CHARLIE KNOWS WHAT AYN EXPERIENCES

Ayn at age 3

If Ayn could assemble the words to help many of us understand the world as she perceives it, an almost parallel world in which she lives, she might say something like that which another writer named Brian Webb has composed. Brian Webb's grandson has Asperger syndrome. Brian attended an EarlyBird Plus course with his daughter. "I found the course excellent", he says. "I learned so much from it". The course inspired Brian to write a poem from his grandson's point of view, which he gave to his daughter, who read it aloud at the EarlyBird course. Two of the teachers on the course have since taken it to their schools to help other children understand Asperger syndrome. Brian knows what Ayn experiences, and now you can too.

My name is Charlie

My name is Charlie; I'm different to you
I don't see the world the same as you do.
You see a classroom and I see a chair
I don't always notice what else is in there.

Too much information keeps coming my way
It's so hard to cope with, day after day.
You show me so much that I don't always see
One step at a time is the best thing for me.

Bright lights and loud noises upset me so much
An unusual smell, or somebody's touch.
When you look in my eyes and I'm looking away
I'm not being rude if I don't hear what you say.

I'm not being awkward; I'm just doing my best
I'm striving so hard to be just like the rest.
The times when you think I've not really tried
If only you knew how that hurts me inside.

I want you to like me the way I like you
If only you saw things from my point of view.
Your life and my life both run parallel
Yours seems like heaven, mine's sometimes hell.

Whenever you're frustrated at the things that I do
Remember
You could have been me and I could have been you.
© B.J. Webb. 2007

SITES WHERE THIS POEM IS POSTED

http://spectrum.t83.net/#/poem/4552622006
http://autismdiy.wordpress.com/mothers-forum/
http://www.autism.org.uk/our-services/residential-community-and-social-support/parent-and-family-training-and-support/early-intervention-training/find-out-more/parents-views.aspx

THROUGH MY EYES

Scott James X Factor contestant

THROUGH MY EYES
score: Fiona Johnson lyrics: Valerie Foley
singer: Scott James

To See the World through my eyes
It changes shape and it changes size.
It’s not quite the world you see.
If you could find a way
To look around inside my mind
Maybe you would understand me.

I’m not blind but I can almost see.
I’m not deaf but things sound strange to me.
I’m not trapped but it’s hard to feel free.
Imagine what it’s like to be me.
Imagine what it’s like to be me.

It’s hard for my to try
to think things through, or talk like you.
Everything can be a blur sometimes,
But if you walk along beside me,
Hold my hand and guide me
Together any mountain we can climb.

Cause I’m not blind but I can almost see.
I’m not deaf but things sound strange to me.
I’m not trapped but it’s hard to feel free.
Imagine what it’s like to be me.
Imagine what it’s like to be me.

Dreamin bout my future
And it’s brighter than you know
I’ll get there on a different road
When I am ready to go

I don’t need pity. I don’t need tears.
I just need someone to help me understand my fears.
Tell me you believe in me.
Let me know that I’m okay
Help me feel safe and warm
And I will find my way.

Cause I’m not blind but I can almost see.
I’m not deaf but things sound strange to me.
I’m not trapped but it’s hard to feel free.
Imagine what it’s like to be me.
Imagine what it’s like to be me.

Scott James is Autistic (Aspergers)and after reaching the final 50 of X-Factor UK, he recorded this Autism single. It was released on April 2nd 2011, coincident with Autism Awareness Day. All funds from its sale are donated to Autism Awareness UK. Have you ever wondered what it is like to have Autism? If you wish to have a brief musical treat as well as peak into an autistic spirit, please listen. I posted this story on January 23rd as well with a fuller explanation of Aspergers.

RAY FERRIS GIVES CREDIT TO DEREK HOARE

Ray Ferris commented further to Derek Hoare's account of the Case Conference held last Monday the 23rd of January 2012. It is an encouraging assessment of what seemed like such a disappointing outcome. Whereas thousands of supporters were hopeful that MCFD would propose at the very least a plan for a graduated return of Ayn Van Dyk to her father, instead a court date for trial was set for December 2012 and lasting until February 2013. Further, whereas some readers may have faulted Derek for minimizing the mediation and wanting the trial, Ferris looks at this differently and actually applauds Derek. Read his reasoning here. The point is the Ministry of Children has no substantive reason for doing what they are doing to this family, have no evidence of weight it can bring to trial, and would love nothing more than to wallow around in mediation talks that appear conciliatory but simply drag on indefinitely with no serious intention to deal fairly. It requires a judge's directive to the Ministry to make a restoration of parental custodial rights happen, and that's what occurred in the Paul and Zabeth Bayne case.

