used to wonder where children's aid found all those workers with the
extraordinary personality traits allowing them to shamelessly take children
from mom and dad. Now we know. They are graduates of foster care
themselves.
A reader with unusual patience for tripe has studied a report of
Bridgeway Family Homes, a home for foster children and crown wards. Of
eighteen graduates profiled, eight aspire to careers in social work, or
police work in support of social services.
expand
collapse
LIZ POWELL: Liz just finished two years at Tyndale University
and a half year at Seneca College. She is now attending York University
full time. Her goals are to work at the Children's Aid Society or work in
the psychiatric field with mood disorders. She work's part time at Swiss
Chalet and part time at Tyndale at the desk. She's very happy.
BECKY POWELL: Becky is doing well. Becky
works full time at McDonalds and lives in Toronto. She say's she is
enrolling at the adult learning center next week to continue her
education.
RODNEY BARNES: Rodney is full time at Ryerson and he is
studying journalism and hopes to work as a journalist one day. He is
employed by an underground Toronto newspaper that he writes random
articles for. He has also been playing guitar at Open Mike nights on
campus and plans to go tree planting in British Columbia this summer.
VANESSA CLARKSON: Vanessa is currently living in
Niagara Falls and working in the retail business. After graduating with
honours in the Social Service Worker course in Peterborough, she was ready
to work in the field but could not find anything in Niagara Falls. She
originally moved to Niagara Falls to save money for university while
living with friends. She still intends to get a Social Work Degree.
MOLIANA VIL: Moli is doing well and is
positive about her life. She is working at a Wendy’s restaurant for quite
some time. She has been doing hairdressing for a while and did not find
this very interesting. Moli wants to go back to school for Social Work.
CANDACE BERNARD: Candace is living in Laval QC
taking a French course and understands and speaks French well. She had
some setbacks but is now working part time on her high school credits and
is determined to complete this. She says after she completes her credits
she wants to attend college and be a teacher to work with young children
perhaps in a daycare or grade 1 or 2 level.
OLESYA SLABINSKI: Olesya graduated from grade 12 and is just
completing her first year at Algonquin College in the Personal Support
Worker program. She has plans to return to college and further her
education as a dental hygienist. She is thrilled to have completed this
year and is eager to work and make some money. She knows even after
completing the dental hygiene program she will also have this PSW program
to fall back on for a choice of jobs.
BOGDAN SLABINSKI: Bogdan is currently in grade 12 and does two
in school credits and two co-op credits. Co-op is in the construction
business, which he really seems to enjoy. He is well liked by his
employer and they have offered him an apprenticeship program, which he is
currently looking into registering for. He will do this for 2 years until
completed.
JIMMY MCCARTHY: Jim has a part time job at Sunoco as a cashier
and car wash attendant to earn money for college. He has won awards as an
athlete and as a percussionist in his school band. He is also certified
as a lifeguard/swim instructor with CPR/First Aid. He graduates from High
School this June and plans to enter Durham College this fall to study
Social Work. He wants to work with street kids for awhile in a ministry
such as “The Refuge” in Oshawa.
KELLY MCCARTHY: Kelly graduates this June to the E.C.M.
program. (Extended Care & Maintenance) He works part time at Swiss
Chalet while completing high school and he has won awards in Science. He
has been accepted into Durham College this fall for the 3 year Computer
Technology program. He hopes to get a good enough paying job in computers
so that one day he can help support other foster kids who need college
scholarships. He’s currently very interested in police officers who are
computer specialists who track down Child abusers & pornographers.
YUAN BARNES: Yuan is currently finishing grade 12 and has
applied to 3 universities to study music education. She is in the middle
of the audition process and does not know which school she will attend in
September. Right now, besides high school she is keeping busy studying
music harmony and grade 9 piano. Yuan works part time at Tim Horton’s and
volunteers at Church leading kid’s worship on Sunday mornings and helps
out at Junior High twice a month. She is not sure which career to follow.
Teaching music, music therapy and piano tuning are all being talked about.
DONNIE WINGER: After several years of going
through some difficulties, he is now in a very good place. Donnie is
working full-time for G.P. BIKES in sales, maintenance, home shows etc.
He has paid off debts, and established a bank account, and has his own
credit card. He is doing well!
BOBBY WINGER: Is working full-time for BETZ POOLS and this last
year they put him through a course on pump maintenance. He has his own
car and is also doing well.
JONATHAN KEATING: Jonathon turned 18 in 2005 and left home in
2006. Currently he is finishing off a life skills program and is so
excited to be starting two jobs. One job will be at Walmart and the
second job is at the new soccer stadium.(for the summer).
BRADLEY ROWE: Bradley is working full time in
the construction industry. He is currently working in a new home
development. He has a nice apartment and he bought his own car recently.
RORY HARRISON: Rory has graduated from grade 12 and
will be attending university to study history.
ANDREW LITTLE: Andrew is doing well. He lives in the Barrie
area in a staff supported, independent living home. Andrew holds a full
time job in a T-shirt screening store.
KATRINA GARDNER: Katrina just graduated from Mohawk College
achieveing her Social Worker Diploma. She has completed her first year at
Carlton University where she plans to graduate with her BA in Social Work.
She lives in Ottawa and works full time during the summer.
As usual in social services, they make no mention of the foster kids that
wound up behind bars, and they name children in a way that would get real
parents in jail.
The introduction of the newsletter describes an incident on a public
street in which a mother was observed trying to get a garment on a
recalcitrant child. The characterization exemplifies the prejudice against
natural parents, and favoring fosters: "It may have been a mother and son
having a disagreement of some sort and I could have totally misread the
whole situation. However I prefer my version where I am reminded of the
unconditional love that is extended to foster children from foster
parents.".
A later section asks the question: "What can dinosaurs teach us about
fostering?". The discussion contains the advice: "If you have a rigid idea
of what parenting looks like, fostering is probably not for you". Indeed.
Social work is for you. With a rigid idea, you will find lots of parents to
relieve of their children. Maybe dinosaurs and the foster system were both
too big.
The newsletter publishes the masterpiece below from the Social Work
Museum of Fine Arts, by Skylar, age 3.
National Child's Day
November 11, 2007
Parents will have an opportunity to take their views to the public on
Tuesday, November 20 from 8 am to noon in an event organized by Fathers are
Capable Too. There is nothing about the cause of separation in the
organizing, so parents bereft by child protection can join those affected by
divorce.
expand
collapse
Date: Sun, 11 Nov 2007 10:07:28 -0500
National Child's Day
National Child's Day is our annual day for reminding the Courts of
International Conventions on the rights of children to family, all family
and specifically frequent contact with both parents as parents. This is
the anniversary of the day that Canada signed this Convention, but the
Courts have long decided that international convention applies only to
other nations. Please come out and support the rights of our children --
all of our children -- on this important day.
