THE BAYNE FAMILY - AN UPDATE 7 year later

You will remember that my GPS blog posted daily stories about Bethany Bayne who at seven weeks of age was removed from her parents, Zabeth and Paul, following a diagnosis of shaken baby syndrome in September 2007. Her removal was accompanied by the apprehensions of both boys as well. For four years, the Baynes sought to prove their innocence and to recover their family. Finally in August 2011 the family was reunited but not until a lengthy court case and a long wait for the judge's decision and several more months of parents jumping through hoops.

Bethany

Throughout the four years, Paul and Zabeth Bayne visited the children faithfully each week and retained and sustained a parental relationship particularly with the boys who were four and two when they were removed, and established a relationship with Bethany who had been too young to remember them. In 2011 Josiah was born and removed from his mother shortly after birth as a matter of protocol.  
They have been happily together since Aug 2011, with a great family life, living as though nothing had ever interfered with their family.
This is largely due to the strength of the parents, the grace of the LORD, the help of lawyer, the late Doug Christie, the counsel of advocate Ray Ferris, the blessing of countless supporters and advocates. 

Josiah

AYN'S APPREHENSION WAS UNREASONABLE - WILL THE MINISTER LISTEN?

In June 2011, MCFD’s decision to apprehend Ayn was the result of under-investigation. I believe it was over-reaction rather than over-investigation. Sending out the child protection team was standard procedure following an RCMP involvement in a child-search. However, when social workers arrive unannounced with document in hand, requesting a parent’s signature to a voluntary surrender of a child, without engaging in a sincere discussion of the challenges of parenting an autistic child, and in this specific case, the reasonable explanation for the child’s wandering from home, and possibly as well, asking how the Ministry could actually facilitate Derek’s job of caring for three children, two of whom are autistic, then the MCFD action was flagrantly unreasonable, illogical, unfounded, groundless, senseless and irrational.

ALBERTA RESPECTS CHILD IN CARE TIMELINES MORE THAN B.C.

An advocate named Papa InBC speaks out for children and parents whose lives have been turned upside down and inside out by the Ministry of Children in British Columbia for reasons this advocate believes are unjust. Papa InBC has replied to yesterday's blog post which I published and which was written by Ray Ferris. Papa has both a website and a Facebook page.

Here is is Papa's response.

Papa Inbc writes: I'm told Alberta respects child-in-care timelines more than B.C., and that the wait for trial is not excluded from the point a protection hearing grants interim custody based on evidence and testimony.

This would appear to indicate that what MCFD in B.C. is doing is unconstitutional for both parents and children affected, which flies in the face of what is in the best interest of children.

In support of Ray's suggestion, I suggest a class-action lawsuit be initiated on two points, first, non-emergency no-warrant removal, and second, "interim" custody that exceeds the time lines in the current CFCSA Act.

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.

A VERBAL BULLET CLIP – AMMUNITION MEANT FOR MCFD

By Dr. Ron Unruh in Help Bring little Autistic girl back to her daddy

A VERBAL BULLET CLIP – AMMUNITION MEANT FOR MCFD

The Ministry of Children and Family Development (MCFD) has exhibited its already notorious failure to abide by its own policy and legal timelines in the case of Ayn Van Dyk. Ayn is ten years old and she is autistic. The policy which both empowers MCFD and gives direction to its operations is called Child, Family and Community Services Act. CFCSA specifies clear timelines for speedy processing. Speed has not characterized the way Ayn’s case has been handled following her removal. Ayn’s father Derek Hoare is presently in the centre of this agency’s ineptitude. Assembled below is a clip of verbal bullets.

DRUGS CAN’T STOP THE TEARS

By Dr. Ron Unruh in Help Bring little Autistic girl back to her daddy

Derek and Ayn happy when she once lived at home

Our hearts are touched by Derek Hoare’s broken heart and most of all by the bewildered agony that terrifies Derek’s nine year old daughter Ayn (pronounced Ine). After eighteen days of Ayn’s crying, the Ministry requested that Derek supply a photo of him and Ayn together. She has been carrying this around ever since. That was 4 ½ months ago. Those pretty blue eyes were filled with tears for eighteen days despite the injection of three drugs into her system. That’s how the ministry has cared for this child with an autism disorder. Seventy hours after seizing her MCFD began the drug treatment. Drugs were unnecessary and unwelcome in Derek’s home.

YES, CRITICS CALL FOR CHANGES / 530

Sympathizers with the Baynes dominate the readership of this blog site. I accept that. Other readers, occasional and curious take a peek. Some with vested interest in the Ministry of Children browse as well. Be assured that the parents and advocates of child protection reform who comment here are not a small troublesome faction of uninformed complainers.

Critics exist across Canada and in enlightened countries around the world. Critics are calling for greater accountability for the child protection segment of child welfare. That is what must be understood and processed by responsible parties.

Please hear me say that I believe child protection agencies do serve a vital function to safeguard children. Note that I am saying just as emphatically that child protection departments overstep their mandate.

Judge M.B. Hicks Decision regarding Josiah's Custody / 508

Picture: Michael Brown, Dreamstime.com

Bayne legal counsels have received official notification of the April 18, 2011 Decision of the Honourable Judge M.B. Hicks concerning the custody and care of Josiah Bayne, the fourth child born to Zabeth and Paul Bayne.

Cutting to the chase, Judge Hicks' decision, made in light of Judge Thomas Crabtree's decision that Josiah's three siblings require protection, is that Josiah needs protection. In a nine page document using 33 points, Judge Hicks wrote his reasons for his judgement and these are precisely what you would expect given the circumstances that spin from the earlier March 2, 2011 Crabtree ruling.

An Index of My Previous Posts about Judge Crabtree's Reasons / 484

(Tomorrow I give you my version of Judge Crabtree's two-stage decision)

In a series of posts following Judge Crabtree's release of his reasons for his decision on March 2, 2011, I highlighted several aspects of that 39 page ruling. I read the 39 page document and I quoted certain sections of it but primarily interpreted its content. The series provided a fair synopsis of his thinking and decision.

For example I gave the straight up concluding facts of the decision. The judge did not accept the shaken baby syndrome premise put forward by the Ministry and he found inconsistencies in Zabeth's explanation of an accident to account for her daughter's injuries. He did not return the three children to them but he also did not grant the Ministry its applied for Continuing Care Order.
Part 464: The Judge Rules – Not Good News
Part 465: The Last Word

HAS MCFD'S COMPLAINT RESOLUTION PROCESS WORKED FOR YOU? / 480

Hon. Mary McNeill & Hon. Steven Point

A new photograph of the Honourable Mary McNeill together with the Lieutenant Governor Steven Point on the occasion of her signing her oath of office is the only indication thus far that there has been a change of command at the Ministry of Children and Family Development.
 

Hon. Mary Polak

The Honourable Mary Polak is still pictured as the primary spokesperson of the Ministry to you when you see her and read her message of welcome to the MCFD website.

I'll cut Ms. McNeill and the Ministry a little slack since it has only been a bit more than a week since she took office and she has not been able to get to all of the tasks that will stack up in her inbox and task box. I wonder how soon she and her deputy minister will place their unique marks on the service plan and the CAPP. How much time must be granted to them as a learning curve?