THE COUNTDOWN HAS BEGUN

 Nine days until the TCO comes to its conclusion, that is, the end of the temporary care order applying to Ayn Van Dyk, daughter of Amie Van Dyk and Derek Hoare. Expectation is high that twelve-year-old Ayn will be returned to one of the parents, likely Amie. If that outcome is realized, one extended family will be ecstatic with a range of emotions, and a phalanx of supporters on several continents will be thrilled.

In that case I wonder what Hon. Stephanie Cadieux will think about the Ministry of Children and Family Development of which she is the Minister in charge. An individual case is customarily not a priority for a Minister but Ayn’s case will have come to her attention. It’s a unique case. It’s a distasteful case.

It’s true that Ayn’s case did not transpire during Hon. Cadieux’s watch and she came into office late in this girl’s saga but if she has apprised herself at all about the details, she will know how this story is perceived by responsible readers of facts. Ayn was taken for an apparent reason, that Derek, the sole caregiver at the time, could not manage the parental responsibility of this disruptive and unpredictable autistic child. I described it as an apparent reason, because conscientious fact-finding would have assured a diligent investigator that Derek, if not perfect, was an effective and loving parent. He was also caring for two of Ayn’s siblings, older brothers, one of whom is also autistic. That’s right. Ayn is autistic. Sizeable commitment to be sure, but Derek viewed Ayn’s behaviour as entirely predictable and her disruptions when they occurred were manageable through his conversational persuasion. He was the Ayn Whisperer.

She was at home and happy, and she was also curious, understandably so, because she was autistic, and as an autistic child sometimes does, or, any child does, she scaled the backyard fence one afternoon and explored her neighbourhood. She didn’t venture far. The RCMP found her at a nearby neighbour’s yard. Derek felt he had no option but to call for help when he couldn’t locate her. But of course, RCMP must make reports, and the Ms. Cadieux’s Ministry was called in, before it was Ms. Cadieux’s ministry, and the administrator and social workers expected Derek to voluntarily sign a release form to let them take Ayn from him. Even if this appropriation was temporary, he was opposed to it, vehemently to say the least. So MCFD affected a surreptitious seizure of the child while she was at school. This was in June of 2011.

You read that date correctly. Even if Ayn was taken so she could be examined medically, socially and psychologically, even Hon. Cadieux will have to admit that three years is an excessive examination period and I would add, an unwarranted length of time to keep the child from her family and in the care of strangers who become simulated family. It doesn’t matter how positive the foster parenting has been, the conduct of the Ministry in this case is reprehensible, inexcusable. If Hon Stephanie Cadieux wants to make a significant mark on this Ministry during the brief time she holds this portfolio, because Ministers get switched around with frequency, I recommend that she delve with determination into the reasons why there are numerous cases of children being removed and then withheld from responsible parents and grandparents for extended times, and then meet that inquiry with suitable procedures to return children speedily. Perhaps she can expedite an unraveling of the mystery of red tape so that twelve-year-old girls do not miss three years of their lives with those who love them most.

Derek and Amie do not live together. Their marriage dissolved years ago, but with mutual respect Amie supported Derek’s single parenting of all three children. There is much that I do not know, but I am assuming Amie will be thrilled to see her daughter released from government care, even if she is returned to Derek. If the judge, on the recommendation of MCFD, rules that Ayn be returned to Amie, and Amie is able and willing, as I believe she is, that may be a wise step as this young woman enters her teen years. I trust that Derek will acknowledge the wisdom of such a move. Furthermore, I trust as well that both parents will find ways of allowing these children to see each other frequently. The countdown of days has begun again.

THE WAY I SEE AYN VAN DYK'S CASE

We are all waiting for her return, none more apprehensively than Amie Van Dyk and her ex husband Derek Hoare. They are the parents of Ayn Van Dyk, the twelve-year old autistic child who innocently meandered from her family back yard in 2011. Ayn was ten years old at that time. Even Ayn with imperfect cognitive capability would have reasoned to stay in her own back yard had she known that the consequence would be her removal from her family for over two years.

Amie and Derek have been informed some months ago that they can expect Ayn to be returned to them some time during the month of September 2013.

Ayn was ten years old when she scaled a fence that surrounded the back yard. She was not affecting a prison break. She was not violating a community standard. She was not disrupting anyone’s peace, although she did cost the taxpayer some money because of the urgently placed 911 call from her father summoning the help of RCMP who sent a helicopter into the Abbotsford skies to locate his child. Even Derek with his anxious parental response would have reasoned to summon friends instead of RCMP had he known that the outcome would be the agony of separation from his daughter for most of these past two years.

SHE IS JUST A LITTLE DISABLED GIRL, WHO WANTS TO LIVE LIFE

THE STORY OF AYN VAN DYK

As told by her father Derek Hoare

Part Eleven of Fifteen

SHE IS JUST A LITTLE DISABLED GIRL, 

WHO WANTS TO LIVE LIFE

October 27-28, 2011

All fifteen parts are Derek's own words written in 2011. He has been silent a long while now. This month of April marks the tenth month that Ayn has been in government custody. 
October 27

"Wow what a busy day; tons of details to sort out, Wyatt is ill, Lori Pynn just blew me away, and I just got back from grabbing Lou from the bus stop.... ahhh parenting :) Funny y'know because we immerse ourselves in our kids' lives and face one challenge after the next, each with their own set of tribulations and rewards. To have others look in on your life and take no time to understand where you have come from and where you are going on that journey that we call Family, and then based on those ignorant assumptions impose upon you what they perceive is "best" is an absolutely outlandish sense of justice. It is both scary and dismaying to think that I wasn't the first to go through this and will not be the last. It seems so critical that people wake up to this reality of a system so misguided it has rendered itself to be the very aggressor it was meant to protect us from."