In Toronto, we will be at the family court building at 393 University
Avenue (just south of Dundas) on November 20 at 8:00 am to noon/1pm. We
want to let these people know what Canadians think as they show up to
work, rather than after they hide in the building. Attire is recommended
to be business attire -- like a shirt and tie -- it eliminates the usual
dismissals of what we have to say. Please remember that this is November
in Canada -- it is COLD. Dress warmly, bring gloves, wear a hat because
we will be outside and we will be in the weather.
In other jurisdictions, it is our understanding that other groups will
be present also at selected spots. If you are out as an individual, or as
a group, please let us know at webmaster@fact.on.ca.
Indians Fire Child Protectors
November 11, 2007
The Bloodvein First Nation in Manitoba has expelled child-welfare workers
from its reserve, to protect their families from heavy-handed tactics. What
is the chance white men will follow the lead of the Indians?
expand
collapse
Manitoba reserve fires child-welfare workers
Band councillors take over social work duties
Last Updated: Friday, November 9, 2007 | 5:53 PM CT, CBC News
A Manitoba First Nation has kicked child-welfare workers off the
reserve, saying its members are tired of their heavy-handed efforts.
Two hundred members of the Bloodvein First Nation handed a petition to
their band council in late October, demanding Southeast Child and Family
Services workers be ordered off the reserve.
On Oct. 31, the reserve issued a memo to families and foster parents
saying the "Bloodvein supervisor and CFS band workers have been relieved
of their duties and responsibilities as per band council resolution."
Coun. Stella Keller told CBC News that too many children were being
taken into care and shipped off the reserve.
"They approach families and they tell them, 'Well, you know, we can
just take your kids, just like that,' and to me that's a threat," she
said.
"CFS is not only there to apprehend kids. CFS should work together
with the health programs to have intervention, prevention, and this wasn't
really happening."
Chief Craig Cook said he opposed firing the workers, but he was
outnumbered and had to carry out the wishes of council.
"The CFS staff were doing all they can to confront the issues that
plague our children," he said.
"A lot of times our young parents will utilize the funds like the child
tax benefit, the welfare payments, to support some of their habits — binge
drinking, alcoholism — negative habits that go on in our community."
The band's four councillors have taken over child-welfare duties —
including family visits, foster-care payments, local business payments,
children in care and all court proceedings — for now.
Keller acknowledged that the replacement workers, herself included, are
not qualified social workers and have little information about children in
care or at risk in the community.
However, she said, "I've lived here all my life. I know the families."
Parenting skills lost, says father
John Cook, a father of five on the First Nation, had mixed feelings
about the firing of the CFS workers. "A few" children on the reserve
could be at risk, he said.
"The majority of the problem is alcohol, I believe, and neglect," he
said. "Parenting skills, I think, were lost a long time ago during the
residential [school] programs, where our kids were taken from our homes
and never learned to parent."
Keller said she hoped the reserve will remain peaceful over the
upcoming long weekend, since none of the councillors handling
child-welfare cases will be in the community for the weekend.
If trouble erupts, she said, the community will have to handle it.
Officials with the Southeast Child and Family Services authority did
not return calls from CBC on Friday.
Southeast CFS is run by aboriginal people under a provincial policy
launched five years ago in the hopes of increasing social workers'
sensitivity to the needs of aboriginal families.
About 600 people live in Bloodvein, an isolated reserve located 200
kilometres north of the province's capital on the east side of Lake
Winnipeg.
Sex-Ed No-No
November 11, 2007
Politicians used to try to keep children from buying erotic material on
the grounds that sex education was the domain of parents. No any more. A
Wisconsin mother has been forced to accept punishment for discussing sex
with her teenaged sons. Maybe authorities in Wisconsin prefer teens to
learn from pimps and prostitutes.
expand
collapse
Sunday, November 11, 2007
Alleged explicit sex discussion gets mom probation
Smalley
A Pardeeville mother accepted a plea agreement on charges she had a
sexually explicit discussion with her two sons, even while she maintained
she did nothing wrong and that she didn't understand why she was charged.
Amy J. Smalley, 36, said in court Thursday that she accepted the plea
agreement in part because she thought it would be in the best interest of
her sons, ages 12 and 16, in that it would spare them from testifying in
court.
"I think this is what I'm going to have to do to make everyone happy,"
she said.
According to the charges filed against her, Smalley last year told her
sons about several sexual experiences she had. She also allegedly
described performing oral sex and also showed the two a sex toy.
"That is what I'm being charged with, but that is not what I did,"
Smalley said. "I believe I'm not guilty."
Smalley's attorneys unsuccessfully argued in court in July that the
charges should be dismissed as the discussions should be protected as free
speech between a parent and her children in the vein of sexual education.
Smalley said the charges were filed after she brought her sons to
counseling in an attempt to help them from getting into trouble. One of
her sons told authorities he did not think the discussion was appropriate.
"This whole thing's been like a nightmare for me and I can't understand
it," she said.
In the agreement, Smalley pleaded no contest to a misdemeanor charge of
exposing a child to harmful material in exchange for the dismissal of a
felony charge of exposing a child to harmful descriptions.
Columbia County Circuit Court Judge James Miller accepted the agreement
and sentenced Smalley to a year of probation in addition to counseling —
following the recommendation of Assistant District Attorney Crystal Long.
The felony charge could have levied a sentence of more than three years
in prison and fines up to $10,000.
If the trial moved forward, Smalley's sons almost surely would have
been required to testify.
"That would cause a great deal of additional pain and discomfort,"
Maura Melka, Smalley's attorney, said. "This is an internal family
matter. ... Having the children testify would just be so hard."
mcall@capitalnewspapers.com 745-3510
Adoption Record Appeal
November 9, 2007
John Dunn forwards a message from Marie Marchand announcing a hearing on
and effort to get her adoption records. Supporters are invited to attend in
Toronto on November 13 and 14. Appellate hearings are not very exciting,
but this is an opportunity to show the party, and the court, your
support.
expand
collapse
PLEASE SHOW YOUR SUPPORT IN TORONTO IF YOU CAN
NOV 13, 14 2007 10:00am
The appeal is on Tuesday and Wednesday at the Ontario Court of Appeal-
the buildings on the corner of Queen and University. We start at 10 both
days. The case is called Infant #10968 also known as D. Marie Marchand
v. The Queen in Right of Ontario.
Peace,
DM
PRESS RELEASE - October 22, 2007
Adoptee/lawyer taking on government in Ontario Court of Appeal for open
records.
D Marie Marchand, a lawyer and adoptee, will be acting in person
arguing an appeal at the Ontario Court of Appeal, on November 13 and 14,
2007 at 10:00 A.M. - at the Queen/University court Complex.
