With respect to three Bayne children and their best interests, and with respect to their parents Paul and Zabeth Bayne, our Ministry of Children and our legal system are tediously approaching the point at which the only and the best thing that MCFD child protection service workers can do is to apologize. After which the Baynes shall shut the door and MCFD shall go away forever.
Yes the case details are complex and the medical features and opinions problematic. Yes the children's births were premature and their development slow and that complicates perceptions. Yes, the case at first glance is similar in appearance to other abuse cases that social workers must work. Yes, these parents defy the norm in that they research and appeal and write letters and do blogging and gain an audience. Yes this case may have a uniqueness about it. All the more reason to be circumspect. Someone else might say, all the more reason not to do stupid things. Oh, that was me.
Seriously, I believe this case will be an embarrassment to social work done by the Fraser Valley Region of the Ministry of Children. It must make conscientious social workers wince. What will become noticeable as this court case concludes is the array of disturbing illustrations of merciless treatment of parents by this team of professional social workers. Throw in sundry instances of clumsiness, incompetence and imprudence and the news media will fill e-pages with the story when Judge Crabtree rules.
Why would you not consistently inform parents in advance that their child(ren) have a doctor's appointment or an eye examination or a school concert. Why would all the customary expectations not be accommodated to Paul and Zabeth? Why do things which collectively give the appearance that you dislike these parents so much that you won't provide common courtesies unless a Judge enforces them? Why does MCFD legal counsel repeatedly seek delays? Good grief, the optics are reprehensible. I suppose that's because the reality is worse. I didn't think I could speak meaningfully to reform yesterday. Today I can. Social Work in BC has to be re-characterized with compassion and courage. If some of you who are engaged in social work are going to tell me that these qualities do exist, I will be gratified because I have not observed it here. This case comes down to this. In spite of the parents' explanation of an in-house accident in which one child fell upon an infant, Dr. Colbourne diagnosed the smaller child's injuries as consistent with a shaken baby. She notified MCFD and RCMP. No criticism, that was her job. She was legally bound to do that. She was called to testify for MCFD in court that on the basis of her examination of the child and the reports of other colleagues in other specialties, this was a non accidental injury and that the child had been shaken. However, after some deliberation the Judge told her that she could testify to the medical examination results because she was qualified to do that and that would be entered as evidence. But she could not testify as to cause, or whether this was accidental or non accidental because she lacked qualifications to interpret those outcomes and her opinions would not qualify as evidence.
Yet, in October 2007 the MCFD accepted this medical assessment and never reconsidered it. MCFD bought the entire package, non accidental injury, shaken baby, parents guilt. Never seriously considered conflicting opinions from other medical professionals that were provided to them. The Colbourne diagnosis drove the MCFD agenda, its communications and interactions with the Bayne parents. It has dictated MCFD attitudes and treatment of the Baynes ever since. The Baynes have been regarded as adversaries. When visiting the children, parents have been persistently disciplined, “don't talk about the past. Don't talk about the future. Don't take photographs” (oh yes recently the judge compelled MCFD to permit this.) “Don't help your child to go to the bathroom. Don't do hand signals to your child.”
Judge Crabtree has been processing all of this and I am convinced this new Chief Justice is going to royally scold the MCFD.
Once again Ron,I appreciate your well versed candor. The details are succinct, you enable us to glean from your investment, the time you have spent supporting Paul, Zabeth, and their beautiful children. Once again I am spurred to prater, Thank you Lord Jesus for your discernment to be known in this case , for complete restoration in every aspect for this innocent family. We give praise to the Lord on high as we anticipate the future, the Bayne Family Reunited !
