Showing posts with label Judge. Show all posts
Showing posts with label Judge. Show all posts

Sunday, May 25, 2014

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.

Tuesday, May 10, 2011

WHAT IS IN THE BEST INTERESTS OF THE CHILD? / 525

The ‘interests of a child’, the very best interests of children should naturally be the concern of each one of us. Parents in particular are expected to care for their children according to this standard. In societies like ours, the collective, the people, citizens, have elected representatives to institutionalize this standard of care for children. When parents or other caregivers appear not to be acting in the best interests of a child, then government authorized social workers intervene.

Curiously, ‘the best interests of the child’ has become a virtual dogma within our courts and child protection systems, yet there is no standard definition of ‘best interests of the child.’ Notwithstanding, this phrase customarily refers to the court’s consideration of the kinds of orders, actions and services that will best serve a child, as well as taking into consideration the person(s) best suited to care for the child. The child’s fundamental safety and welfare is the principal concern.

Monday, May 2, 2011

JOSIAH RESTING BETWEEN DESTINATIONS / 517

Josiah tucked in the padding of his carseat
Cute little boy. Cuter each day. He should be in his parents' arms.

He was legally removed from the custody and care of his mom and dad on the day of his birth.

His three siblings were already in foster care as prescribed by the Ministry of Children during the past three years, pending the outcome of a judge's decision.

That decision came almost one month later after Josiah's birth when the Ministry's application for a Continuing Care Order was judiciously dismissed but the three children were retained in temporary care for three more months. That order is completed on June 2nd.

Friday, April 1, 2011

REPORT OF THE HEARING RE: JOSIAH CUSTODY

Acknowledgement: Four individuals supplied me with accounts of Friday's court proceeding. Thank you.
Surrey Provincial Court Building Entrance
Preface: This was a hearing specific to Josiah Bayne, who is now several weeks old and who was removed from his parents' custody on the day of his birth February 10, 2011. His three siblings are the subject of a case that was decided on March 2, 2011 with an outcome that they remain in foster care for six months. The case files for all three Bayne children have been transferred from the Hope Team to the Guildford (Surrey) Team and Matthew Walker is now the primary caseworker with the Bayne family. On this day the court was to hear and make a ruling on MCFD's application for an Interim Custody Order for Josiah. Loren Humeny (Hope Office) has been the primary case worker for the past 3.5 years and he was present to give testimony. Paul Bayne whose failure to testify during the 2010 court case was noted by Judge Crabtree, did testify today, as did Zabeth. Doug Christie was present to represent the Bayne family.

Wednesday, September 1, 2010

JUDGE's INTEGRITY IN QUESTION

Lori Douglas, associate chief justice of Manitoba Court of Queen's Bench (family division) has stepped away from her duties in light of a formal complaint revealed by CBC yesterday. The lurid details required a publication explanation by CBC that speaks to the duty to inquire and report on these matters, and to pursue accountability. The Family Division includes child protection cases. Ponder that scenario. CBC Video Story