Marchand has been a member of the bar since 1996. She states she feels
like "David must have felt when facing Goliath". Like David, she says she
has "God on her side but her slingshot is the Charter of Rights and
Freedoms".
She will be fighting for open adoption records appealing the decision
of Frank J. in Marchand v. Her Majesty the Queen, which found among
other things that Marchand didn't have standing to be in her court because
Marchand's records weren't sealed. As Marchand states: "This is
ridiculous - how am I supposed to know my records are sealed or not when
my records are sealed? The government had 23 years to tell me that, but
instead they waited until the day the government was to respond to our
Notice of Constitutional Question to do so! With this kind of behaviour
and its approval by the courts, our right to even assert our
constitutional rights is in jeopardy.
There's a 40 percent chance an adopted person's records aren't sealed,
so we could face the possibility that nearly half the adopted people who'd
be willing to come forward would have the same dilemma. The other thing
is the Registrar General or the adoption agencies can use their discretion
anytime to release even sealed records. Either way, the case, if handled
like Frank J. handles it would always be thrown out of court".
Marchand has a two-fold battle on her hands: the government has not
decided whether or not to appeal the Cheskes case which struck down the
somewhat less than perfect open records legislation brought forward while
in the middle of Marchand's case. They have delayed this decision until
November 15, the day after Marchand's appeal is completed.
As a result, it appears the weight of both decisions will fall on Ms.
Marchand's shoulders. In Marchand's words, "Why would the government
bother to pay their lawyers to do the Cheskes appeal when I'm going to
have to do it anyway?".
Marchand may be contacted at [ bigbear3 at sympatico.ca ]
The appeal is on Tuesday and Wednesday at the Ontario Court of Appeal-
the buildings on the corner of Queen and University. We start at 10 both
days. The case is called Infant #10968 also known as D. Marie Marchand
v. The Queen in Right of Ontario.
Peace,
DM
More on Gary Putman
November 8, 2007
The Orangeville Banner has another hagiography on the retiring Gary
Putman. The publisher of the Banner only prints stories on children's aid
that have Mr Putman's prior approval. We have learned a few of the things
that will never get into the Banner. Mr Putman has unleashed a reign of
terror on the families of Dufferin that generated hundreds of personal pleas
for help to Dufferin VOCA. The man who pretends to protect women from
violence has taken dozens of children from single mothers. A smattering of
other children were taken from intact families, cases in which his staff
routinely suggests that one parent should divorce the other to improve their
chances of keeping their kids, an implied promise that is never kept. A few
foster parents and prospective adoptive parents also complained of harsh
treatment from Mr Putman's staff. The terror extended within his own
organization to his staff, and to other institutions such as the press.
When faced with a membership drive that threatened to undermine his power
through legitimate political organizing, he responded not by improving the
performance of his agency, but by adopting rule changes cutting the
membership out of a voice in the selection of management. In April 2001
Dufferin Children's Aid started five separate actions through its lawyer to
get Dufferin VOCA shut down. While failing to shut us down totally, he
prevented advocating for particular families by inflicting even more
hardship on the families that we did mention.
The article says Mr Putman has three children, without specifying how he
got those children. Parents who claim to know have reported that at least
one is adopted. Is there any conflict of interest in taking babies by force
of arms while also adopting? The photographer was gracious in taking a
picture that did not show Mr Putman's extreme obesity.
expand
collapse
Orangeville Banner
Gary Putman retiring after 30 years with family services
Monday November 5 2007, ERIC SPARLING
Gary Putman
Gary Putman has had a long tenure as the executive director (ED) of
Dufferin Child and Family Services. When he started the job, back in
1978, he was just 31. He'll be retiring on Nov. 30. In between, he's
raised three kids with his wife, and overseen the growth of the Dufferin
Children's Aid Society -- a small agency with eight employees -- into a
multi-service agency employing almost 100.
Joining Dufferin CAS from Peel CAS was a smart career move for a young
social worker. It also afforded the Putman's the opportunity to get back
to their small town roots -- both grew up in rural centres -- to raise
their children. But they had a five-year plan, after which the intention
was to move on. That didn't happen.
"[We were] quite happy here," says Putman, adding that they lived first
in Orangeville, and then in Erin Township. A year ago the couple
relocated to Cambridge, where they plan to retire living close to family.
A number of different aspects of the job kept him motivated through the
decades, says Putman.
"We know we're doing good work," even if the perception isn't always
positive, he says. He also credits the community with keeping his work
rewarding, from the pleasures of raising kids in the area, to the
partnerships the agency has enjoyed over the years. The growth of the
agency, as well as its broader mandate -- agency HR manager Jennifer Moore
says it includes child protection, mental health, support for the
developmentally-challenged and work with families in crisis -- has kept
the ED on his toes.
It was just two years ago that DCFS moved into a building on Riddell
Road built by a Guelph developer for their purposes, bringing all of the
services under one roof. The agency will be buying the building at the
end of a five-year rental contract, says Putman.
The final reason he offers is his colleagues: "A great bunch of people
that work here."
Just because he's enjoyed his work doesn't mean it hasn't been without
its challenges. Dufferin presents a number of obstacles to happy, healthy
families. The first is the commute. A huge number of residents face a
daily drive to Peel Region or Toronto. That was true when Putman moved to
Orangeville decades ago and it's still true today (although some commutes
have actually shortened, he says, due to increased employment
opportunities west of Toronto). Long days can put stress on families:
kids come home to empty houses and parents miss family time. The ED also
began noticing an increase in hard drug use about a decade ago. It
doesn't rival the problems faced by large cities, he says, but it's made
an impact on the community. And despite the amalgam of services offered
by his agency, he says services to families in the region are still
"fractured."
Dufferin is a relatively small player in southern Ontario, so local
residents find they need to travel to Wellington or Peel -- increasingly
the latter -- for help.
"There are some real cracks" in services for kids with serious
emotional or mental health needs, says Putman, citing the fact that
children who need inpatient psychiatric care are currently sent to Oshawa
for treatment.
In a month or so, however, these problems will become someone else's
professional responsibility. The soon-to-be retired executive director
says many people have asked him his plans for retirement. He won't be
doing social work, at least not in the short term; if he wanted to
continue working, he'd stay in his current position, he says. With a new
grandson and travel plans -- possibly back-to-back summers on the east and
west coasts -- Putman figures he has enough to keep him busy. But come
six months from now, he may start assessing social work projects he'd like
to tackle.
Looking back on almost three decades of service to Dufferin, Putman
returns to the kids. When he hears from a child who has been helped by
him or the staff -- "had a significant impact" on their lives -- that's
one of the job's biggest rewards.
