PART 1 of 2
The Ministry is seeking a Continuing Care Order (CCO) from the Judge. Conclusion of the court hearing is scheduled for August 9-13, 2010.
The Child, Youth and Community Services Act contains CCO specifics about which we should be informed as we follow the Baynes' determined toil to survive as a family. What am I saying? This is horrible that two parents in our community, in this province should be spending every waking minute of every day, not taking care of their children but rather, trying to get their children back. And even that is saying too much. They can't do much. They have to wait and wait for a few days in August when lawyers will lock horns once again. They have to wait until one man, His Honour Thomas Crabtree, yet nonetheless a man, will render a ruling that will either make them a family or break them.
For children in at-risk situations within their own family homes or with care providers, the Act becomes an instrument of deliverance. The Baynes, however represent a host of families whose futures have been interrupted by insult and abuse from outside the home. Justifiable initial investigation is one thing but this prolonged and malicious invasion while not criminal, should be regarded as contrary to law. I cannot fault readers and commentors for concluding that the Act while dressed with approved legalese is callous enough but then interpreted and practiced by the Fraser Region of MCFD as in the case of the Baynes, has become the most unfeeling device of cruelty that exists in B.C. against which there is no law or penalty. Think that's overstated? Ask your children as they get ripped from your arms on the strength of an anonymous phone call?
The court is authorized to grant continuing custody of the Bayne children to the director if it is unlikely that improvement has been made or will be made to the circumstances that led to the removal of the children, or that the parents are unable to meet the needs of these children (CFCS Act 49.5.a+b). There has never been a question that Paul and Zabeth have the capacity to provide for the needs of these three children. Husband and wife while giving up day jobs in order to be available to visit the children in day hours have nonetheless found employment at night as custodians and they maintain as always a clean and well equipped personal domicile. They are intelligent. The are well read. They have principles and values commensurate with most of us in our society. They are compassionate and helpful to others. They have friends. They have people who admire them. They are respectable and respected. The show respect to others. They say thank you. A couple of their children needed frequent medical checkups due to prematurity at birth yet these parents always cared for their children and were in no way negligent. Those were the circumstances before the removal of the children, before the 2007 accident to one child. Paul and Zabeth have never ceased demonstrating tender and loving care and concern for the children they can only see for a few hours each week. This is an industrious and diligent and focused couple. Today the status of the case is unchanged. No new evidence exists upon which MCFD can prop up its case. One doctor's diagnosis is caught in an arena of medical professional dispute. The Baynes' circumstances at the time of removal were dictated by misplaced suspicion of wrongdoing. It is high time that skeptics accept that this happens. I am confident that Justice Crabtree has discovered this.
This blog is in support of returning the children to Paul and Zabeth.