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.

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?

AN APPEAL TO SOCIAL WORKERS / Part 391 / For Love and For Justice / Zabeth and Paul Bayne

AN APPEAL TO SOCIAL WORKERS

Here is my entreaty to social workers engaged in child protection. When you reflect upon the cases in which you are now or have been involved, and if within that list you readily identify families which would benefit from being together rather than apart and you have the means to affect that reconciliation, do all that you can to insure that this happens. So much rests with you. You control destinies. That seems a frightening responsibility.

Logo of National SW month for NASW

Anyone occupying a role which owns the weight and the power of the child protection worker within our society, has to have the right stuff if he or she is confidently and effectively to protect the rights of children, safeguard the rights of families and parents and live with a deep contentment at the end of the day. If you see many cases where harm has been inflicted upon innocents, it is understandable that a callousness develops toward the responsible caregivers. How discriminating you must be to preserve your own authentic objectivity. How discerning you must be so that can separate fact and evidence from story and assumption. 

You are a member of the public and the public depends upon you front line people to be so careful with your invested power for our sakes, the children among us, children who may require food, opportunity, protection. And by referring to “our sakes” I also intend our families, parents of children, parents who require understanding, a listening ear, parents who require advice & counsel and encouragement, grandparents whose grandchildren are their joy and for whom they hope. Make all of your action choices wisely and be gentle with us please.

USE THE MEDIA TO TELL YOUR STORY / Part 262 / For Love and For Justice / Zabeth and Paul Bayne/

Thanks to one of the numerous Anonymous writers of comments I was updated with regard to the Flagg family and I want to insure that you know the rest of the story. I wrote about the Flaggs earlier. You can read my pieces 219 and 220. In Post 251 I encouraged you to read Leah Flagg's blog and sign the petition for reform which she was advocating. I can only hope she will continue this effort now that her own dilemma is over.

Kathy Tomlinson does a commendable job of researching and writing stories in her Go Public CBC feature. She has written about the Baynes in the past on a couple of occasions (1) and (2) and stays in touch with this case. You can be sure that when the Baynes are awarded their children this year, that she will be all over this story. Let's hope that Judge Crabtree also censures MCFD so suprremely that Kathy can spread this flame into an inferno for reform of that which is systemically defective within our Ministry of Children.

Here is the Flagg Family Update from her article “Family gets children back” July 5, 2010, CBC Go Public. All of the yellow font is Kathy's manuscript.

“Leah and Steve Flagg said their problems were also solved after speaking out. The Kamloops couple approached CBC Go Public in April, after they could find no help for their mentally ill adult son.
Leah and Steve Flagg got help for their mentally ill son, and their other children were returned to them.(CBC)
"What we have seen — since the story aired — is that with enough motivation our government can do for its people what it has promised," wrote Leah Flagg.

Flagg and her husband, Steve, had allowed their son to move back into their Kamloops home, even though his violent outbursts put their other children at risk.
Before that, the 19-year-old had been under the care of B.C.'s Ministry of Children and Family Development. He was cut off from those services when he became an adult. His mother said she could find nowhere for him to live, so she brought him home.”
The ministry responded by putting the Flaggs' other three children in foster care. The parents spoke publicly about how this had devastated the family.

"A Ministry of Housing and Social Development manager called us the morning after the story aired," Flagg said. "She has been working closely with me ever since . … With her help, we obtained housing [for the son], and his disability benefits were not delayed.
"The last of [our children] returned to us full time shortly after the story aired, and legal custody is being returned to us.
"We hope to encourage other families to pursue complaints and advocate for change … which will enable greater accountability."

If you have a family situation for which publicity might become a resource that produces a good outcome for you, contact Kathy Tomlinson. She welcomes all such contacts. Submit your story ideas to Kathy Tomlinson at Go Public.