Here are Ray Ferris' comments.

THIS IS THE 227th DAY SINCE AYN WAS TAKEN

That's long enough for any kind of assessment don't you think?
So, she wandered from home one day in June 2011. Has keeping her this long solved that problem?
Well, NO. She wandered off twice since she has been with the Ministry care. And furthermore, the last trip was naked down the street.
Finally it's enough. Yea, yea, yea, the social workers are merely trying to be responsible. Now it's time to actually do the right thing. She should be returned to her father. But you see, you can't do that easily because you placed this child into this bureaucratic isolation booth with selfish vested interests from which there is no immediate escape. And if you are going to say that a director made you do that, isn't also time for one or more of you to blow the whistle on something that is inherently wrong.

DEREK HOARE TALKING ABOUT HIS CASE CONFERENCE – Part 2 of 2

In responding to Derek Hoare's synopsis of his Monday Case Conference, entitled ‘Derek’s Report about Case Conference,’ which is worth reading and was sent to his Facebook friends, I wrote a number of questions. Among them were the following. Derek's response follows each lead question.

I wrote, "The trial dates are indeed distant. Annoyance at MCFD over this is misdirected. Neither the Ministry nor its lawyers control the calendar. The court clerk’s calendar is full of prior scheduled cases. Our B.C. Court system is jam-packed with family related cases. The scheduling of a Hoare/Van Dyk case is dependent upon the availability of a judge, of the Ministry lawyer, of Derek’s lawyer, and of court room facilities. All of these individual schedules must find a harmonized meeting place."

Derek said, “Yes that is correct Ron it was not the ministry who sets the trial date, it is based on the availability of all parties (courts, MCFD, Lawyers, Amie and myself). In this case I believe those are the next available court dates.”

DEREK HOARE TALKING ABOUT HIS CASE CONFERENCE – Part 1 of 2

Late Monday night following the difficult experience of the Case Conference, a meeting with representatives from the Ministry of Children, Derek took time to communicate to the over 4,000 online supporters who frequent the Facebook page known as Help Bring little Autistic girl back to her daddy. All day long people had sent best wishes and hopes for a good outcome.

Derek wrote, “Well I'm gonna put on a pot of coffee and get to reading here. But first I'll write up a brief synopsis. It was very emotional to say the least - did have to take a recess but at least now we know how long this can possibly go on for.”

Soon Derek sent us his report which I posted the next morning, Tuesday January 24th, entitled ‘Derek’s Report about Case Conference,’ which you can read here. If you have not read that report, it provides the backdrop to today's and tomorrow's pieces. Many page members responded to him on Facebook.

His report prompted numerous questions from me which I consolidated into one comment. The following day Derek graciously took time to answer these questions, one at a time which became very informative for us all but also offered opportunity for us to continue those conversational strings. I have provided the series of my lead questions and Derek’s responses.

CASE CONFERENCING (What a Parent Needs to Know)

CASE CONFERENCING (What a Parent Needs to Know)  PART TWO
By Ray Ferris

Ray Ferris is a retired employee and administrator with the Ministry and is now a diligent critic of substandard case work and oversight and a proponent of change to Child Welfare and in particular Child Protection. He has written this two-part comment that speaks to Case Conferences and the article written on the same subject by PAPA INBC. On January 20, 2011 the contributor known as PAPA INBC or People Assisting Parents Association, wrote advice for parents who find themselves in Case Conference with Ministry of Children representatives. His piece was called A CASE CONFERENCE (What a Parent Needs to Know). Papa has also written two lengthy additional pieces of advice as comments on yesterday's GPS blog post by Ray Ferris.

Here is the final installment of this two-part post.

"Now I will try to give you one or two useful hints. You do not need to understand the whole act, but you should know certain sections that can be helpful to you and above all make sure that your lawyer reads those sections. You should read and memorize as much as possible of the following sections. Section 2, subsections 2,3 and 4. Guiding principles, service delivery principles and the best interests of the child. You can see right away that the ministry and the court are paying no attention to these sections and your lawyer should constantly be reminding the court of these sections.

