EMERGENCY REMOVAL OF CHILDREN

Call it an 'emergency removal.' There are seizures of children from parents without prior notification to parents. It happens - more times than any of us would deem reasonable. The Child, Family and Community Services Act and therefore the courts denote that only imminent danger to a child's health or to the child's life is a justification for the removal of the child without notice to parents or prior hearing. The Act (CFCSA) also stipulates the need for a prompt post removal hearing when a child is removed. In British Columbia, as in other provinces of Canada, we have a record of numerous oversights, violations or delays over the years in British Columbia. Frequently, there are removals of children 'on an emergency basis.' This may be effected unilaterally by the Ministry of Children without a court order. It may be done on the basis of an ex parte judicial authorization. The number of emergency removals has increased over the past twenty years, almost doubling. This in turn has expanded the population of children in foster care, leading to the judgment of many that the child welfare system is in crisis.

IT NEVER STOPS

It never stops.

Cases of parents neglecting or abusing their children; cases of parents being accused of neglecting or abusing their children; cases of children being removed justifiably from misbehaving parents; cases of children being removed unnecessarily from responsible parents; cases of children not being held long enough to protect them and cases of children being held excessively long from their parents.

MEDIATION - THE POISONED APPLE OF CHILD PROTECTION

The Poisoned Apple by DevianArt

Ray Ferris has written another timely piece today. Ray is an occasional contributor who provides sage counsel because of his years working with the Ministry of Children and Family Development. He meets many families who are struggling to recover their children from MCFD and is justifiably critical of the cruel bureaucratic delays. Today he writes about Mediation and expresses caution.

RAY FERRIS TO TIMES COLONIST AND MPPs

A letter from Ray Ferris - Written to the Times Colonist  

Ray Ferris is a retired child-protection worker and the author ofThe Art of Child Protection.

"You report another child welfare horror story. Such professional incompetence is entrenched and institutionalized in British Columbia and many other child welfare jurisdictions. The Internet is rife with horror stories. Ian Mulgrew of the Vancouver Sun recently covered a case that cost an estimated two to three million dollars before the children’s ministry withdrew from the case and returned the children to the mother. Anyone can read the scathing judgement here.

WHAT WE GET FOR WHAT WE GIVE

We pay good money to operate a government for the people.

We pay our taxes, all of us do, as citizens of the commonwealth, the federal government of Canada, and the British Columbia government for a province that we call home. We love it here and together we are the people.

Our expectations are routine enough. We want reliable representation by ordinary people standing in on our behalf to create and manage respectable law and policy to service people and the communities in which we live.

We value statements by government agencies that have the sound of credibility such as “In the best interests of children.” We believe innocently, naively that all agencies mean what they say, or that all employees within them, operate with authenticity.

Then something like this happens.

LISTEN TO RAY FERRIS - SCRAP THE CHILD, FAMILY AND COMMUNITY SERVICES ACT

Ray Ferris is my friend. He lives in Victoria so our opportunities for personal contact are few. Our interaction and friendship has been conducted largely online and by phone. We found one another when we were advocating for the return of Paul and Zabeth Bayne's children. That process took over four years to realize a satisfactory outcome. Ray is in his early 80's, is active, alert, articulate and altruistic to the core. He had a career in what is now the Ministry of Children and Family Development, precisely that ministry whose conduct of cases he now finds frequently appalling.

Here in this snatch of prose, he is expressing himself about what has transpired over the past several decades in the care of children by government authorized agencies in British Columbia, Canada.

A BRITISH COLUMBIA CHILD WELFARE MYTH

The rights and best interests of children. 

In British Columbia, children have certain rights. They have a right to be made safe in their own homes or in alternative care. Right? When in care they have the following rights.
They have a right to continuity and stability of care. Right?
They have a right to be placed with relatives and to continuing kinship contact. Right?
Young children have a right to timely resolution of their cases. Right?
This means not being left long in damaging limbo. Right?
They have a right to privacy. Right?
They have a right to the protection of the courts from unwarranted removal. Right?
The ministry director has the responsibility to prove his case. Right?
Parents have a right to protect their own children. Right? Wrong on all counts because in practice they get none of these rights.

DID CHRISTY CLARK READ MY LETTER? PROBABLY NOT!