Lawyer Loses Daughter
November 8, 2007
What should a father do when he sees two women roughly treating his baby
daughter? Apparently taking the baby from them by force and leaving is not
the correct response. British lawyer Jonathan Phillips has lost his
daughter and she will be placed for adoption. This case acts as well as a
warning to lawyers: we are more powerful than you, and if you cause us
trouble, we will take your children. Remember that the next time you wonder
why a lawyer fails to provide effective representation in family court.
expand
collapse
The Daily Mail, 08/11/07
Solicitor jailed for snatching own baby daughter from
social workers
By ANDREW LEVY
A solicitor who snatched his baby from two care workers before going on
the run has been jailed for 20 months.
Jonathan Phillips, 40, punched the two women, one of whom was heavily
pregnant, before grabbing his daughter and speeding away in his car.
The child had been taken into care because of concerns over his wife's
mental health - although the couple insist she does not present a risk.
Regret: Solicitor Jonathan Phillips will spend almost two years in
prison and may not be allowed to see his daughter until she is 18
They were allowed to visit their daughter for two
hours every day at a family contact centre in King's Lynn, Norfolk. But
Phillips lashed out because he felt staff were treating her too
roughly.
He shouted, "Take your hands off my baby" before overturning a table,
attacking the women and seizing his child, who was four months old at the
time.
Phillips, a soldier in the Territorial Army, fled with his wife Erica
and the child, who cannot be named for legal reasons. They were stopped
on the M6 near Birmingham later the same day.
Phillips, of Downham Market, Norfolk, was sent to prison after
admitting kidnap and two charges of assault causing actual bodily harm.
Before he was sentenced he said: "I was acting under extreme
provocation. Social services had taken our baby into care under dubious
circumstances and whenever we visited her, the staff handled her roughly,
overfed her and generally ill-treated her.
"I lashed out in the heat of the moment. I could see my family
crumbling before me.
"Now the tragedy is that she looks set to be adopted and we will not be
able to see her again until she is 18."
Wife: Erica Phillips was deemed mentally ill by social services -
the couple deny this
Norwich Crown Court heard that Norfolk County
Council gained an interim care order in May to place the child in foster
care because of Mrs Phillips's mental health. The couple say they have
independent evidence showing she was capable of looking after her baby.
Mark Shelley, defending, said Phillips was "a well respected and
popular solicitor".
"It was not a planned snatch," he said. "It was a culmination of
emotions as he could see his daughter slipping away from him."
The court heard the two care workers suffered cuts and bruises during
the attack in August.
Phillips was jailed on Tuesday for 12 months for kidnap and eight
months to run consecutively for the assaults.
"These are extremely serious charges and I cannot see them in any other
light," Judge Paul Downes told him.
Mrs Phillips, a qualified cardiology nurse, said afterwards that staff
at the contact centre were rude and would go out of their way to upset
them. She added: 'My husband is a decent man and a kind and loving
father and had no criminal convictions before this.'
Norfolk County Council said the sentence sent out a strong message that
violence against its staff was unacceptable.
Nobody Responsible for Mother's Death
November 7, 2007
The death of Sally Clark has been ruled accidental. Two of her three
children died in infancy, for which she spent three years in prison as a
double baby killer until exonerated by the courts. She never recovered. In
the face of the obvious evidence that she drank herself to death, the ruling
of accident spares the family the embarrassment of admitting that it was
suicide, and spares the child protection apparatus the greater embarrassment
of admitting that they killed her.
expand
collapse
Wrongly-jailed Sally Clark died from drink
By Matthew Moore, Last Updated: 1:55pm GMT 07/11/2007
A solicitor wrongly jailed for murdering two of her children died of
acute alcohol intoxication, a coroner ruled today.
Sally Clark, 42, had so much alcohol in her blood when she died that
she would have been five times over the drink-driving limit, post mortem
tests showed.
Sally Clark's convictions were crushed by the Appeal Court
Coroner Caroline Beasley-Murray ruled today that Mrs Clark's death was
accidental, and said there was no evidence that she intended to commit
suicide.
Earlier the hearing heard that Mrs Clark had been receiving treatment
for "serious psychiatric problems" since the trauma of her court cases and
time in prison.
"These problems included enduring personality change after catastrophic
experience, protracted grief reaction and alcohol dependency syndrome,"
the coroner's officer told the hearing.
Mrs Clark's body was found in bed by her cleaner at her home in
Chelmsford, Essex in March this year.
"There has clearly been a most tragic history leading up to Mrs Clark's
sad death," the coroner said. "The court's hope is that Mr Clark and the
family will be able to treasure all the happy memories they have of Mrs
Clark."
Mrs Clark was in prison for four years largely as a result of
discredited evidence from the paediatrician Prof Sir Roy Meadow.
She had been accused of smothering her sons Christopher, who was 12
weeks old, and Harry, who was eight weeks old. Her conviction was
subsequently quashed by the Court of Appeal.
Today a spokesman for her family said Mrs Clark had never been able to
come to terms with the false accusations made against her.
"Having suffered what was acknowledged by the Court of Appeal to be one
of the worst miscarriages of justice in recent years, it is hardly
surprising that her ordeal culminated in the diagnosis of 'enduring
personality change after catastrophic experience', 'protracted grief
reaction' and 'alcohol dependency syndrome' and that she was never able to
return to being the happy, kind and generous person we all knew and
loved," the spokesman said.
"The hope is that some good may come out of the tragedy of her untimely
death and that a sense of balance will be restored which will not only
protect infants but also their innocent parents."
Mrs Clark was charged with murder following the sudden death of Harry
in Jan 1998. Fourteen months earlier, her first child Christopher had
died suddenly at home and when Harry died, medical staff called in the
police.
The convictions were quashed after the Appeal Court was presented with
a medical report discovered by her husband Stephen in November 2001, which
showed the presence of the staphylococcus aureus bacteria in Harry's
central spinal fluid.
In addition it revealed the presence of a higher than average white to
red blood cell ratio and polymorphs - cells which fight infection. All
suggested that Harry, rather than being the victim of a non-accidental
death, could have been suffering from a rare form of meningitis.
Blame Dad
November 7, 2007
Kevin Fox was not involved with child protective services, but was still
one of its victims. Child protectors have fostered a culture targeting
parents, especially fathers, as the worst danger to their children. Mr
Fox's three-year-old daughter Riley was raped and murdered, but police,
following the anti-parent culture, blamed dad, and even forced him to
confess to the crime. In the news article, the exculpatory evidence is
postponed until the end.
expand
collapse
Riley Fox's dad set to get his day in federal court
RIGHTS VIOLATED FOR 'CONFESSION'?
November 6, 2007, By KIM SMITH STAFF WRITER
CHICAGO -- Kevin Fox's civil rights lawsuit is scheduled to begin at 10
a.m. today in U.S. District Court.
The lawsuit was initially filed in November of 2004 and lists former
Will County State's Attorney Jeff Tomczak; a jailer; a county social
worker; six detectives; and a polygraph examiner with conspiring to
coerce Kevin Fox into adopting a fabricated tale of how he killed his
daughter, Riley.
