I SAW THE TEARS OF THE OPPRESSED

Ecclesiastes 4:1 says, "I saw the tears of the oppressed -  and they have no comforter; power was on the side of their oppressors - and they have no comforter.”

Paul and Zabeth Bayne are friends of mine, Christians, at home with their three children, two small boys and a 7-week old daughter and that was when their odyssey of horror began. It was the autumn of 2007. Two small boys chasing one another in the house and the toddler fell on the infant girl who lay on a blanket on the living room floor as mom and dad did supper tasks. In the following hours the baby lost her appetite and slept a lot so the parents took her to the hospital. After a couple of days of examination, the clinical default diagnosis for her triad of symptoms was 'shaken baby.' The term itself has intimations. Authorities did not believe the parents story of a mishap. Reports between medical personnel, and police, and child protection agency workers resulted in all three children being removed from them even though there were no criminal charges against the parents. "I saw the tears of the oppressed." The Baynes' efforts to recover their family cost them the mom's grand piano (she a concert pianist), and cost them their home. They began working night shifts to be available for all the daytime visits and court appearances. One year, two years, three years passed. The Baynes had an army of supporters and advocates. A former child protection social worker critical of some Ministry mistakes advised the Baynes' lawyer Doug Christie, who donated his time and admirably argued their case. Nevertheless, during the fourth year, a fourth child was born to them and within hours that child was also removed from them. "I saw the tears of the oppressed." They waited and prayed and worked for four years before they heard a judge's order to return the four children to them (August 2011). That was an astounding and unforgettable day. Today they are a happy family living far from the trauma of those years. And the children are thriving and growing taller and older and smarter and loving. 

I wrote this today, because I remember. For those years, Zabeth and I were in almost daily contact as I wrote blogs in our concerted campaign to make the public aware.  News networks and newspapers and finally CBC the Fifth Estate picked up their ongoing story.

TRUE CONCERN ABOUT CHILD WELFARE A LONG TIME COMING & HERE COMES PLECAS’ INTERVIEW

I began writing about Paul and Zabeth Bayne's effort to recover their children in 2009, when their case was already two years old. They were suspected of having harmed their youngest of three children. Shaken Baby Syndrome was the Ministry's concern at the time. I was in daily contact with the Baynes, commiserating and gathering information. In order to be reasonably objective as a blogger advocate, I educated myself about the history, the policies, the failures, and the reviews of child welfare in B.C.  It became apparent to me that the Ministry's burdensome responsibilities were not consistently managed judiciously, compassionately, economically or in timely fashion. I became quickly aware that there were many parents and families helplessly mired in bureaucratic gorilla tape, and that the Ministry was decidedly adversarial with parents in many of these cases.

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

OF COURSE, CRITICS CALL FOR CHANGES

For years sympathizers with the Bayne family dominated the readership of this blog site. Then I took a break but began again to write about Ayn Van Dyk, autistic 12 year old removed from her family to undergo assessment and investigate her family life. This was occasioned by her afternoon skip over the family fence and a wander down the street. She could not be found for three hours. 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.

DOUG CHRISTIE, HUSBAND, FATHER, FRIEND & LAWYER - DEAD AT 66

He was a defender of Free Speech.

Christie is one of the most recognized and provocative lawyers in Canada.

Doug Christie died on Monday at Victoria's Royal Jubilee Hospital at the age of 66. “I am heart-broken to say that Doug passed away this afternoon in Victoria Hospice,” his wife Keltie Zubko announced in a public statement. She said that Doug’s family was with him and were “able to say all that was in our hearts to say before he let go of the pain and suffering to leave us with the immense gifts of his love for us and the lessons of his life.”

I had difficulty understanding why he defended the people he did. Then I met him, spoke with him, watched him within the context of his legal work done for Paul and Zabeth Bayne as they tried for four years to recover their children from the Ministry of Children and Family Development of British Columbia, and my appreciation for the man began to develop. He represented the Baynes pro bono and that benevolence spoke volumes to me. I am sure that some of his motivation derived from his Roman Catholic convictions. I liked him. I am saddened by his death. The Bayne family is together today in large part because of his dedicated assistance to their campaign for justice.