CASE CONFERENCING (What a Parent Needs to Know) PART ONE

On January 20, 2011 the contributor known as PAPA INBC or People Assisting Parents Association, wrote some advice for parents who occasionally find themselves called to a meeting with Ministry of Children representatives - a meeting known as a Case Conference. His piece was called A CASE CONFERENCE (What a Parent Needs to Know). Papa prepared parents for an adversarial attitude by Ministry reps. Ray Ferris, a retired employee and administrator with the Ministry has in latter years become a critic of substandard case work and oversight and a proponent of change to Child Welfare and in particular Child Protection. He has written a two-part comment that speaks to Case Conferences and the article written on the same subject by PAPA INBC.

CASE CONFERENCING (What a Parent Needs to Know)
By Ray Ferris

When one reads the preparation advice for case conferencing that is recommended by PAPA INBC, it is hard to imagine that this is preparation for some negotiating meeting with a benevolent and helpful agency, which is supposed to find every means of keeping children at home wherever possible. It is hard to imagine it will be a dialogue with an agency that is charged with looking after the best interests of children and with giving parents every help possible. No indeed, it is more like a preparation for a war, or some other violent contest.

DEREK'S REPORT ABOUT CASE CONFERENCE

This morning Derek Hoare wrote his initial account of the Case Conference held yesterday to determine the future of his daughter Ayn, a ten year old girl who has a condition known as Autism. She has been in the custody of the Ministry of Children and Family Development since June 16, 2011. Derek and Ayn's mother Amie long to have her returned to them. She was removed following an incident in which she wandered from home for three hours until she was located by police.

"We arrived early for the case conference which was set to begin at 10:45. It started a bit late, likely closer to 11.

THIS IS A VERY SAD DAY

Today Ayn’s parents, Derek and Amie attended the long anticipated Case Conference.
They and all of their family’s supporters, now numbering in the thousands, were hoping that MCFD would come to this Conference with the intention of at the very least, a graduated return of Ayn to her family and home.

That is not what happened.
When the day began, Derek spread this early morning word. “Well I have been waiting what seems like an eternity for this day. The case conference is set to begin at 10:45, I don't feel nervous or worried, rather eerily calm and an odd optimism. I think this will likely be as anticlimactic as the rest of the judicial process has thus far been. I am hopeful that a trial date will finally be set and that we will learn how much sand is really in this hourglass. As I understand it is not a long meeting, generally around an hour, though in my case it may run a little long.”

IMAGINE WHAT IT'S LIKE TO BE ME

American Idol is back. I am amazed at how many tens of thousands of people believe they have singing voices that others want to hear. I will watch 'Idol' again, but I must say that Christine and I enjoyed another import from Simon Cowell's creative British successes. X Factor went on for months and finished just a few weeks ago. Permit me to introduce you to one contestant whose voice is worth hearing, made even more compelling because of his personal message.

Scott James is Autistic and after reaching the final 50 of X-Factor he has recorded this Autism single. It was released on April 2nd 2011, coincident with Autism Awareness Day. All funds from its sale are donated to Autism Awareness UK. Have you ever  wondered what it is like to have Autism? If you wish to have a brief musical treat as well as peak into an autistic spirit, please listen.

Then, for a moment consider Ayn Van Dyk who is ten years of age, not nearly as proficient at language or music as Scott and yet she too wishes that people, particularly the social workers directly involved with her case, would be able to understand what she experiences each day because that would most certainly inform them that she needs to be with her family in order to survive. 

PARENTAL LIBERTY (Part Two)

Preserving Family Autonomy

Is it important to you to protect family autonomy?

We live within a society that if not politically polarized is ideologically uninformed and confused. Some opinions express satisfaction at increased government control. Others, equally adamant, are horrified at the infringement upon family autonomy. Only two political parties are represented in the current Legislative Assembly of B.C., the British Columbia Liberal Party and the British Columbia New Democratic Party. There are several other parties that will nominate candidates, one of which, the British Columbia Conservative Party may be able to win seats in the next election. If your affiliation is with one these directions, do you understand to what degree your party of choice values family, family autonomy and parental rights with regard to children’s education and other aspects of child rearing? Do you know how important is parental choice with regard to tax-funded educational curriculum in your party of choice?

The party in power will make a difference. It is certain that family autonomy cannot be taken for granted.