Kevin Fox
U.S. District Judge John W. Darrah has denied all motions to dismiss
the civil suit, including the latest one this past September. A trial
date of Nov. 5 was set and recently changed to Nov. 6.
"It could take as long as Wednesday before a jury gets selected," said
Will County Sheriff's spokesman Pat Barry. "Personally, I think it may
not go. There have been talks of settlements."
Around 8 a.m. on June 6, 2004, Kevin Fox reported his daughter missing
from their Wilmington home. He told police he had picked up Riley, 3, and
her brother Tyler, 7, from their grandparents' home late the night before
after attending a concert. His wife, Melissa Fox, was spending the night
with friends planning to participate in the Avon Breast Cancer Walk.
The news spread and in hours hundreds of volunteers scoured the area in
an attempt to find the missing child. Her body was found that afternoon
in Forked Creek nearly four miles from her home.
Kevin Fox was arrested and charged with her murder following a 14-hour
police interrogation in October 2004.
Reportedly, he broke down and told authorities he accidently killed
Riley when he struck her head with the bathroom door. In his panic, he
tried to make her death look like an abduction and sexual assault before
dumping her body into the creek.
Later, Kevin Fox said he gave the statement after being misled into
thinking he would be charged with involuntary manslaughter instead of
first-degree murder. He also said he was threatened and denied access to
a lawyer as investigators screamed at him and vowed to see that he was
sexually assaulted in prison if he did not give a statement saying he was
involved in his daughter's death.
Kevin Fox spent eight months in jail until DNA evidence showed samples
recovered from Riley's body were not his.
Kevin Fox is represented by attorney Kathleen Zellner of Naperville.
Scott Panek, Zellner's office manager, said it is possible that the jury
could get picked today with opening statements to follow either in the
afternoon or on Wednesday.
"I am almost sure," Panek said.
Reporter Kim Smith can be reached at (815) 729-6067 or at
ksmith@scn1.com
Beyond Repair
November 7, 2007
The Baltimore Sun reports on the experience of Bill Grimm, who sued the
state of Maryland and forced them to implement improvements to their foster
care system. Three decades later the system is just as bad.
Among families victimized by the foster care system, the most popular
suggestion for reform is a class-action lawsuit. The Grimm case shows the
futility of achieving reform through the courts. As long as money gushes
into the foster care agencies for each child they take, they will find ways
to corrupt the police, courts, doctors and group homes to keep the money
flowing. The system can only be cured when legislatures get the courage to
cut off the money supply.
expand
collapse
baltimoresun.com
Decades later, and foster kids still suffer
Jean Marbella, November 6, 2007
Bill Grimm was in his mid-30s when he filed a civil rights lawsuit in
1984, charging widespread mistreatment of children in foster care in
Baltimore. The suit was settled four years later with the state agreeing
to vast, systemwide improvements, and Grimm went off to a California-based
national advocacy group to fight similar battles elsewhere, thinking his
work was done in Maryland.
Well, not so fast.
Today, Grimm is 58. Suits he has filed against other states have been
tried and resolved. He can cite foster care reforms he's helped push in
states from Washington to Utah to California. He's even seen one governor
he tangled with in Arkansas go on to become president, and now, that
governor's wife is running for that office as well.
And how about back in Maryland, the first state in which he tried to
help these most vulnerable children, taken from their own homes because of
abuse or neglect and at the mercy of the state to place them in safe
homes?
"Virtually every aspect of the system is deficient," Grimm said flatly
when I reached him yesterday at his office at the National Center for
Youth Law in Oakland, Calif.
As Lynn Anderson reports in The Sun today, lawyers for the children
went to federal court yesterday to detail - in more than 400
sometimes-heartbreaking pages - how the state continues to fail foster
kids. Some are sent to homes where they are abused. Others are bounced
from facility to facility. Caseworkers aren't always visiting them
monthly, as required, to monitor their well-being. Even the basics - like
getting them medical and dental care, or enrolling them in school - prove
a challenge for the state and city social services agencies.
In other words, some of the same problems that prompted his lawsuit in
1984 remain, some of the same problems that the state pledged to remedy in
the 1988 consent decree that settled the suit.
"We can't expect an agency to change overnight," Grimm said.
Or two decades, for that matter.
"It's amazing these things are still going on," he said.
Grimm was called back to Maryland last summer - he grew up in
Kensington and got his undergraduate and law degrees from the University
of Maryland - to help with what he calls "intense" negotiations with the
state to bring this long-running issue, finally, to true resolution.
"That went nowhere," he said.
Grimm's praise for the lawyers keeping the fight going - including
Mitchell Y. Mirviss, who worked with Grimm at the Maryland Legal Aid
Bureau to file the initial lawsuit and now is a partner at Venable, and
Rhonda Lipkin, of the Public Justice Center - is matched only by his
disdain for the agencies and political leaders who have failed to live up
to the consent decree that mandated reform.
"There's a lack of sustained will to make change happen," he said.
"How many administrations have come and gone and paid lip service to the
consent decree?"
Grimm said that the occasional death of a child in foster care will
spark outrage and a flurry of promises to fix the system. But,
eventually, even those tragic events fade and everyone moves on - because
foster children are far from the most powerful of constituencies.
"Where's the political fallout? These kids do not vote. Their parents
probably do not vote. These people are from poor neighborhoods. They
have no lobbyists," Grimm said. "Frankly, it's pretty easy for
politicians to push this aside, except for the occasional sound bite -
'these most needy of children.'"
The problems are deep and beyond the quick fix, Grimm said: Social
workers can have too many cases to juggle, kids are often sent to live in
group homes rather than with a family, there aren't enough people willing
to be foster parents.
"There's a long-standing neglect of foster parents. They are not being
supported," he said. "And they're your best recruiters of other foster
parents, so if they're not getting the support they need, they're not
bringing in new people."
It baffles him that Baltimore's social service agencies have not been
able to tap into the city's wealth of great medical and mental health
institutions for help. "We've litigated cases in rural areas of Nevada
where there were no mental health services, or even medical services,"
Grimm said. "For an urban area not to be able to pull together the
resources to support these children - it's inexcusable. Baltimore should
be an example for the nation."
While change hasn't come as quickly as he imagined when he first
negotiated the consent decree, he doesn't regret filing the suit. And he
still has hope, although maybe not as much as he started out with.
"There are other systems that have made improvements," he said.
"They're not perfect; there are no perfect systems. But it's not
impossible."
jean.marbella@baltsun.com
City's foster care is faulted
Monitors' lawsuit contends Md., Baltimore not carrying out
reforms ordered in 1988
By Lynn Anderson
Sun reporter
November 6, 2007
Baltimore foster children are still being sheltered at a state office
building and still missing medical and dental appointments, according to
lawyers charged with monitoring a long-standing court decree on care for
these children.