This is the letter I sent to Christy Clark's office over one year ago. Numerous other advocates did the same. Ayn Van Dyk is still in foster care under direction of the Ministry of Children and Family Development. There is a possibility of her being returned to her daddy this year. It's an awful punishment for an autistic girl for wandering from her back yard, and a terrible penalty to impose on a dad for not seeing her leave. She was found 3 hours later.

A CANCELLED PARENTAL VISIT - ANY QUESTION?

I want you to be aware of the substance of a statement carried online on the open Facebook page dedicated to advocacy for Ayn’s return to her biological parental custody and care. Look up 'Help Bring little Autistic girl back to her Daddy.'

Derek Hoare is Ayn’s father and on September 5th he was commenting on a disagreeable situation. His ex-wife Amie Van Dyk with whom he has an amicable and respectful relationship and with whom he shares the deep desire for restoration of full parental rights with regard to their daughter Ayn, reported that she had been refused visitation time. (As you may know, Ayn is in the care of the Ministry of Children and Family Development since June 16, 2011, four days after she wandered from her back yard for a three-hour jaunt, and MCFD workers deemed that she required care and assessment and stronger control and that Derek as primary caregiver to three children, two of whom are autistic, required their assistance. Taking his child, immediately loading her with psychotropic drugs and locking his life into cycle of legal contest to retrieve her is that which Ministry personnel have accomplished.)

THE MINISTRY OF CHILDREN NEEDS WHAT DR. ORIEUX CAN TEACH

The B.C. Ministry of Children and Family Development could learn from my dentist. I am serious about this statement. In fact, I suggest that the Hon. Mary McNeill, Minister of MCFD, confer with Dr. Kevin Orieux regarding the difficult challenges she faces in fulfilling her portfolio. I am confident he could help the Ministry not only meet its mandate, but also lessen stress and pressure for Ministry staff while simultaneously enhancing the Ministry’s reputation in the eyes of BC’s citizens.

Thumb created by MarkosWeb.com

Why could a dentist do that? Because he’s not just a dentist. He has written two books on human dynamics and corporate psychology, so when he isn’t running the Cloverdale Dental Clinic, he is a practicing corporate consultant whose expertise helps those in leadership to fulfill their vision and purpose, by empowering their people. The following is a quote from the website of Aararat Consulting, which states Dr. Orieux’s goal to: “create a supportive environment where the rallying cry is ‘Synergy’ whereby everyone works with a unified focus to serve the holistic needs of the customer first, their
co-workers second, the company third, and themselves fourth.”

FOR PARENTS - INFO & SUGGESTI0NS - How to Help Yourself, Part 3 of 4

INFORMATION AND SUGGESTIONS FOR PARENTS WHO ARE INVOLVED WITH CHILD PROTECTION AUTHORITIES IN BRITISH COLUMBIA
Written by Ray Ferris

Part Three of Four
HOW TO HELP YOURSELF

How to help yourself.

There is a lot you can do to help yourself. It helps if you understand the process and what to expect. Any person with a reasonable degree of literacy can research the act. Internet users can simply enter the name of the act (Child, Family and Community Services Act) into a search engine and access it on line and print it. You do not need to know the whole act, but you can quickly learn how some key sections of the act are supposed to work and how they are meant to protect you. You can and should insist on compliance, even if your lawyer wants to be more casual.

FOR PARENTS: INFO & SUGGESTIONS - DO YOU NEED A LAWYER? pat 2 of 4

INFORMATION AND SUGGESTIONS FOR PARENTS WHO ARE INVOLVED WITH CHILD PROTECTION AUTHORITIES IN BRITISH COLUMBIA
Written by Ray Ferris

Part Two of Four
DO YOU NEED A LAWYER?

Do you need a lawyer?
There are both advantages and disadvantages to using a lawyer. If you are in agreement with what the protection workers are doing and you have social workers that you can trust, you probably do not need to use a lawyer. You do have a right to address the court, but you may have to insist on being heard. At least it becomes part of the record. Like any other profession, there can be a great variation from one lawyer to another. They all have different levels of experience and expertise in different fields of law. A lawyer does not have to be experienced in family court to take a case and may not be familiar with how family court operates and with important precedents. Lawyers will vary in diligence and perspicacity and in many other ways. A person with expertise in your field may be far too expensive for your budget. Legal aid lawyers may take the line of least resistance and come ill prepared. So how do you decide on a lawyer?

