FLASHBACK - ZABETH & PAUL BAYNE

This is a flashback to well over a decade ago when I officiated the wedding ceremony for Zabeth and Paul. Today they have four vibrant, growing, intelligent and lovely children. They could never have imagined as they knelt before me (their choice), that within a few years they would experience yet endure the gravest assault upon their family, their hearts and their reputations. In 2007, accused (but unproven) of hurting their youngest of three children then, all three children were removed from them. For four years they maintained their innocence and fought passionately through hearings and court cases. Then as a crowning insult, their newborn fourth child was removed shortly after birth in 2011. With the help of the late Doug Christie (barrister extraordinaire) and Ray Ferris (former MCFD supervisor turned critic) and through their own faith and determination and the moral support of hundreds of advocates, they received their children back in 2011, and in the five years since then, their thriving family provides the continuing evidence of a wrong diagnosis, incorrect assumptions of guilt, the risk of unfettered power among blasé bureaucrats, social workers and litigators; as well as the evidence of the diligent, honest, upright and loving parents and people that Paul and Zabeth are. They are a continuing inspiration to many troubled people. I will never forget them, Zabeth in particular with whom I maintained an almost daily contact through the years of their ordeal. Thank you God, for setting them free.

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

PARENTAL CAPACITY ASSESSMENTS (1st of 2 parts)

Parental Capacity assessments (1st of 2 parts)

Written by Ray Ferris. Ray Ferris is a retired child-protection worker and the author of The Art of Child Protection and occasional contributor to this GPS blog.

Parental capacity assessments, or PCAs are the sacred cows of the family courts. Neither the courts, nor the lawyers nor the social workers understand the parameters and limitations of these assessments. So for the benefit of any readers who may be at the mercy of the MCF I will give you the basics.

PCAs are one of a related group of family studies, which require the same skills to accomplish. These are adoption home studies, foster home studies, custody and access reports, general social assessments and risk assessments. All these studies should be carefully compiled and factual family histories done with the emphasis on normal social functioning. Families who have normal educational achievements, good work records and stable housing do not suddenly change their natures and haul off and injure kids or become negligent. One needs to know the risk factors such as parents, who have poor education, poor work records, poor financial histories, serial marital relationships, histories of alcohol and drug abuse, family violence and so on.

I am grateful to Zabeth Bayne for digging up good guidelines for me. These are not issued by the professions of psychology or social work. Neither the college of psychologists nor their association has guidelines for parental capacity assessments and the same goes for social work. The guidelines come from the Law Society in its online education program. They clearly state that psychologists are not qualified to do PCAs without further mentored training. Yet psychologists are hired all the time to do them and they follow no firm guidelines. Guidelines also only recommend psychometric testing in special cases. Also that any psychometric testing should not be done be the same person who does the parental capacity assessment.

Now we have the courts leaving it all to psychologists to determine the outcome of cases. Judges abandon their judicial responsibilities and leave it all on the shoulders of untrained psychologists. Usually the ministry pays for these assessments, and it is well known that so-called expert opinion favours the hand that pays. Repeat business may be in mind. (contact me if you have a question, rtferris@telus.net.)

THE FIFTH ESTATE SHAKEN BABY FEATURE TONIGHT

When to Watch

Tonight, Friday at 9 p.m. JAN 13

9:30 p.m. in Newfoundland & Labrador (Repeat airtimes)

DIAGNOSIS MURDER

For decades, the diagnosis of shaken baby syndrome virtually guaranteed convictions, shattering the lives of thousands of parents, babysitters and families. Now new evidence questions whether the syndrome even exists, and whether some have been wrongfully convicted.

In a promotional video of an interview this subject is discussed for five minutes – good introduction. Paul and Zabeth Bayne are interviewed.

CBC News: 'Shaken Baby Syndrome?'

Reporter Gillian Findlay sits down with CBC News Network's Heather Hiscox. In the interview, they discuss research that suggests that the widely accepted shaken baby syndrome may actually be a physical impossibility. http://www.cbc.ca/fifth/2011-2012/diagnosismurder/news.html

If you are not in Canada and cannot tune in tonight, the video will be archived online for viewing around the world. And the link will be placed at this blog site.

