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.

RAY FERRIS TOLD THE MINISTER ABOUT AYN ONCE AGAIN

Today I have posted a letter written by Ray Ferris. He has given me permission to publish it. This has been directed last week to the people named below. Ray is an unapologetic critic of the MCFD mistakes. Ray is the author of 'The Art of Child Protection'. You can purchase it from him by writing to rtferris@telus.net.

From: Ray Ferris
Sent: Thursday, December 08, 2011 1:34 PM
To: Mary McNeill ; Claire Trevena ; nicholas simons ; maurine Kargianis ; stephen Brown
Subject: Ayn Van Dyk

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.

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.