THE BAYNES - A KATHY TOMLINSON CBC PIECE

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 

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A couple whose children were removed from their home and eventually returned say the B.C. government caused needless suffering by keeping the family apart for almost four years.

“It’s going to take a lot of healing,” said Zabeth Bayne, mother of the four children. "There’s a lot of pain that gradually we have to deal with, and as a family."

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?

AMPLE EVIDENCE OF STUPIDITY AND INCOMPETENCE

Ray Ferris has left a new comment on my post "A CRY IN THE NIGHT." Here is what he wrote.

Masters of Spin - it is central to life for ...

"There is no sinister plot. The senior echelons of the children's ministry do not have the brains or the competence to mount a plot. Unfortunately the end result is the same. No indeed dear readers; just look at the evidence. Why look for a canary when there are sparrows everywhere? Meaning---look at the obvious. We see ample evidence of stupidity and incompetence already, so why should we doubt that it is there.

When you have a green and inexperienced staff being directed by dummies who think that filling in forms and obeying drills is good child protection, certain things happen. First the brightest and best get out as soon as they can. This leaves the dumbest and the weakest as the main body of employees. The workers do not trust their superiors and the superiors do not trust the workers, so they work in a constant state of panic that something will go wrong and they will get the blame.

DOES THE GOVERNMENT REALLY WANT OUR INPUT?

DOES THE GOVERNMENT REALLY WANT OUR INPUT?

 by Ray Ferris

author of the book “The Art of Child Protection.”

You can purchase it from him by writing to rtferris@telus.net

“Some time ago submissions were invited to the provincial standing interparty committee on the representative for children and youth. It is this committee which selected Ms. Turpel-Lafond and with whom she dialogues and to whom she reports. I made a fairly long submission and copied the minister, and deputy minister. In it I used the Bayne case to illustrate some of the serious flaws in the protection services and to suggest some remedies. I emphasized that I was not advocating for the Bayne case, but simply using the Baynes to illustrate some of the problems. Even before submissions had been invited, I had sent a similar letter to the minister and the deputy minister. I eventually got a reply.

RAY FERRIS GIVES CREDIT TO DEREK HOARE

Ray Ferris commented further to Derek Hoare's account of the Case Conference held last Monday the 23rd of January 2012. It is an encouraging assessment of what seemed like such a disappointing outcome. Whereas thousands of supporters were hopeful that MCFD would propose at the very least a plan for a graduated return of Ayn Van Dyk to her father, instead a court date for trial was set for December 2012 and lasting until February 2013. Further, whereas some readers may have faulted Derek for minimizing the mediation and wanting the trial, Ferris looks at this differently and actually applauds Derek. Read his reasoning here. The point is the Ministry of Children has no substantive reason for doing what they are doing to this family, have no evidence of weight it can bring to trial, and would love nothing more than to wallow around in mediation talks that appear conciliatory but simply drag on indefinitely with no serious intention to deal fairly. It requires a judge's directive to the Ministry to make a restoration of parental custodial rights happen, and that's what occurred in the Paul and Zabeth Bayne case.

Here are Ray Ferris' comments.

CONGRATS FIFTH ESTATE - WELL DONE SBS DOCUMENTARY

I waited, I watched, I am Pleased

You should check this link to see when the show is repeated. It will also be archived at the CBC TV site. (Repeat airtimes)

DIAGNOSIS MURDER

This long awaited documentary was better than I had hoped! This has been the most significant public awareness vehicle to date, to alert Canada to the possibilities of unjust allegations and convictions with regard to Shaken Baby Syndrome.

The Fifth Estate investigative team, the production crew, and Gillian Findlay are a class act. They researched both sides of this controversial issue and they allowed both sides to speak. Yet it was clear enough on which side of the diagnostic/judicial conundrum Fifth Estate stood.