FOR PARENTS - INFO & SUGGESTIONS - CHILD PROTECTIOIN & THE COURT, part 1 of 4

INFORMATION AND SUGGESTIONS FOR PARENTS WHO ARE INVOLVED WITH CHILD PROTECTION AUTHORITIES IN BRITISH COLUMBIA.
Written by Ray Ferris April 29th 2012.

Part One of Four
THE CHILD PROTECTION AND FAMILY COURT SYSTEM

Introduction.

girlsportguide.com

These notes are aimed at helping people who have recently become involved with the Ministry of Child and family services directly or through others. The information is written in the light of a number of cases coming to me and to other child protection helpers. I have borne in mind many of the most common questions that have been asked me. In writing this, I warn readers that the child protection scene is ugly, not only in British Columbia, but throughout Canada and the whole English speaking world. Unfortunately, I have good grounds for this statement, which is based on contact with numerous cases and with consistent reporting on a number of child protection blogs. I am very blunt about it because I believe that people are better off knowing the stark reality of things, than in harbouring false hopes, only to be disappointed.

FAMILY AUTONOMY

The family is the primary social institution. Family autonomy you would think should be among the most important objectives of provincial and federal governments. What we have come to understand that parental liberty is fundamental to the concept and function of family. The family is the primary conservator and transmitter of values, beliefs and traditions. Can it not be evident to Members of the Legislative Assembly of B.C. and to the Ministry of Children and Family Development and to Educators and to Law Enforcement that any intervention into family is like an invasion into its sanctity because it endangers family customs and ideals?

Such recognition is underscored by the fact that the autonomy of family is both acknowledged and defended within Canadian human rights documents and international papers of which Canada is a signatory. Such documents seek to protect the rights of families against the intrusions inferred here against what is universally recognized as the natural and essential societal unit. It should be entitled to protection.

CHILD PROTECTION IN B.C.- PROBLEM ANALYSIS

We realize don’t we that there is no uncomplicated quick-fix solution to improving the child protection system. If there were, then why haven’t well-intentioned reforms of the past been wholly successful? Scores of recommendations have been generated by respected judges and their colleagues with which the Ministry of Children has largely complied in recent years.

Too often social workers are either criticized for breaking up families or for missing a case of abuse. However, the system in which they work is constructed around predicting a parent’s ability to look after their child, which is never certain.

THE CANADIAN BAR ASSOCIATION AND CHILD REMOVAL

The Canadian Bar Association B.C. Branch website has a page entitled ‘Child Protection and Removal.’ Valuable advice is offered there to parents of removed children as well as to ordinary citizens with responsibility to report suspected abuse or neglect of children. These look like diametrically opposed interests but not from the perspective of the law.

You can of course read it in detail by going immediately to the site but I will highlight some of the offerings there to whet your appetite.

YOU SHOULD KNOW WHEN YOU NEED A LAWYER

WHAT HAS HAPPENED IN 30 YEARS TO FRACTURE CHILD WELFARE

WHAT HAS HAPPENED IN 30 YEARS TO FRACTURE CHILD WELFARE
Written by my respected friend, Ray Ferris, author of the book “The Art of Child Protection.”

What on earth has happened over the last thirty years to transform the child welfare system from being imperfect but manageable and reasonably fair, to being totally broken and incapable of guarding the best interests of children.

Unless we find ways of fixing the system, there is no use in knowing the law and how it is supposed to work. What we need to do is to define what is broken and why and then to persuade the responsible people to fix it.

There are a number of components causing the breakdown and they cannot be fixed by throwing money at them. In fact throwing more money at them might well make it worse.

RAY FERRIS CLARIFIES SOME PERCEPTIONS

Ray Ferris retired from a a career with the Ministry of Children and Family Development at a time prior to the present Child, Family and Community Services Act which empowers the current Ministry of Children and Family Development. He has been openly critical of Ministry practices and case management for some time. He contributes comments here and occasionally I print his material as the primary post for the day. This is one of Ferris' posts.

Doug Christie

First one quick comment in response to one writer. Yes it is true that a letter from me was read to the court in the Bayne case. Yes, it is true that the children stayed in care for nine more months. These two were not related however. The ministry had indicated that they wanted a parental capacity assessment done before they would consider returning the Bayne children. I knew that this process could take many months and could be costly. I am just as qualified as anyone else to do such assessments. I completed a fully professional assessment in two weeks, complete with many written references and reference interviews. It was totally factual. Lawyer Doug Christie tried to file it as appropriate under section 68 of the CFCSA.

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.

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.