PARENTAL LIBERTY (Part One)

Dispute About Government and Parental Roles

simply an image of a dispaasionate agency leading a child away from family

History tells the story. Historically there has been a vigorous dispute about the relationship between government and the family and certainly with the function and responsibilities assigned to each. Contingent upon the political philosophy, either the family has been seen as servant to the state or the state has been expected to provide for families the required security to accomplish their work as primary caregivers to these citizens of the future.

Tension always exists between the state and its parts. Government institutions should be obliged to be careful to facilitate the function of the family without usurping its proper role. Of course federal and provincial governments have a role to play to ensure children are not threatened by poverty, neglect or abuse but the state must be careful not to trample on the independence of the family. Theoretically the government exists to aid and assist the smaller units rather than to take over their places in a society.

A CASE CONFERENCE (What a Parent Needs to Know)

A CASE CONFERENCE (What a Parent Needs to Know)

Written by PAPA INBC (People Assisting Parents Association) http://www.pa-pa.ca/ 

Items To Bring

• Case Conference brief for judge to read, include 1-page timeline, nor more that 2 pages of facts, emphasize poor timeline and CFCSA guidelines) one page of your statement of defence, finally what you are asking for (include the obvious, return of Ayn, but failing that, ask for # of court days, the court date to be established TODAY, witness list count, etc.)
• The Case Conference brief is an important document, it sets the stage for the conference and provides MCFD a record of your position. Make sure it is retained on your MCFD file so a Freedom of Information Request supplies it.
• Copy of the Order of Interim custody (get from court clerk if needed)
• Copy of CFCSA (Lawyers should bring current edition of CLE's Family Law including CFCSA)
• All clerk notes from first appearance, two presentation hearing dates and any other - you can get these from the counter if you don't already have a copy. Free.
• Timeline document for your reference, medical, legal, MCFD meeting record
• List of questions to be asked
• List of statements to make that you don't expect answers to
• Bring portfolio case that contains key documents with lined paper, sticky pads, 2 pens / pencils, audio recorder / iPod
• Be prepared to write private messages of instructions to your lawyer during proceedings in case you cannot speak and have to instruct him.
• Copy of affidavit and response, Form 1, Form A, any MCFD disclosures

JANUARY 23 IS AN IMPORTANT DAY FOR AYN & DEREK

Ayn has such a great smile!

Ayn Van Dyk has a wonderful smile. She smiles for her daddy. She should be at home with him but she is not.

You may be shocked to learn that she has not been in that family home since June 16, 2011.

She is a girl with a condition known as Autism.

REMEMBERING AYN'S BIRTHDAY

On the 14th of December Derek Hoare headed for the location where his daughter was being held. It was her birthday and he had not seen her since June 16, 2011 when she was removed from him by the Ministry of Children and Family Development. He was here to deliver a large bouquet of balloons with her name on them. He didn't see her that day although he desperately wanted to see her, but he had made the decision that he could not break her heart by turning around and leaving her there. She doesn't understand you see. He has always been her saviour, her champion, her ever present help. Now she has been taken from him and if he didn't rescue her now, how would she perceive that? Would she be overwhelmed? Quite possibly. She is autistic. MCFD knew that. Quite possibly MCFD social workers don't understand autism. Furthermore, just as they did not understand the Baynes' determination and strength of character they will have misjudged Derek Hoare.   

Derek texted, "Off I go"

"Waiting for the supervisor to come down and meet me"

Well a month has passed since then. That's right. Christmas was celebrated without her in Derek's home with his other two children. That was very hard for Derek. The Ministry chose not to give her back. You see, she is after all, merely a case file. Social workers cannot allow themselves to become so emotionally involved. Is that the theory? There is process and protocol and the girl and the family must wait for that. Of course, all of this could be dispensed with in an instant if a social worker wanted to do what was actually right in this case. This girl should not still be in the care of the ministry.

On this occasion Derek took joy in leaving these balloons for Ayn so she would know that he loves her.

"no subtle way to drop off 3 dozen balloons... especially when the pot lights keep popping them!" Derek wrote

 Near the end of January Derek will have a Case Conference with social workers that will hopefully provide a plan to return Ayn to him. He waits for that. We all wait with him.

DIAGNOSIS MURDER

DIAGNOSIS MURDER
The entire 45 minute CBC broadcast is available online at this CBC link. 

If you missed the Friday telecast be sure to see it now. The subject is controversial and the feedback to the program is similarly debatable. The CBC website provides numerous helpful sidelinks for selected related subjects.
USA Viewers - Unfortunately, a CBC note on the screen tells me, "Note: This video is only available to view online by Canadian audiences due to rights issues."