In a more than 400-page document filed yesterday in federal court, the
lawyers say the state Department of Human Resources and Baltimore's
Department of Social Services have persistently failed to comply with a
1988 agreement that called for swift reform in the care of foster
children.
Attorneys say that as recently as Oct. 27, a 14-year-old boy in foster
care stayed overnight in a state office building on Gay Street in
Baltimore and that caseworkers are still too slow to enroll children in
school. They say some caseworkers fail to make regular visits to children
to ensure that they are well.
"A generation of children, literally tens of thousands of abused and
neglected children, has lived in the foster care system since [the consent
decree] without receiving the court- ordered services and protections that
[the state] agreed to provide," lawyers Mitchell Y. Mirviss and Rhonda
Lipkin contend in the document charging the state with contempt of court.
"Baltimore's abused and neglected children are entitled to better
treatment than this."
State officials must respond to the contempt filing, and a federal
judge is expected to consider the allegations. Mirviss and Lipkin hope
the judge will appoint a full-time monitor who will follow up on the
state's efforts to improve foster child welfare in Baltimore. Such a
system has worked well in other states, including Alabama and Utah, they
said.
Human Resources Secretary Brenda Donald, who has been in the post for
less than a year, said she knew the court action was coming - she had been
warned in writing by Mirviss and Lipkin as required by law several months
ago. Still, she said she was disappointed that they couldn't wait a bit
longer to see whether her initial reform efforts could produce
improvements.
Donald's agency recently joined with the Annie E. Casey Foundation to
study successful foster care programs in other states and try to replicate
them in Maryland. And for the first time yesterday, Donald met with
leaders at Baltimore's social services headquarters, including director
Samuel Chambers Jr., as part of a new effort called Baltimore ReBuild that
she hopes will speed reforms. Chambers also has tried to enact changes
during his nearly three years in the position, including creating
community centers in several city neighborhoods to reach families in need
of counseling and other services.
"This is a 19-year-old lawsuit, and I have only been here nine months,"
said Donald, who was appointed by Gov. Martin O'Malley this year. She
oversees the Baltimore social services office because it is part of the
state's human resources network. "We've been making such great strides,
and I think there is clear evidence that the central [DHR] office is
taking Baltimore very seriously," she said. "We are bringing a large
number of resources to the city."
Donald said children are staying at the state office building on Gay
Street for a few hours at a time, not days on end as in the spring of 2005
when The Sun first reported that children were sleeping on floors and
chairs. She said there are regular reports on the children who stay at
the office - which is staffed 24 hours a day - and that those reports are
shared with child advocates. In October, 45 children stayed at the office
for an average of 1.9 hours, Donald said.
"I believe that the Gay Street situation has been resolved," Donald
said. "Certainly, it is an overnight placement office and sometimes
children come in in the middle of the night, but they are not staying
there for long periods of time."
Mirviss and Lipkin acknowledge that Donald - a former deputy mayor for
children, youth, families and elders in Washington - has brought new
energy to the agency. However, they said they had heard too many
unfulfilled promises since the lawsuit was first filed to wait any longer
for evidence of improvements.
"We're at a crisis point," said Lipkin, whose position with the Public
Justice Center in Baltimore is funded by legal fees paid by the state out
of the consent decree. "What's unfortunate is that we've been at a crisis
point for quite a while."
Lawyers used the Freedom of Information Act, which guarantees public
access to certain documents, to force the state to let them examine files
of numerous foster children in the city. A review enabled attorneys to
document a history of unsuitable foster home placements - including an
over-reliance on expensive, group home facilities - as well as failure by
the state to ensure basic medical and dental care to some children.
In one case documented by the lawyers, city social services case
workers allowed a 13-year-old girl to live with a family friend who "drank
[alcohol] and physically abused her."
In another case, the agency moved a 14-year-old boy with psychiatric
problems to 11 group homes in as many months. As a result, according to
court documents, the boy's mental condition deteriorated and he had to be
placed in an expensive therapeutic facility.
Mirviss, one of several Baltimore attorneys who represented foster
children when the class action lawsuit was filed in the 1980s, said he
believes that in some ways the city's system is in worse shape now than 20
years ago.
The attorney said he is worried about the large decrease in the number
of foster families in the city - a situation that has been worsened by the
agency's decision six years ago to cut day care subsidies to foster
families. According to information Mirviss obtained from the state, the
total number of foster families in the city has dropped by more than 55
percent - from 3,000 in 2001 to about 1,330 this year.
Donald said her department plans to reinstate day care subsidies for
foster families early next year.
But in the meantime, the drop in foster families has meant that
officials have had to rely more heavily on group homes, which charge the
state up to $60,000 a year per child. Foster families receive a subsidy
rate of $735 a month, or about $8,820 a year, Mirviss said.
Group homes often are not the best living situations for foster
children, many of whom have been sexually abused or have emotional
problems, Mirviss said.
"The system is not providing good outcomes for these kids," he said,
adding that while reading some of the foster care files he felt
heartbroken and angry. "The children who remain in care aren't getting
the services they need to become independent, functioning adults."
lynn.anderson@baltsun.com
Quote of the Week
November 5, 2007
When Ronnie Nauls spoke to the oldest of his three daughters in foster
care, the five-year-old told him: "Daddy, we're ready to come home now, we
promise to be good." The family was broken up for using and selling
marijuana for medical purposes, acts legalized in California by a referendum
in 1996.
expand
collapse
The Federal War on Marijuana Becomes a War on Children
2007-09-10
By Dan Bernath
Automatic weapons. Check. Helicopters. Check. Dogs. Check.
Bulletproof vests. Check.
You may not buy the government's characterization of its campaign
against medical marijuana patients as a "war on drugs," but increasingly
violent, militaristic tactics in recent months offer a troubling glimpse
into the federal law enforcement community's mentality: To them, this is
war.
Raids on medical marijuana dispensaries throughout California July 17
by federal Drug Enforcement Administration agents, often with local law
enforcement officers in tow, seemed designed to send a clear signal that
the feds were deliberately escalating their war on medical marijuana
patients.
The enemy, then, are people like Ronnie Naulls, a Riverside medical
marijuana patient who owned two of the dispensaries raided that day.
A church-going family man who used medical marijuana to ease chronic
pain from injuries sustained in a 2001 car accident, Naulls already had
two successful businesses – one as an IT consultant and another as a real
estate property manager – when he established the Healing Nations
Collective to save fellow Corona patients the hours-long drive to Los
Angeles for medicine.
By all accounts, Naulls ran his collectives with exemplary
scrupulousness. He maintained strict dress codes and professional
standards for all employees. He paid state taxes on the dispensaries –
amounting to several hundred thousand dollars a year – even when loose tax
regulations allowed other dispensary owners to slip through the cracks.