ReplyDeleteRon; you have summarised things so well. I know that a lotof people read your website, I do not know if any members of the legislative assembly do, or if any of the senior ranks of the children's ministry do. Hoping that they do,I have one or two important points for them. This also applies to the AG and his ministry. When the legislative assembly passed the Child Family and Community Services act, they wanted certain things to happen. They put in guidelines, which stressed how important it is that decisions affecting the lives of young children be made in a timely manner. They stressed the importance of continuity of care and of maintaining kinship contact. They stressed the importance of considering placement with relatives as a priority. They wanted protection to be an open and honest and speedy process. Social workers must clearly state their case and give copies to the parents. Hearings must commence within 45 days---that is only just over six weeks--and of course, this means that disclosure must be before that time. The MLAs also decreed that no young child could be in temporary care for more than one year and only by making and reviewing orders at three month intervals. The Bayne case defies the will of the legislative assembly. The children have been in care for over two and one half years. This has taken place without any hearing where the evidence has stood the test of due process. This is only on an interim custody order, based on a court report filed. The interim order was only meant to hold things for 45 days until a hearing could start. This case has rendered the CF&CSA to be virtually meaningless. The ministry's director can shamelessly manipulate the situation to ensure that the case cannot be heard for years. Not only that, there could be numerous similar cases. Unfortunately nobody seems to want to find out. Every member of the assembly should be concerned that the legislation they pass can be ignored and their intentions thwarted. How are the ministry staff able to do this? Simple. They can stack a case with numerous witnesses, so that days and days of court time are found. No matter that the witnesses are called on to give irrelevant evidence, as in the Bayne case. The ministry has deep pockets--taxpayer pockets--and can run the parents out of money for lawyers. What chance do parents have and more to the point how is this in the best interests of the children,which the act says is the paramount guideline.? Why should the attorney general and his staff be concerned. In May 2009, the Baynes applied to the court to try to get more access. Judge Crabtree was tied up and the other judge refused to hear them on the grounds that to hear evidence on access would turn the hearing into a trial. They were told to be happy with their court dates. This was in May.The next available court time was not until March 2010. One year later, the parents were still vainly seeking for available court dates. It will take nearly three years to find enough court time. The attorney general should be concerned that the whole system is so broken that a hearing legislated to begin in six weeks takes three years to conclude. Child welfare? You must be joking. This also makes a joke out of the CF&CSa, unless you are on the wrong end of the stick. Now then members of the assembly, are you capable of showing a little passion about such things? Next time I write, I will explain how the act itself is to a great deal responsible for creating the court logjam.
ReplyDeleteMr Ferris!! we so appreciate your frankness and naked truth assessment of the whole MCFD!! While we know that all are not so inclined, so many of these MCFD people speak in the most condescending tones. They speak from the attitude of authority and demand compliance to all they ask, seeming to assume that everyone knows they have the badge and the gun. They utterly disregard families, concerned citizens, taxpayers, the elected representatives of the legislature and even their own governing laws. Their arrogance and self interests are repugnant to real people.
ReplyDeleteI am so thankful that their are people of your caliber and experience who have the courage to speak up. BRAVO, Mr Ferris
Bernice has left a new comment on your post "AN APOLOGY WOULD BE GOOD / Part 205 / For Love and...":
ReplyDeleteMr Ferris!! we so appreciate your frankness and naked truth assessment of the whole MCFD!! While we know that all are not so inclined, so many of these MCFD people speak in the most condescending tones. They speak from the attitude of authority and demand compliance to all they ask, seeming to assume that everyone knows they have the badge and the gun. They utterly disregard families, concerned citizens, taxpayers, the elected representatives of the legislature and even their own governing laws. Their arrogance and self interests are repugnant to real people.
I am so thankful that their are people of your caliber and experience who have the courage to speak up. BRAVO, Mr Ferris
I will be very surprised if MCFD will apologize even when they are proved wrong or found lying in court. I am also doubtful whether the good judge will royally scold MCFD as you would hope. You will see how powerful and corrupt this regime is.
ReplyDeleteRay Ferris, I for one greatly appreciate you sharing your knowledge in this area. Thank you.
ReplyDeleteAnd in response to Ron's comment above - "Why do things which collectively give the appearance that you dislike these parents so much that you won't provide common courtesies unless a Judge enforces them?" -
Parents all over the world are saying the same thing. What people have to realize is that what is happening to the Baynes - as horrific as it is - is commonplace. That's what makes it so hard to believe. That an agency or a ministry that is supposed to help the most vulnerable members in society, is doing just the opposite.
Apology = lawsuit.
ReplyDeleteAny apology from MCFD would be an admission of guilt that they did not use their vast powers appropriately, and as a result, children sufferred as a result of being removed from their secure home and family for most of their lives.