• 
  Watch Full Episode (45:14)
• 
  CBC News: Gillian Findlay discusses shaken baby syndrome (5:12)
  
  
  
• 
  Extended Interview: Keith Findley (18:44)
• 
  Interview: Waney Squier (7:40)
• 
  Interview: Dr. John Plunkett (7:43)
• 
  A History of Shaken Baby Syndrome
• 
  Related Link: "Shaken-Baby Syndrome Faces New Questions in Court"
  

  (The New York Times)
• For people living outside of Canada, Diagnosis Murder is posted online at http://vimeo.com/35041114
   
  
  You will be asked for a password -------- use this,  shakenbabydiagnosis 

CONGRATS FIFTH ESTATE - WELL DONE SBS DOCUMENTARY

I waited, I watched, I am Pleased

You should check this link to see when the show is repeated. It will also be archived at the CBC TV site. (Repeat airtimes)

DIAGNOSIS MURDER

This long awaited documentary was better than I had hoped! This has been the most significant public awareness vehicle to date, to alert Canada to the possibilities of unjust allegations and convictions with regard to Shaken Baby Syndrome.

The Fifth Estate investigative team, the production crew, and Gillian Findlay are a class act. They researched both sides of this controversial issue and they allowed both sides to speak. Yet it was clear enough on which side of the diagnostic/judicial conundrum Fifth Estate stood.

Shaken Baby Syndrome (SBS) is a medical diagnosis based on the presence of a diagnostic triad: (1) retinal bleeding, (2) bleeding in the protective layer of the brain, and (3) brain swelling. During the past twenty years this has been the preferred diagnosis. It was formulaic. These injuries in a child were considered conclusive evidence of a shaken baby. Every shaken baby has a shaker. A shaker has committed a criminal offence punishable upon conviction.  But WAIT!

In Toronto, one of Jeffrey Smith’s twin daughters, born very prematurely and struggling to live in their early months, died while in his sole care one day eighteen years ago. He went to prison after being tried for murder but sentenced for manslaughter. This was one of two heart-wrenching stories featured last night. Recently he was exonerated.That little girl died of natural causes. Jeff's life has changed forever. His other daughter is eighteen years of age now and he has never seen her. She was raised by her mom who although she was not present when the little girl died, was convinced by the police that the father was responsible. She did not appear on air.

Zabeth and Paul Bayne of Surrey, BC, had charges dropped in 2007 but their three children were removed from them because of suspicion that one of them had injured their youngest child. She did not die. She was gravely ill for a long while. She too had been born with some prematurity but in a household accident at seven weeks of age she had also been struck by a sibling as he fell on her while running. That explanation did not wash with authorities, both law enforcement and medical. A pediatrician diagnosed her as a ‘Shaken Baby.’ RCMP dropped initial charges due to insufficient evidence but the Ministry of Children understandably continued to consider the parents a risk. Not understandable was the Ministry’s unwillingness to ask for a second opinion - a disinclination to entertain the possibility there may be another explanation for her injuries. It took four (4) years and everything that this determined couple could give in order to win a verdict that they were not responsible for the child’s injuries and to have their children returned to them this past year, four years after the saga began.

Fifth Estate considerately, wisely held off the broadcast of this show until the Bayne family was no longer under the review period assigned for the first three months that the children were back with their parents. The Baynes were not vindictive in the interview. They plainly expressed how the ordeal had affected them personally and how helpless they had been within a child protection system that assumes guilt until proven innocent. Last night’s show may become a resource to prevent other innocent and grieving parents from being presumed guilty.

THE FIFTH ESTATE SHAKEN BABY FEATURE TONIGHT

When to Watch

Tonight, Friday at 9 p.m. JAN 13

9:30 p.m. in Newfoundland & Labrador (Repeat airtimes)

DIAGNOSIS MURDER

For decades, the diagnosis of shaken baby syndrome virtually guaranteed convictions, shattering the lives of thousands of parents, babysitters and families. Now new evidence questions whether the syndrome even exists, and whether some have been wrongfully convicted.

In a promotional video of an interview this subject is discussed for five minutes – good introduction. Paul and Zabeth Bayne are interviewed.

CBC News: 'Shaken Baby Syndrome?'