Gillian Findlay hosts and reports for CBC Television's investigative program, the fifth estate, and she is the principal reporter tonight with video and interviews that have been researched and assembled for many months for tonight awaited feature. Here is her bio. Her colleagues are

Bob McKeown and Linden MacIntyre

 I AM CERTAIN THAT IT IS MERELY COINCIDENCE THAT THIS BROADCAST AIRS ON FRIDAY THE 13TH, ON ONE OF THE DARKEST STORIES OF OUR SOCIETY, WRONGLY ACCCUSED PARENTS AND CAREGIVERS. 

Diagnosis Murder

SCRIPT TAKEN DIRECTLY FROM THE CBC FIFTH ESTATE SITE.

"It's a scenario as horrifying as it is heartbreaking: a frustrated parent ... a baby that just won't stop crying ... and suddenly, what were tender, cradling arms become instruments of death. At least this is how Shaken Baby Syndrome has been characterized in countless court cases in recent years. But what are the scientific foundations of this diagnosis?

Gillian Findlay examines the conventional wisdom around Shaken Baby Syndrome, discovering that those who question it often feel targeted by those who believe passionately in it.  And yet new science suggests the so-called syndrome may be a physical impossibility.

"Diagnosis Murder" tells the story of several Canadian parents who say they were wrongfully accused--and the leading-edge medical researchers who believe they're telling the truth. The stakes are high: Some have gone to jail. All have had their other children taken away from them.

One couple recently had their children returned after a four-year battle. Even though the courts in B.C. cleared Zabeth and Paul Baynes of charges they had shaken their baby, the couple feel they will carry the stigma for life. Another man in Ontario has now had his case put up for judicial review, giving him hope that his name may too be cleared.

Is Shaken Baby Syndrome conclusive evidence of murder? Or is it a scientific hypothesis that has convicted an untold number of parents as killers -- when their children actually died from other causes?"

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?

THEY WILL BE HAPPY AGAIN - IT STARTS TODAY / 605

Josiah is six months old and he has been living with Zabeth and Paul for the past month.

His siblings, Kent, Baden and Bethany have been visiting the family home off and on for a few days and nights at a time as part of the reintegration programme agreed upon by the Baynes and the Ministry of Children and Family Development.

BUT, TODAY IS THE DAY!!! YES TODAY. 
BY NOON TODAY, THURSDAY AUG 25, 2011, the eldest three children will be received into the Bayne home and care. The Bayne Family will have their chance for a restart.

Zabeth and Paul were so excited last evening when we chatted. They wondered whether they would be able to sleep, and perhaps they haven't slept much but their pensive rest will have been filled with happy thoughts. The children too have been counting down the days. This is right and good.

It was close to four years ago when a quake rocked their world culminating in newborn Bethany being retained by the Ministry and the two older but still little boys being apprehended as well. It's old news now and I won't retell it this time. The Bayne path became rockier before it ever was evened out to this point.

Bethany cozy on the couch

This past Father's Day

Soon this happy little Josiah who was born early in 2011 will be joined by three other smiling children looking forward to their familiar places and possessions at 'home.' Soon the two boys will don their new school uniforms and be ready for first day at class in the school where they are now enrolled. Normalcy may come easier to the children than to Paul and Zabeth whose lives were child-empty for so long. I am sure that the children may ask about their foster mom and family. The Baynes will need to work through that. I am sure the daily demands of four children plus a business work schedule will require degrees of patience and stamina from Paul and Zabeth that are taxing. I expect that the accumulated tolerance and fortitude acquired through these past four years has equipped them fairly well. And they themselves are made of the right stuff.

Zabeth and Josiah

I believe that they will be a very happy and contented family.

On Saturday, family and friends in great numbers will join them in a grand party celebrating the occasion of this reunion and taking time to thank God whom the Baynes ultimately credit with this result.   

Celebrating BC Child and Youth in Care Week / 601

In its own promotion of this special week that was held this past May, the Ministry of Children and Family Development has written this comment.

“Notice, Listen, Respect. Stand with children and youth in care. These are powerful words, and they hold a personal meaning for thousands of children and youth in government care across British Columbia.
To help acknowledge and celebrate children and youth in government care and to help combat negative stereotypes and social stigmas, the B.C. government is proclaiming May 23-29, 2011 as the first-ever B.C. Child and Youth in Care Week.
It was a youth-driven idea to create the week - and it's a first for British Columbia. B.C. is the only province in Canada to celebrate a week for children and youth in government care.”

Let’s not be naïve or so self-congratulatory that we ignore the thousands of children who are in care but don’t want to be there. 