Profits from the dispensaries went to local and national cancer
organizations.
Nevertheless, at 5:50 a.m., July 17, Naulls' home and businesses were
invaded by DEA agents armed with shotguns, automatic rifles – even
helicopters. They seized everything he owned: His businesses. His
property. All of his accounts.
But that wasn't the worst of it. County child protective services came
along on the raid and took Naulls' three daughters, aged 1 to 5, and
charged him and his wife with child endangerment. They weren't even
accused of breaking any state laws.
When Naulls spoke to his children in their foster home, the oldest
said, "Daddy, we're ready to come home now, we promise to be good."
Of course they were too young to understand that they were victims of
the strong-arm tactics of drug warriors whose goal was probably to make
Naulls regret helping fellow patients receive their medicine in a safe,
compassionate environment. Who cares if that means ruining a family
financially, imprisoning the parents, and traumatizing the children?
Federal drug warriors have shown no sign of letting up since then, as
dispensary raids have continued steadily in California and Oregon. The
DEA has even found creative ways to open new fronts in its war by
threatening to go after landlords who lease property to licensed
dispensaries.
[ paragraphs not relating to Naulls omitted ]
Those wishing to contribute to the Naulls family's legal defense fund
can do so at http://www.green-aid.com/defensefunds.htm
Dan Bernath is the Marijuana Policy Project’s assistant director of
communications, www.mpp.org. Email him at dbernath@mpp.org.
Blame Mom by Proxy
November 5, 2007
Diana Owen took her sick baby to the hospital repeatedly. Instead of
finding the problem with the baby, the doctors diagnosed the mother with
Munchausen Syndrome by Proxy and social services put the baby in foster
care. It is a convenient way for doctors to dispose of difficult cases.
Even after the baby's symptoms persisted in the foster home, child
protectors continued to harass the family for a year.
The article says Munchausen is rare, but goes on to say that one hospital
reported ten cases in a year. Multiply that by the number of hospitals to
see that accusations of Munchausen are not at all rare.
The American elite press is now following the British press and reporting
on child protection from the innocent parent's point of view. The Boston
Globe is owned by the New York Times. Here are links to the Boston Globe and our local
copy. Child Protector Arrested
November 3, 2007
A Nevada child protector, Shajuan Ashley Bush, has been arrested for
leaving her infant child alone. Another news source gives her name as
Shajuan Huff-Bush.
expand
collapse
Alyson McCarthy, Reporter
Woman Employed to Protect Children Arrested on Child
Neglect
A county employee whose job it is to protect children has been arrested
for child neglect. It's believed the charge is related to the employee's
own infant.
Eyewitness News just confirmed new details with Clark County officials
-- including the fact that the young woman who was arrested will not be
allowed to return to work pending the outcome of the investigation.
County officials say 24-year-old Shajuan Ashley Bush was arrested
Thursday and booked into the Clark County Detention Center on a charge of
child neglect.
The public information officer for the Clark County Department of
Family Services confirms that Bush was an employee of that department when
she was arrested. Her official position was family services specialist.
While we do not know what her specific job duties included, we do know
she was not an investigator for Child Protective Services. We also know
that the child Bush is accused of neglecting was not under the care of the
county and was likely her own child.
A source familiar with the investigation tells Eyewitness News that a
maintenance worker had entered Bush's apartment Thursday afternoon to make
repairs and discovered a 3-and-a-half month old infant alone inside the
apartment. County officials say that child is now safe, unharmed and in
protective custody.
Shajuan Bush is scheduled to make her first appearance in Justice Court
Saturday morning.
Fran Lyon on TV
November 3, 2007
Fran Lyon, the British expectant
mother condemned prenatally to lose her baby, has appeared on British TV
with her champion, British MP John Hemming. Since the baby does not legally
exist, it is impossible for the courts to issue a gag order. When the baby
is born, we can expect an immediate gag order, shutting the mother up for
eighteen years. There is a copy of the program on the website Family and
Social Services Information Team (wmv, 45 megabytes). We regret that it
has less than the usual audio quality. Since it may disappear with the gag
order, we have a local
copy. Parentless Girl(s) Assaulted
November 2, 2007
A man, Allan Lewis, has been arrested for sexual assault on a girl, or
girls, in a foster home. Being a foster home, the girls did not have a
father to guide them through puberty, or chase away unwanted suitors. The
article also reminds pedophiles of job opportunities placing them near lots
of vulnerable girls.
expand
collapse
Man, 67, charged in foster home sex assault
Nov 02, 2007 09:03 PM, Sarah Boesveld, Staff Reporter
A Toronto man was arrested after a young woman told police she was
sexually assaulted in a foster home.
The assaults are alleged to have taken place in an apartment in the
East Mall and Burhamthorpe Rd. area, which police say has operated as a
foster home for nearly 25 years.
Police believe there are more victims.
Allan Lewis, 67, faces one charge of sexual assault and one charge of
sexual interference.
Anyone who has contact with Lewis and may be a victim is urged to
contact Det. Const. J. Watson or Det. Const. Wolfe at 22 Division
Youth Bureau at 416-808-2205 or Crime Stoppers anonymously at 416-222-TIPS
or online at www.222tips.com.
child 00046 (male)
November 1, 2007
A British Columbia foster boy identified only by his number, 46,
presented evidence in the inquest into the death of Savannah Hall.
According to his testimony his foster mother hit him over the head, give him
cold showers, starved him for four days, bit him and washed his mouth out
with soap. He kept quiet out of justified fear of the foster mom, who later
used deadly force against another child.
His silence illustrates an important truth. When children complain about
abuse, it is mild abuse. Victims of severe abuse have to remain silent.
expand
collapse
Foster child complained about treatment in care
Neal Hall, Vancouver Sun, Wednesday, October 31, 2007
PRINCE GEORGE -- A jury at a coroner's inquest heard shocking
allegations Tuesday from a former foster child who said he was struck over
the head with a wooden spoon so hard it broke, he was put in cold showers
fully clothed as punishment and sometimes went without food for four days
in a local foster home.
The allegations were in a statement by the child, identified only as
Child 46 to protect his identity, which was read into the record by
coroner's counsel Chris Godwin.
The child had complained about his treatment in the foster home of
Patricia Keene, who also looked after three-year-old Savannah Hall, who
was rushed to hospital on Jan. 24, 2001, and died two days later after
being transferred to B.C. Children's Hospital in Vancouver.
The inquest into Savannah's death has heard how the boy's complaint was
received by a social worker and an investigation was ordered Nov. 28,
2000, but it wasn't carried out until Savannah became gravely ill.
Usually an investigation would be launched within a day for a serious
allegation and should be completed within 30 days, but the standard of the
Ministry of Children and Family Development wasn't met in this case.