Reporter Gillian Findlay sits down with CBC News Network's Heather Hiscox. In the interview, they discuss research that suggests that the widely accepted shaken baby syndrome may actually be a physical impossibility. http://www.cbc.ca/fifth/2011-2012/diagnosismurder/news.html

If you are not in Canada and cannot tune in tonight, the video will be archived online for viewing around the world. And the link will be placed at this blog site.

Gillian Findlay hosts and reports for CBC Television's investigative program, the fifth estate, and she is the principal reporter tonight with video and interviews that have been researched and assembled for many months for tonight awaited feature. Here is her bio. Her colleagues are

Bob McKeown and Linden MacIntyre

 I AM CERTAIN THAT IT IS MERELY COINCIDENCE THAT THIS BROADCAST AIRS ON FRIDAY THE 13TH, ON ONE OF THE DARKEST STORIES OF OUR SOCIETY, WRONGLY ACCCUSED PARENTS AND CAREGIVERS. 

Diagnosis Murder

SCRIPT TAKEN DIRECTLY FROM THE CBC FIFTH ESTATE SITE.

"It's a scenario as horrifying as it is heartbreaking: a frustrated parent ... a baby that just won't stop crying ... and suddenly, what were tender, cradling arms become instruments of death. At least this is how Shaken Baby Syndrome has been characterized in countless court cases in recent years. But what are the scientific foundations of this diagnosis?

Gillian Findlay examines the conventional wisdom around Shaken Baby Syndrome, discovering that those who question it often feel targeted by those who believe passionately in it.  And yet new science suggests the so-called syndrome may be a physical impossibility.

"Diagnosis Murder" tells the story of several Canadian parents who say they were wrongfully accused--and the leading-edge medical researchers who believe they're telling the truth. The stakes are high: Some have gone to jail. All have had their other children taken away from them.

One couple recently had their children returned after a four-year battle. Even though the courts in B.C. cleared Zabeth and Paul Baynes of charges they had shaken their baby, the couple feel they will carry the stigma for life. Another man in Ontario has now had his case put up for judicial review, giving him hope that his name may too be cleared.

Is Shaken Baby Syndrome conclusive evidence of murder? Or is it a scientific hypothesis that has convicted an untold number of parents as killers -- when their children actually died from other causes?"

THE PRICE OF CHILDREN

Derek Hoare knows the value of his children. You should hear him speak about them. Two of his three children, because they are autistic, require a great deal more attention and understanding than do many children . In fact, they are severely autistic, but they are each differently affected or they demonstrate differently. His son Lyric, who is still in Derek’s custody, is non verbal, happy and easy to live with. Ayn is vocal and articulate, can understand you and can speak but cannot carry on a conversation per se. She is easily upset and highly emotional and has a history of wild and erratic conduct, tearing her clothes, breaking objects, attacking people. She requires calming which Derek has administered through conversation. Ayn's school regularly calls Derek for this purpose. Well, Ayn is no longer with him. That’s because the Ministry of Children in British Columbia made the presumptuous judgement that his parenting load was too burdensome for him, so when she walked from her home last July, the ministry took her away. Of course such action would also have been predicated on one or more people telling MCFD to take a look at this child. The story is disgusting. We are telling it frequently because while the child was taken to place her in another environment for observation and testing and chemical subduction, no effort was given to examining Derek and his home and the provisions for Ayn's care and the effectiveness of that care.

However, today I will share someone else’s effort to communicate the incredible cost of raising any child and what you get for the price. It's a 5 min visual. Press the 'Read More 'and you get the transcript.

AUTISM FUNDING FOR BRITISH COLUMBIA

AUTISM FUNDING (A Resource for Parents)
By Dr. Ron Unruh

This synopsis of government funding for families of an autistic child is specific to British Columbia with some occasional links to other Canadian provinces for follow-up by readers.

1. There is Autism Funding in British Columbia. The Ministry of Children and Family Development provides two funding programs, one for children under 6 years of age and another for children 6-18. These programs provide the means by which children may benefit from intervention to facilitate communication, social and emotional development as well as functional and academic skill development. The Funding is available in all regions of B.C. and is intended to assist parents to purchase the intervention services most suitable to their child, providing families maximum choice and flexibility.