ALTRUISTIC WORK BY RAY FERRIS AND DOUG CHRISTIE / 595

Doug Christie

Ray Ferris

At last weekend’s conference entitled, EVIDENCE BASED MEDICINE AND SOCIAL INVESTIGATION, two of the speakers during the Saturday morning schedule, were Ray Ferris and Doug Christie. These have become friends of mine, casual, men whom I respect. Both of these men as many of you now know, have been instrumental in assisting the Baynes particularly through the course of the multi-months court hearing in 2010. Ray’s knowledge of the Child, Family and Community Services Act, and the operations of the Ministry of Children and Family Development child protection process was immensely helpful to the Baynes as well as to Mr. Christie. Mr. Christie’s courtroom experience, his logic and perceptivity as well as communication skill was crucial to the case outcome.

THE FRASER REGION AND CHILD PROTECTION

The Fraser Region has much for which to answer. This is the region with which I am familiar and within which my primary illustration of bad practice occurred. In every region government social workers pride themselves for taking this work seriously and they assume responsibility for children when they deem that a home environment is unsafe or harmful but sometimes, some of them are making mistakes in judgement and it is costing children and families and parents, something precious – time.

I MAY BE WRONG BUT I DOUBT IT / 588

I have written about the Baynes for two years. I will stop soon. I only recently wrote several posts about Derek Hoare and his daughter Ayn. I won't need to write for him because he has an army at work for him.

The Bayne case differs remarkably from that of Derek Hoare and daughter Ayn. Bethany Bayne was removed from parental custody when she was seven weeks old. She had been injured. Her two sibling brothers were removed at the same time. Because of Bethany's injuries the Bayne case launched amid solemn suspicion that one of the parents was a child abuser. That Ministry suspicion was generated and fueled by medical opinion. RCMP investigated but dismissed the matter. MCFD's suspicion was unrelenting. Derek's daughter, nine-year old Ayn is autistic and upon her removal the hospital examination reported no evidence of harm or abuse but rather good health. Her two sibling brothers have been permitted to remain with their father. Ayn was removed from her father’s care and custody when she wandered away from her home one day as many autistic children are prone to do.

TODAY JOSIAH IS BEING GIVEN BACK TO ZABETH AND PAUL / 587

Josiah in the Month of June

Recently Josiah had an overnight with Paul and Zabeth. The following afternoon I saw him sleeping against his mommy in a soft front baby carrier. He has grown. He has received good foster care for the past five months since he was born and since he was removed from his mom. Today he begins overnighting at Paul's and Zabeth's place forever - it's his place too. 

Since early July Paul and Zabeth have known that their children would be returned to them. In a cordial meeting attended by their lawyer Robert Hamilton, MCFD legal counsel Dean Tate and case worker Matthew Walker as well as new director Sheila Zeiner, they were informed of this news. Since the social worker requested that the Baynes should not make these details known prior to July 23, the date upon which the parents would be allowed to inform their children that they are scheduled to come home, I complied with that request.

I WILL BELIEVE IT WHEN I SEE IT / 584

We have celebrated the news that Paul and Zabeth will have their children returned to them in August, beginning with the Aug. 2nd homecoming of Josiah, the five month old boy who was removed from Zabeth four hours after he was born in February of this year. Then on August 25th the arrival of Kent, Baden and Bethany will represent the restoration of family life. That is what the case worker has promised Paul and Zabeth. He gave permission to the Baynes to inform their own children about this event and that was done last week. That was when we could cooperatively go public with this news. However, .................. forget the however, first of all ................

THE COSTS OF THE BAYNE CASE / 583

The following article is written by Ray Ferris, retired social worker and author of 'The Art of Child Protection' and decided critic of the way the Ministry of Children and Family Development handled the case of Paul and Zabeth Bayne and their children for the past four years. Here he tells us what the estimated costs have been.

How can one even begin to measure the costs of the Bayne case? Do we count the number of hot, salty tears shed by the anguished parents, or those shed by the terrified children when they were dragged from that birthday party? Do we count how many aching heartbeats there were over the years? Do we count the emotional damage to the children caused by spending vital years in constant turmoil and uncertainty? Can we put a price on the horror felt by the many of the supporters at each fresh cruelty and indignity? Doug Christie was one person who paid a high price. It was not just the time he gave, when he could have been doing paid work, because that to him is a minor matter. No, it was the emotional toll it took when he could see the injustice unfolding and the suffering of the family. He was getting to the point where he couldn’t take it any more. All these costs will resonate with the readers of the Ron Unruh blog, but I doubt whether they will cause the least little bit of bother to the likes of director McNeill, his sidekick, John Fitzsimmons, or Loren Humeny, the social worker who tried to ban breast milk for a newborn infant. Was Judge Thomas Crabtree even able to get his head out of process and precedent for long enough to take a serious look at the human cost? He turned a blind eye to the guidelines of the act and anything else that did not fit into his concept of cold blooded justice.