Shaken Baby Syndrome (SBS) is a medical diagnosis based on the presence of a diagnostic triad: (1) retinal bleeding, (2) bleeding in the protective layer of the brain, and (3) brain swelling. During the past twenty years this has been the preferred diagnosis. It was formulaic. These injuries in a child were considered conclusive evidence of a shaken baby. Every shaken baby has a shaker. A shaker has committed a criminal offence punishable upon conviction.  But WAIT!

In Toronto, one of Jeffrey Smith’s twin daughters, born very prematurely and struggling to live in their early months, died while in his sole care one day eighteen years ago. He went to prison after being tried for murder but sentenced for manslaughter. This was one of two heart-wrenching stories featured last night. Recently he was exonerated.That little girl died of natural causes. Jeff's life has changed forever. His other daughter is eighteen years of age now and he has never seen her. She was raised by her mom who although she was not present when the little girl died, was convinced by the police that the father was responsible. She did not appear on air.

Zabeth and Paul Bayne of Surrey, BC, had charges dropped in 2007 but their three children were removed from them because of suspicion that one of them had injured their youngest child. She did not die. She was gravely ill for a long while. She too had been born with some prematurity but in a household accident at seven weeks of age she had also been struck by a sibling as he fell on her while running. That explanation did not wash with authorities, both law enforcement and medical. A pediatrician diagnosed her as a ‘Shaken Baby.’ RCMP dropped initial charges due to insufficient evidence but the Ministry of Children understandably continued to consider the parents a risk. Not understandable was the Ministry’s unwillingness to ask for a second opinion - a disinclination to entertain the possibility there may be another explanation for her injuries. It took four (4) years and everything that this determined couple could give in order to win a verdict that they were not responsible for the child’s injuries and to have their children returned to them this past year, four years after the saga began.

Fifth Estate considerately, wisely held off the broadcast of this show until the Bayne family was no longer under the review period assigned for the first three months that the children were back with their parents. The Baynes were not vindictive in the interview. They plainly expressed how the ordeal had affected them personally and how helpless they had been within a child protection system that assumes guilt until proven innocent. Last night’s show may become a resource to prevent other innocent and grieving parents from being presumed guilty.

HOT OFF THE PRESS - CBC STORY ABOUT THE BAYNES

By CBC News, cbc.ca, Updated: January 3, 2012 10:09 AM

B.C. children spent years in limbo after shaken baby accusation

A couple whose children were removed from their home and eventually returned say the B.C. government caused needless suffering by keeping the family apart for almost four years.
“It’s going to take a lot of healing,” said Zabeth Bayne, mother of the four children. "There’s a lot of pain that gradually we have to deal with, and as a family."
“Children grow up very quickly, and they can’t wait,” said Paul Bayne, the father. “For four years, I couldn’t be a proper dad or provider or a protector. Now I can.”
The Baynes were accused in 2007 of shaking their six-week-old daughter. They’d brought her to hospital with inexplicable injuries, so the B.C. Ministry of Children and Family Development took her away.

TAKING AYN WAS WRONG / 606

A Family shot during this past year

Josiah at 7 mo laughing

The Baynes are still rejoicing. All four children have been returned into the arms of Zabeth and Paul. Tomorrow I will celebrate this joyful event with them at a large party. Tomorrow I will close out this GPS campaign for the Baynes with my final posting. 

Today I am commenting on Ayn and her daddy Derek Hoare.

A young Ayn with Daddy

Derek Hoare expresses himself. Have you already noticed? He has a Facebook Page called ‘Help Bring little Autistic girl back to her daddy.’ Thousands of people are members and many of them write comments each day. His lead observations or his responses to others comprise the reading material. It is a busy page. I was going to say that MCFD would like parents like Derek to roll over and be quiet, but almost certainly MCFD don’t care about Derek. But MCFD should care. He has already appeared on more television and radio interviews and online and hard copy news articles than any previous parent whose child has been taken for questionable reasons. And it has only been 45 days or so since Ayn was removed from his care.

This is what he said yesterday, "Just got off the phone with MCFD, Ayn is sobbing to see me, she has been carrying around my picture, and is crying about wanting to see me. So saddening."