MAKING OUR WAY - AUTISM

If you can give yourself 60 minutes to watch a rare video about Autism from the PBS network, then you will find that this exercise is educational while at the same time highly motivating. It is entitled, Making Our Way - Autism.'

Daily life for a child with autism is a challenge for the child and the family.

How much greater is the challenge, when a provincial Ministry of Children and Family Development has deemed that enough reason exists within a gathering of family facts, to remove this child from her parents. In the minds of social workers perhaps the family challenge is exacerbated due to the fact that the father is parenting solo. Divorced from his wife, and yet with a cooperative and trusting relationship between the two adults, father is nevertheless the primary caregiver and custodian of the child. Of course I am speaking of a specific family and a specific child, father and mother. I speak of Ayn Van Dyk, a ten year old girl with autism, her father Derek Hoare, and her mother Amie Van Dyk. Ayn has retained her mother's maiden name for reasons personal to and agreed upon by both parents. Now factor in that Derek is parenting three children in total of which two are autistic, one of them being Ayn. Then consider that while Derek is recognized by the Ministry as a highly intelligent man and is affirmed as an affectionate father to his children, he is also regarded as someone who blames the school for Ayn's behaviour and claims that she is well behaved at home. He is also portrayed by the Ministry as being unconcerned or argumentative of the Ministry recommendations and who is slow to seek medical attention for his children. All of that might be contested with a fuller fact citation. Now add a recitation of incidents in which Ayn tantrumed, has taken her clothes off, has acted aggressively, self injuriously or in one instance injured another child, and add an occasional appearance at school with unkempt clothing.

This may explain why the government considered it necessary to remove Ayn but it does not excuse that she has been kept from Derek and her home and her brothers for over seven months. Prescribed time lines have not mattered to the Ministry which repeatedly transgresses such regulations with apparent immunity and perhaps the approval of the Minister of MCFD.

Watch Making Our Way: Autism on PBS. See more from Making Our Way: Autism.

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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.

A PETITION - HELP BRING AYN VAN DYK HOME

A petition by advocates for a 10 year old girl's return to her family cannot affect that transfer of custody. It can however demonstrate the strength of public conviction that the apprehension and foster care of this child was ill advised and inappropriate. Within hours now the goal of 5000 signatures will have been reached. Almost 5000 people believe that Ayn, the ten-year old autistic daughter of Derek Hoare and Amie Van Dyk should not have been removed from parental care on the 16th of June 2011, and given that she was removed, she should have been returned to parental care much sooner than the six months, the 196 days that she has been in government care.

I am asking you to sign this petition. I want you to sign it. I am not the sponsor but merely a supporter of this child's return to normalcy. The petition as of this posting requires 48 more signatures to reach 5000.  Here is the link to the petition site, HELP BRING AYN VAN DYK HOME.

JUSTICE IN ANY LANGUAGE - THIS IS NOT IT!

For some time a large team of international supporters of Ayn Van Dyk have been advocating for her release from the care of the Ministry of Children and Family Development because we believe that this autistic 10 year old should be at home with her father and her two brothers. We believe that her removal was unnecessary and reactive and uninformed. We believe that having separated her from the father she loves for six months now is not in her best interests. Some weeks ago we articulated our message in several languages (English, Chinese, Italian, French, Polish, German) and these are available and being broadcasted.  THIS IS NOT JUSTICE

DEREK HAS NOT VISITED HIS DAUGHTER

Derek has not visited Ayn since she was removed on June 16, 2011. The opportunity has been presented to him. He has chosen not to visit Ayn. Derek has been separated from his wife Amie for three years. During that time Amie and Ayn have become accustomed to Amie’s periodic visits. So, during the five months that Ayn has been in foster care, her mom Amie, has had regular visitations with Ayn and permission was given for these to be unsupervised visits. Ayn has not interpreted her mom’s coming and going as unusual. Derek, on the other hand has not visited his daughter but he misses her incredibly.

Derek is not a foolish father but rather someone who weighs consequences carefully. He has been Ayn’s primary caregiver. He is a full-time father to all three of his children. That has been an agreement that he and Amie have established. Amie has respect for Derek as a father. Then why would he not visit this sweetheart whom he loves. He knows that his decision not to visit is one that requires explanation and he has articulated this in a statement which I will share here today.

DEREK EXPRESSES HIMSELF ON FACEBOOK / 602

I will not presume to speak for Derek Hoare. A reliable account of his thoughts and opinions are featured in his own words in an ongoing string of remarks on a Facebook group page called ‘Help Bring Little Autistic Girl Back to her Daddy.’ Perhaps you have already found it. If not you should. I will place some of the quoted text here as samplers.

Ayn, in care and drugged, vacant look

First, let me introduce you once more. Ayn is nine years old. Two months ago she was removed from Derek’s custody and care by the Ministry of Children (MCFD). MCFD social workers unsuccessfully consulted with Derek and also asked him to sign a voluntary release document which he refused in an understandably emotional dispute. They left his house, went to the school where she was enrolled, and they apprehended her. Since then he has not seen her once. He will have to answer whether this option has been presented to him. I know that he has said he would decline this because he either knows how damaging it could be to Ayn when he must say goodbye, or perhaps Derek himself could not bear the pain.