Fresh as Spring

'DIAGNOSIS MURDER' ON FIFTH ESTATE FRI JAN 13

FIFTH ESTATE is an award winning CBC television program known for its quality investigative journalism. This coming week, on Friday January 13th at 9 PM Pacific Time, it will air a show to which many of us have looked forward. The show is entitled tile ‘DIAGNOSIS MURDER’ and it is a documentary on the questionable science of Shaken Baby Syndrome. Paul and Zabeth Bayne will be involved in this expose. You will recall that this couple lost custody of their three children with an event that began in September 2007. For two years this blog chronicled their story – the medical diagnosis of their youngest child’s injuries as SBS and the subsequent establishment of a Ministry of Children’s case that one or both of the parents were responsible for those injuries. That unchanging conviction directed the Ministry’s actions for the next four years. RCMP had dropped charges due to insufficient evidence. That did not stop MCFD. We can understand the need to be cautious, even suspicious, and therefore exercise due diligence to ascertain whether these parents are a risk or not, and further whether they deserve and can manage three children if they are returned to them.

Will this be a good documentary? Will it affect any benefits for the Baynes, or for other parents who have been suspected of shaking a child? I have great expectations for this approaching show. My confidence comes from the record of archived Fifth Estate shows and most recently the success of this past week’s show entitled ESCAPE FROM JUSTICE.

THE ATTORNEY GENERAL AND CP MEDIATION

Jenelle Schneider, Postmedia News

Ministry of Attorney General: The government website page for the Ministry of the Attorney General contains this page entitled Child Protection Mediation Program. In the post below I am quoting that page in its entirety and without comment from me. This is the mediation option of which the Attorney General’s Office wants you to be aware. I would like to hear what some of you who have been affected by MCFD's child protection practice think about this mediation theory and its delivery.
Attorney General

Child Protection Mediation Program

Sometimes parents or other people who are responsible for the care of a child disagree with child welfare workers in the Ministry of Children and Family Development (MCFD) or delegated Aboriginal child and family service agency (DAA) about a child’s safety and well-being. Child protection mediation is a collaborative way to reach agreement on the best plan for a child’s safety with the help of a specially trained, impartial person called a mediator.

THE WAY IT WORKS

Natural parents have full rights over their child unless mitigated by an agreement or court order to the contrary. These rights, known as parental rights are also referred to as custody or guardianship.

Occasionally a parent is unable to cope with parental responsibility and voluntarily turns a child over to the government. By law, in all jurisdictions of Canada there are child protection services, sometimes called child welfare services.  The term 'apprehension' is applied to the government intervention by which a child is removed from the natural parent(s) care, and this is affected by the extraction of all or most of the parental rights from the natural parents, through a quick confirmation by the Court. On this blog we tend to highlight the cases in which the government has taken initiative for a child protection order by which parental rights are set aside temporarily. I cannot underscore boldly enough my objection to the too frequent occurrence of temporary care that ignores court orders and time parameters.

British Columbia's legislation is entitled Child, Family and Community Service Act. In Ontario, the related legislation is the Child and Family Services Act, and, in Alberta, the Child, Youth and Family Enhancement Act. The BC CFCSA is unique in that it personifies the role of the government in child protection cases by a reference to the Director who is a senior public servant in one of the five provincial regions who interestingly seldom becomes involved in individual cases and never appears in court. So in fact, 'Director' means the child protection office or social worker responsible for the file.

MCFD IS IN UNRESOLVED CRISIS MODE

'Broken Dreams', Murray Unruh, glass & acrylic

UNRESOLVED CRISIS

MCFD IS IN UNRESOLVED CRISIS MODE

In spite of inquiries and recommendations, changing governments, legislative reforms and in-house restructuring that the MCFD calls transformation, this child welfare system in B.C. has failed generations of both children and parents. British Columbia’s child welfare system has been in crisis for decades and it still is. Hon. Mary McNeil can only address the predicament if she consults and understands the history of this Ministry in B.C., acknowledges the existing problems, and agrees that changes are required and can be affected.

SHOULD GOVERNMENTS ENFORCE LIMITS ON HOW LONG CHILDREN CAN BE KEPT IN TEMPORARY CARE?

Should governments enforce limits on how long children can be kept in temporary care?

