Friday, September 17, 2010

CHANGEMAKERS PLEASE STEP FORWARD / Part 312 / For Love and For Justice / Zabeth and Paul Bayne/

Countdown: It's the 17th. Four days from now, is the final Court Date for the Baynes. 
Yesterday I alluded to the purpose of this particular blog.
I return to this point because there seems some confusion.
The GPS blog began as a personal commentary on life and times and issues filtered through my wide angle lens (wide angle defined by age and experience).
When in September 2009, after years of not being in communication with one another, I learned about my friends Paul and Zabeth Bayne and the distressing life to which they have been subjected, the blog became a daily recital of their pain. I couldn't help myself. Their story needed to be told, frequently.

Familiarizing myself with their case raised concerns about which I had to write - concerns about the operations of child protection in my area. People did read the blog, not many, but a few and they seldom commented.
As everyone knows, exposure to one complaint against child protection services leads rapidly to other cases. The concern intensifies. It was staggering to realize that protests against child removals and unjustified sustained time in care was not exclusive to the Fraser region but existed in all provincial MCFD regions, in all provinces of Canada, and furthermore, in the U.S.A and the U.K, and other countries.

The subject matter for me has remained focused upon this one family's ordeal but it has included numerous side trips to broader issues that pertain to any government's involvement in the care and protection of children.
As I continued to write, readership increased and comments accumulated. I realized there was an audience consisting often of people who have been deeply injured by a government agency and who need an avenue to express their anguish. The comment section of this blog has often been an expression laced with bitterness but it is understandable given the helplessness that contributors feel.
There are many more online blogs and websites where these topics are discussed angrily, even offensively. While I understand the emotion and disgust associated with the issues, I purposed to use this blog to discourse openly, honestly and respectfully the relevant subjects and insisted that comments be added with a comparable courtesy. 

Inherent to my approach is the awareness that society has troubled people, dysfunctional families, adults with addictions, people with histories of abuse, people who did not plan to have children, didn't want children, shouldn't have children. There are children who are angry, maligned, bitter, injured and unhappy. Someone must help all of these people. I accept that one of the first orders of action for our society must be protecting the most vulnerable, and therefore safeguarding children. Who else but our government is in a position to do this?  I don't like that particularly, but the church isn't doing it, and I don't have greater confidence in private institutions. It is not a quantum leap for me to accept that removing a child is sometimes imperative. It is not difficult for me to accept that there are principled and good foster parents who genuinely care for children and youth. I have no difficulty appreciating that many social workers are motivated by a sincere desire to help people. Therefore I welcome the comments of people who can speak from experience as children, parents and workers within the child protection network, can speak to the glaring problems, can speak to the past as well as the future and can make recommendations for change. 

The result has been a readership that is international. Big deal. It doesn't change anything. The change-makers are the people who have gone beyond talking about the problems within the child protection and care programs to organizing concerned people in such a way that help is provided to those victimized by these systems and in such a way that politicians must pay attention.

6 comments:

  1. Ron what you have done for Paul and Zabeth and their family has been INCREDIBLE! You have cared enough to believe in them. And you have challenged the MCFD like no other! Way to go,...this story of what has been done to their family is known by so many, people that may never comment, but will still read and question what is going on. Time for the MCFD to know that they have to answer to somebody! MaryEllen

    ReplyDelete
  2. Ron; I forgot to mention one or two others who could show some concern. I have tried the BCASW, but they are not interested because they have no members who do child protection. The registrar of the social work college. No dice. They do not tell people how to practice. They only act when there is a complaint. As hardly any MCF workers are registered, they do not seem to care. How about the social work professors? Gove said that they do not see themselves as training people to do protection work. He certainly had that right. Apart from a scholarly paper or two on assessing risk, I have never heard anyone from the social work school utter a peep about abuses in the child protection system. All they usually say is that we need more social workers and everything is due to overloaded staff.Pray do tell. How is it of benefit to have more abusers like we have seen in the Bayne case, Where is the concern among people in the legal profession, who must deal with injustice every day? Is the current CF&CSA too lucrative? Don't the judges feel any responsibility? People listen to judges. Anyone care to add to the list?

    ReplyDelete
  3. Ron,
    Because some do not reply does not mean that they do not read and are not acting upon the writings of this blog.

    Sometimes, it is prudent not to speak. Sometimes, it is more prudent to act, quietly.

    You and this blog and the many who attend court with the Baynes are bearing witness. I have seen this before and it can be very effective.

    Stay strong.