THE IMPORTANCE OF FAMILY / 572

Wendy Gailey Atkins web photo

Then occasionally people like Paul and Zabeth Bayne and Derek Hoare come along to wrest our attention. Something has happened to their families that has interrupted their family routine and happiness. Oh but much worse than that, this occurrence has introduced a horror and an unrelenting panic against which they are virtually powerless.  

READ THIS, READ THIS - ZABETH HAS GOOD NEWS / 557

Zabeth Bayne communicated her good news to me yesterday afternoon and last evening she also told Kari Simpson and Terry O’Neill and their radio audience the elevating update. People that know, love and support the Baynes have waited for the kind of indicator that we heard. It certainly was the best news that I have heard since I began writing about the Bayne case two years ago.

Kari Simpson and Terry O'Neill are blunt critics of the practices of the Ministry of Children and Family Development which Kari and Terry dub the Ministry of Destruction!

Last night the primary story was the interview with Derek Hoare, the committed father of three children, one of whom, his nine year old autistic daughter was removed by the MCFD fourteen days ago. I told his story here on Saturday June25th with the piece entitled ‘Derek Hoare and his Daughter Ayn.’

It was a dramatic juxtaposition of one heart-wrenching Ministry related family experience and the other family’s heartening news.

THIS PAST WEEKEND / 524

Paul and Zabeth were able to visit Josiah post surgery on Friday. He developed a hernia and this was corrected. Foster mom was with the baby before and immediately after the procedure. This protocol was a requirement of the hospital. The Baynes arrived at 12:00 PM and were permitted to remain with their son until 3:15 PM. Then they were informed it was time to leave.

Their time with Josiah was a delight for them because he was wide awake. They could feed their son some sugar water and hold him and comfort him. They used the opportunity to pray for him. You must appreciate that this is important to the Baynes.

HAPPY MOTHER’S DAY ZABETH

Mommy and Bethany this year

HAPPY MOTHER’S DAY ZABETH

It’s a bit early but that’s OK. I do trust that Saturday is a joyous day with three of your children, Kent, Baden and Bethany. I know that you miss holding little Josiah, recuperating from his recent surgery. You will see him soon again.

Newborn Josiah and Mommy

For the moment I want to focus on some reasons why we who know you salute you. In time your children will learn the strength of your character as well. They will thrive under its protection and will learn from its example.

What they will come to see more clearly such things as your love of learning, your creativity, your bravery and vitality, your kindness and love, your social responsibility and mercy, your appreciation of beauty and excellence, your gratitude and certainly your spirituality. They will naturally appreciate your music artistry which you have taken so long to perfect into piano performance brilliance.

Parenting Capacity Assessment (PCA) / 507

His Honour rejected the SBS theory but in making his ruling he also spurned the natural judgement to return the children to their parents. Many of you have felt that this conclusion defied logic, because he ruled to continue the government care of all three children without supportive evidence. He had just thrown it out.

Okay, so make the best of it. It is ostensibly three more months of care. Zabeth and Paul must show themselves clean, concerned, cooperative, capable and they have three months in which to do that and this is precisely the type of case for which the Ministry requests a Parenting Capacity Assessment (PCA). PCA's are medico-legal reports and most PCA’s do not end up in court, but result in a plan of action agreed upon by both parties yet nevertheless they are prepared with the expectation that they may be examined in a court of law.

Yes it's Official! It is Three Months. Temporary Care Ends June 2, 2011 / 503

Written on behalf of the Bayne Family and looking forward to the day of their reunion.

Yes we have known for a couple of weeks now.

The word is official that the temporary custody order that Judge Crabtree granted to the Ministry of Children with regard to Kent, Baden and Bethany Bayne, an order which began therefore on March 2, 2011, the day the judge's ruling was released, will come to an end on June 2, 2011. That's right, three (3) months of further care for the children outside the Bayne home. The date has been quietly changed. What happens next?