That’s the premier question following the Bayne story which was aired by Kathy Tomlinson last night on CBC’s Go Public broadcast. It was an article written by the CBC Community Team  at 4:36 PM January 3, 2012  and it received 10 comments.  Of course the question generates reader response. It begs for response. But what an undiscerning question. Why ask the question at all? It is precisely because enforcement is a given, a natural expectation, that we have laws and codified prescriptions. They are legislated for the purpose of compliance by the citizens of a society regardless of whether one is an employee of the government in power or one of its agencies or is a civilian dwelling in the region governed by that government. There are penalties for contravening laws and regulations. From what kind of understanding of citizenry and governance does such a question arise? What could possibly suggest an immunity for child protection social workers and their supervisors from absolute compliance with the legislated limitations dictated by the Child, Family and Community Services Act? If there are mitigating circumstances peculiar to a specific case then there is latitude afforded to MCFD to seek a court order that extends limitations for holding on to a child. I am prepared to say that even at the risk of overlooking severely unusual circumstances, there should categorically be no allowance for keeping a child in protective care for a time longer than that allowed by law or legislated act.

So, YES, governments should enforce limits on how long children can be kept in temporary care.

THE GROWING PUBLIC REACTION TO CHILD PROTECTION DONE BADLY

As of Tuesday evening at 11:00 pm, there have been 424 comments to Kathy Tomlinson's Go Public documentary on Paul and Zabeth Bayne's four year battle to recover their family, four children (438 by 6AM Wed). Those comments convey the growing distrust of the Ministry of Children and Family Development, and a public demand for changes and reform to our child protection in B.C.  Tomlinson's news story was aired several times on Tuesday, Jan 3, 2012 and printed online under the title,

B.C. children spent years in limbo after shaken baby accusation

Court proceedings dragged on for 4 years

By Kathy Tomlinson CBC News

Posted: Jan 3, 2012 3:59 AM PT  / Last Updated: Jan 3, 2012 7:09 AM PT

I was pleased with Kathy's effective journalism yesterday aired at regular news hours including 6PM and 11PM. She encapsulated the Baynes' story for first time viewers of their ordeal. It was a staggering reminder to me of what my friends endured for 4 long years. Viewers will have found it incredible. Even Minister Mary McNeil expresses on air the need to speed up the process for what I and others believe to be a broken child protection system. The eldest three were removed in 2007 and their youngest baby was seized hours after his birth. Well not precisely. Social Workers arrived to remove him but his prematurity required that he stay for almost two weeks before he was taken from the hospital. He was so small he didn't fit into a car seat without stuffing it with blankets. Then there was a battle over whether this baby would be allowed to drink Zabeth's milk. At times it became an expose on the primitive quality of training of Ministry personnel. Despite Judge Crabtree's March 2011 decision that the Baynes' daughter had not been shaken by one or both parents in 2007, these parents had to endure many more months of MCFD protocol before the children were all returned in August. Even then, a three month probationary period was imposed during which time MCFD could inspect how the family was getting on. Finally, the file has been closed. At least that is the word received, but is anyone ready to believe anything that the Fraser Region of the MCFD says?

The Fifth Estate & Shaken Baby & the Baynes

The Fifth Estate explores the suspect science behind shaken baby accusations, in Diagnosis Murder, Jan. 13, on CBC-TV.

HOT OFF THE PRESS - CBC STORY ABOUT THE BAYNES

By CBC News, cbc.ca, Updated: January 3, 2012 10:09 AM

B.C. children spent years in limbo after shaken baby accusation

A couple whose children were removed from their home and eventually returned say the B.C. government caused needless suffering by keeping the family apart for almost four years.
“It’s going to take a lot of healing,” said Zabeth Bayne, mother of the four children. "There’s a lot of pain that gradually we have to deal with, and as a family."
“Children grow up very quickly, and they can’t wait,” said Paul Bayne, the father. “For four years, I couldn’t be a proper dad or provider or a protector. Now I can.”
The Baynes were accused in 2007 of shaking their six-week-old daughter. They’d brought her to hospital with inexplicable injuries, so the B.C. Ministry of Children and Family Development took her away.

A LOOK BACK AT AN INTERVIEW

On the day that his daughter was celebrating her tenth birthday, the ABBOTSFORD NEWS 1130 interviewed Derek Hoare and this is whatnews journalist Jess Johnston wrote on that day, December 14th, 2011. It is a good review of Derek’s present situation. Many of you know the details. Here is the account.

SINGLE FATHER FIGHTING TO GET AUTISTIC DAUGHTER BACK WANTS QUICK APPEAL PROCESS.

“Ten-year-old Ayn has autism and when she wandered away from home back in June, the Ministry of Children and Family Development stepped in. (Courtesy Facebook)

Derek Hoare is bringing a cake to his daughter's school this afternoon so she can celebrate her 10th birthday, but he won't give it to her in person.

Hoare hasn't seen his girl since she was taken by the province six months ago.