Former ministry social worker Katrina Ludwig testified she was assigned
to investigate the allegation of abuse and neglect, but she sent an e-mail
to her supervisor on Dec. 4, 2000, saying she was too busy.
Another social worker wasn't assigned to investigate the boy's
complaint until Jan. 25, 2001, and the boy was interviewed the next day.
The inquest was told the boy had put a blanket over his head while he was
being interviewed.
The boy, then in Grade 7, said he and his sister were both mistreated
in the Keene foster home. He said Pat Keene would hit him on the head,
hands and feet with a wooden spoon if he didn't do his chores.
"She hit me so hard on the head, it [the spoon] broke," the boy
recalled, adding his sister was also hit with the spoon.
He said he would be put in a downstairs bedroom that had no windows and
a bed with no blankets .
Pat Keene also gave the boy and his sister cold showers as punishment,
he said, recalling he was sometimes pushed in the shower fully clothed.
He also had his mouth washed out with soap if he didn't speak loudly
enough to be heard, according to the statement read in court.
He said he once bit Pat Keene while she was putting soap in his mouth
and she bit him back, advising him she could bite twice as hard.
He said he didn't want to tell anyone because he thought his foster
mother would get angry at him.
Coroner Scott Fleming warned the jury of five women to use caution in
assessing the statement of a child, who did not attend court to be
cross-examined.
The inquest also heard the testimony of Robert Watts, the regional
director of child welfare in the northern region, who outlined a series of
changes to the ministry made after Savannah's death.
He said there used to be one director of child welfare for B.C., based
in Victoria, but now directors are assigned to regions to oversee child
protection.
Peter Grant, the lawyer representing Savannah's birth mother, Corinna
Hall, at the inquest, asked Watts whether the investigation of Child 46
would "fall through the cracks today" as it did in 2000.
Watts said ministry staffing levels had improved in the north since
2001, and there are more team leaders to supervise smaller groups of
front-line social workers.
"I think the system we have now is better than we had before," he said,
but added under further questioning that he couldn't give an absolute
guarantee the system would protect all children.
Watts agreed with Grant that the ministry is the guardian of children
in foster care, who deserve protection.
"We are the guardians of these children and we owe them a very high
standard of care," he testified.
The inquest is expected to hear the testimony of the foster mother
today.
Earlier Tuesday, a doctor who examined Savannah Hall at B.C.
Children's Hospital before the child died, testified she was concerned
about bruising on the child and the fact that there was massive brain
swelling.
"I was concerned about the location of some of the bruises," Dr. Jean
Hlady, one of the province's top experts in child abuse, recalled.
Hlady said she examined the girl on Jan. 25, 2001, a day after she had
been admitted to the emergency department of the hospital in Prince
George.
After the child was transferred to Children's Hospital in Vancouver,
Hlady interviewed the foster mother, who reported the child had had a mild
cold, had fallen twice the day she was admitted to hospital, and wasn't
feeling well, so was put in bed early.
Hlady recalled the child was initially admitted to hospital with
massive brain swelling, was comatose, had a very low temperature and a low
salt level.
"The history I was given didn't add up," the doctor recalled.
The child was determined to be brain-dead and life support was
discontinued on Jan. 26, 2001, and the child was declared dead when her
heart stopped, Hlady said.
(The girl's birth mother, who was in court for the testimony, wiped
tears from her eyes as the doctor described the end of the girl's life.)
Hlady said she was still puzzled by the case to this day.
The inquest, now in its second week, is trying to determine the facts
surrounding the little girl's death and has heard that the ministry had
received a series of allegations about mistreatment of foster children in
the home.
The inquest jury is expected to make recommendations to try to prevent
a similar death.
nhall@png.canwest.com
Families Trashed
November 1, 2007
Child protectors in Alberta have bullied parents and the media into
keeping quiet about the names of protected children, even dead ones. Now
lax record handling by a social worker has exposed the records of many
families to public view in a dumpster.
expand
collapse
October 31, 2007
Private details in dumpster
Government documents found by bottle picker
By BROOKES MERRITT, SUN MEDIA
Sun Media reporter Brookes Merritt holds some of the hundreds of
sensitive provincial government documents that were found in an
Edmonton dumpster yesterday by a bottle-picker. (Jason Franson, Sun
Media)
Personal information about local foster parents - including driver's
licences, health-care numbers, and even a social worker's private notes on
how kids were being raised - turned up in an Edmonton dumpster yesterday,
free for the picking.
In fact, it was a bottle-picker who found them.
Kevin, 51, was checking his daily "trapline" of dumpsters east of NAIT
yesterday morning when he hit what he called an identity-theft jackpot:
hundreds of government documents containing the entire lives of foster
families from Morinville, Stony Plain, Spruce Grove and other areas.
"It's the kind of stuff that should be locked up or shredded," said
Kevin, who didn't want his last name printed.
One of his own kids is currently in foster care.
"It could have been me in these files. It could have been my daughter.
These people must really be hoping that nobody else got to this
information before I did. This is the kind of information that could
enable the wrong kind of person to track down a kid," he said.
After stumbling across one bulky folder in the dumpster, Kevin called
Sun Media.
A reporter joined him and they returned to the dumpster at 11908 105
St. to recover a second folder and countless other documents.
The folders and documents belonged to Joan Conibear, a social worker
with the Spruce Grove Child and Family Services Centre.
Police said the files were stolen Friday from Conibear's van at the
Chateau Louis Hotel, where she was attending a work function.
Conibear cried yesterday after learning the documents had been located.
"I've hardly slept since then. I called the police immediately and
reported it ... I've been so worried," she said.
One of the parents whose information was recovered is worried about her
case file having turned up in a dumpster.
"Those files are supposed to be sealed. I was under the impression
they weren't to ever leave the government offices," she said. "Who's to
say someone hasn't already taken the information they need from these
documents (to steal an identity)?"
Guy Quenneville, a case worker and union steward at the Spruce Grove
centre, said it's not the first time such an incident has taken place.
"On paper this stuff is supposed to be kept under lock and key, but the
reality is we bring our work home with us. If a family needs to meet a
case worker after hours, we grab their file and meet them."
Child and Family Services spokesman Cheryl Oxford said the people whose
information was compromised are being contacted.
"The protection of people's personal information is of vital priority
for us," she said. "Due to the nature of this work there are times when
information may be travelling in a person's vehicle. In this case a
vehicle was broken into."
FILES FROM CHILDREN'S SERVICES
Here is some of the information included in Alberta Children's Services
documents found in an Edmonton dumpster:
- Allegations of sexual misconduct and physical abuse in foster
homes
- Details of investigations conducted by Children's Services
- Detailed behavioural assessments of foster parents and foster
children
- Contact numbers for foster parents, foster children and case
workers.
- Financial statements of foster parents
- Information about parents whose kids were seized by Children's
Services
earlier news
| |
|