    Reader from NYC

    ReplyDelete
  4. Ongoing cynicism with respect in the context of offering solutions implies resignation of hope for a solution.

    I think the only way to encourage social workers to register with the college is to get a court order and allow a parent the right to choose one that is registered. Parents get to choose a lawyer from legal aid, for example, so should they also be able to pick a social worker for themselves. I chose my own psychologist who was Ministry recognized, so they could not impose one of their cheerleader psychologists on me. The MCFD social worker has to act on behalf of the child as they are the designated "parent," and they have NO duty of care towards parents. Court judgments have many examples of this.

    The MCFD Colleg-registered social workers are indeed few and far between, so the first thing parents should do is get a listing of all social workers in their local office (usually a fax cover page has all the names) and check the college web page to see if that person is listed.

    Parents can ask social workers why they are not registered, and keep repeating that they want a registered social worker. Parents might have more say if children are in their care.

    There are "safe" positions, such as mediators that are less likely to resist registration. One such mediator that was trying to convince me to submit to mediation was registered, for example

    Parents can get their own registered psychologist by asking a doctor for referral, then you get a qualified and registered social worker from the Ministry of Health that does not have an agenda, except to help for real. Keep in mind the fake MCFD social workers can list your healthcare service usage, so they will know anything that hits the Health Ministry database (likely how Finn Jensen found out about Zabeth's pregnancy.)

    One case I'm familiar where a social worker was registered with the college and subsequently complained about was delisted as a result of their sins. This is not exactly a winning endorsement to encourage other social workers to register.

    Also, the college of social workers has the same problems as parents trying to get disclosures from the Ministry (without the usual redacting) with cases "before the courts." The social worker had to get a lawyer. The same thing happens with psychologists, if someone complains, they have to hire a lawyer to defend themselves, because it is a big deal if a complaint goes forward.

    A psychologist I complained about had some prior or current association with the college of psychologists, so my complaint was quashed as a result, even though I had another registered college psychologist dispute the findings. (Then the complained-about psychologist made an ethics complaint on their colleague.)

    Parents not getting any results up to the CSM (Community Service Manager) after having no success with the social worker or team leader can go to their bosses, to at least give them more paperwork to deal with.

    ReplyDelete
  5. Hello Ray,

    I am not sure if people listen to judges as much as that "people" -the populace listen to case law, the judges' decisions.

    In the States, (and perhaps it is the same in Canada), law is changed on two fronts, case law (appellate decisions) and by statute (elected officials' bills).

    Many might be surprised that, at least in the States (and perhaps also in Canada), that the law has changed regarding Child Protection Services whether by case law or statute BUT, social services do not adhere to such same laws.

    In NYC, it has taken the Administration for Children's Services (ACS, our CPS)-over five years to adhere to the Nicholson Decision and they aren't even doing that, not until a case is brought to an Appellate Court. Not until an attorney actively fights for it.

    In my research with the NYC CPS, I have found that social workers know nothing of the law. I hope I am not repeating myself but I did have one instance while my firm was representing an elderly client (APS- Adult Protection Services) wherein a social worker who had no warrant, no court order, told me that she didn't need one to enter our client's home. I was at said home with the client at the time.

    I gently explained to the worker that our client was protected under the 4th Amendment of the US Constitution. The worker replied that she, the worker, was not bound by the US Constitution as she was a state employee with an ID!!! (which she waived in my face).

    What more could I say except that-"This is the US, we are all bound by the US Constitution".

    She them stated that she would call the police. I said, "Fine", "but they will also need a warrant".

    Our client prevailed.

    The Law doesn't necessarily need to be changed as much as it needs to be taught and adhered to.

    As to social workers who themselves want to effect change--I don't know -that's a hard one for me. Truthfully, you are probably the first child protection social worker I have ever met who cares enough to effect change.

    Godspeed to the Baynes.

    Reader from NYC

    ReplyDelete
  6. http://www.bccollegeofsocialworkers.ca/registration/registration-process.htm

    $120 registration fee & only allows entry to those with Bachelor of Social Work or higher (not Child and Youth Care etc etc) even when many CPS have a bachelor of Child and Youth Care.

    Haven't located a College of Child and Youth Care.
    http://www.google.ca/search?sourceid=chrome&ie=UTF-8&q=college+of+child+and+youth+care+british+columbia

    ReplyDelete

I encourage your comments using this filter.
1. Write politely with a sincere statement, valid question, justifiable comment.
2. Engage with the blog post or a previous comment whether you agree or disagree.
3. Avoid hate, profanity, name calling, character attack, slander and threats, particularly when using specific names.
4. Do not advertise