10% WAS ENOUGH & 90% MUST CONVINCE MS. MCNEIL / 538

( This is a mid-day edit because of clarified information)

We have known that June 2 is the concluding day of the court appointed three month temporary care order for the three oldest Bayne children. We naively thought that a court appearance immediately following June 2 might entertain the possibility of a return of these children. MCFD has numerous options to retain the children if it so chooses. Why do I speak so sardonically? Because so many parents have already related their stories. All of them helpless before the system. And then there is the Bayne Case itself.

Yesterday at a court appearance, the Ministry applied for an extension and received it. It also merged the newborn Josiah Bayne case with the case for the other three children so that all four sibling names appear on the same documentation now. Lawyer Robert Hamilton is now working for the Baynes and he managed to arrange a Case Conference in July that will be presided over by a judge who listens to both sides and acts as a mediator but does so with authority. Now we look forward to that. Meanwhile the Baynes continue to work at the programs in which they are engaged as a means by which to demonstrate their sincerity and capacity to parent safely and effectively.

Do you recall that Judge Crabtree arbitrarily fixed a 10% risk probability to the Baynes even though there was no evidence per se to support a suspicion of culpability in the Baynes’ youngest child’s injuries? That 10% risk guesstimate overruled 90% risk-free status and resulted in this three-month temporary care order. We had wanted the children to be returned and yet we all felt relieved for the Baynes because the Ministry had been calling for a Continued Care Order (permanent care) of all three children. But the judge threw out the Ministry claim that the parents had shaken their child. He said evidence didn’t support that allegation. In truth no evidence supported any suspicion of liability (risk) although one can reasonably argue responsibility by the parents since the child was in their care. Even they wouldn't contest the latter. Accidents happen. And while the judge called the injuries unexplained, even that is not even 100% accurate because Paul and Zabeth did offer an explanation which they related from the get go but neither medical nor social welfare nor judicial minds were prepared to accept that the injuries could be the result of an accidental fall of one toddler sibling on top of the infant girl. So skepticism overrode a sincerely recounted explanation. That baby’s condition was troubling enough that the parents took her to several hospitals over a period of several frantic hours and days because no medical professional was able to diagnose and treat. Of course not, she had hemorrhaging on her brain. In desperation the parents took the child to Children’s Hospital in Vancouver where the Shaken Baby Syndrome diagnosis was affixed to the case. Thereafter, almost four years of family disruption, financial collapse, heartbreak, and determined parental case complaint has followed.

Judge Crabtree told the Baynes that the three months should be viewed by them as opportunity and to that end they have engaged in everything that could possibly speak to their fitness as parents. Would three months be enough? Not for the MCFD. The Parental Capacity Test being conducted with them by Dr. Conrad Bowden will not be completed by June 2 and his report will be submitted in mid July. Could he have completed this by June 2. Absolutely! And the parenting program that satisfies the Ministry and in which the Baynes are enrolled, lasts for many months. Therefore, according to MCFD principal MCFD will ask court for a further extension. That's right! Yes it will. It is. You see. Is cynicism warranted? These children should be back with their parents. Based on what is known already about these parents, the children should be returned. Observing the children with Paul and Zabeth inform one immediately that this family horror has gone on three years too long. The children were taken in October 2007 and this is now the end of May 2011. This case is Exhibit A of the Ministry’s non compliance with policy that prescribes this welfare system.

Hon Mary McNeil this is absolutely terrible. You cannot possibly remain disassociated from the painful lives your ministry is creating and promoting year after year. Yes it began before you assumed the reins of this heinous operation, but you can rein it in and stop it.