IS EMERGENCY REMOVAL OF CHILDREN STANDARD PRACTICE?

reunion party photo

Over a six-year period, this Blog focused upon two cases in which so-called 'emergency removal' of children occurred. That is what propelled me to speak to the grievance, which I became aware was far more frequent than I wanted to believe or that is known by the public. These two consisted of first, a family of four children in which the surprise removal, or removal without notification occurred several times, and second, the case of a girl taken from her school. In the first case, the removal and custody battle lasted four years. In the latter case the girl spent three years in foster care, originating from an incident when she, an autistic child, wandered from her back yard and was missing for three hours.

from www.lukesarmy.com

In the first case, the initial concern was that the infant had been physically abused, shaken. Was seizure without notification necessary in either of these cases? Has it become standard practice? These children were eventually returned to parents. Yet here is a gripping observation. In both the instances, the children were found not to have been maltreated, neglected, abused. That is merely symptomatic of a system that uses emergency removal as the tool with which to deal with appropriate concerns that must be investigated.

ANOTHER UNWISE CHILD REMOVAL

The case to which I am making reference today is outside of Canada, outside of British Columbia and we might assume it is irrelevant to the focus upon Ayn Van Dyk, the subject of so many posts in this site for many months. It is not irrelevant.

There are numerous distinctions between the two cases but fundamentally, both cases contain an autistic child who wandered from home and hours later was discovered by police, and after reporting the incident to child protection authorities, case workers overreacted with the unnecessary outcome of distress and agony for parents and child due to separation for a prolonged time. 

IS MCFD'S CONDUCT OF THE AYN VAN DYK CASE TANTAMOUNT TO 'CHILD ABUSE'?

THE QUESTION APPLIES TO
WRONGFUL REMOVAL TOO

This is with respect to the case of Ayn Van Dyk, the 11 year old autistic girl who has been separated from her mom and dad by the MCFD for over two years in foster care, a case about which I have made numerous blog comments during that time.

A QUESTION WAS PUT TO ME TODAY: "Considering all that MCFD has done, and considering that all of us here - from a very wide variety of backgrounds, etc. - find the treatment of Ayn appalling, do either of you consider what has been done to Ayn "child abuse"? I know I do."

THE WAY I SEE AYN VAN DYK'S CASE

We are all waiting for her return, none more apprehensively than Amie Van Dyk and her ex husband Derek Hoare. They are the parents of Ayn Van Dyk, the twelve-year old autistic child who innocently meandered from her family back yard in 2011. Ayn was ten years old at that time. Even Ayn with imperfect cognitive capability would have reasoned to stay in her own back yard had she known that the consequence would be her removal from her family for over two years.

Amie and Derek have been informed some months ago that they can expect Ayn to be returned to them some time during the month of September 2013.

Ayn was ten years old when she scaled a fence that surrounded the back yard. She was not affecting a prison break. She was not violating a community standard. She was not disrupting anyone’s peace, although she did cost the taxpayer some money because of the urgently placed 911 call from her father summoning the help of RCMP who sent a helicopter into the Abbotsford skies to locate his child. Even Derek with his anxious parental response would have reasoned to summon friends instead of RCMP had he known that the outcome would be the agony of separation from his daughter for most of these past two years.

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.

EASTER SUNDAY & AYN IS STILL NOT HOME

WHEN AYN WAS TAKEN AWAY

By Derek Hoare

On June 12, 2011 at 1:00 PM the Abbotsford Police were called by family members of a missing 9-year-old girl. The girl, Ayn Van Dyk is autistic and is non-communicative was last seen playing outside of the family residence in the 1800 block of Mt. Lehman Road at 12:30 pm. Ayn was reported as being 4 foot 5 inches tall, weighing 80 pounds and with short blond hair and blue eyes. She was wearing a brown long-sleeved shirt with grey shorts and white shoes. Search and rescue teams consisting of police patrol, canine and air units were activated. She was found in three hours at a neighbour’s back yard. She was returned to her home, safe and sound. Four days later the family’s nightmare began. Derek, Ayn’s father, tells his side of the story below. He shared this on that day. This piece was written in summer of 2011. She remains in Ministry custody and living in a foster home today Easter Sunday 2013.

“My name is Derek I am a single father of three wonderful young children, aged 9, 10 and 11; my youngest two have both been diagnosed with severe autism. Though a constant and challenging struggle, I have done my best to protect and nurture them, as I love them so much and have dedicated my life to their achievement of happiness.

 

My youngest child is a bright and beautiful little spitfire named Ayn. She has and is blossoming so well here at home and has come so far to overcome her obvious disability, she does however continue to struggle and outburst when in other environments, particularly at school. Ayn is naive and unaware of the dangers that exist in the world at large, so when on Sunday she escaped the backyard we were very worried for her safety.

With each passing moment the likelihood that something terrible had happened increased, as Ayn should stand out from other children easily and should have been quickly spotted. Fortunately Ayn was discovered two doors down playing in a neighbours backyard, the neighbour had taken an afternoon nap which provided Ayn with the ability to play undisturbed.

The challenges I have faced in caring for my daughter have been encompassing and life altering, these challenges are very dynamic and new challenges arise as fast as the old one depart. Now with her discovery of the neighbours nearby trampoline and pool, she will undoubtedly seek to return there, vigilance will be required to face this new found challenge, but it is one which I must now face just as I have with each prior challenge and as I would have to with our future challenges as well.

As it stands today I may never get that opportunity. This morning two workers from CPS arrived at my home to request that I “voluntarily” give Ayn over to them (she was at school at the time); if I refused they would simply coercively remove her. There should be no illusions here when someone approaches you and says, “give me your child or I’m taking her,” you should not pretend that any such choice would be done “voluntarily”.

They do not argue that she was abused. They do not argue that she was un-nurtured. They simply say that as a single father I have an overwhelming amount of responsibility and workload, and that Ayn’s naivety renders her a danger to herself, and due to me having so much to deal with they should remove her in effect to lighten my workload.

It is not argued that Ayn was not thriving here. It was not argued that Ayn was failing to improve at home, but that her behaviour was self-endangering. My little girl is autistic, I am aware that she does not understand the dangers that lurk, I love her and I protect her. When Ayn has a tantrum at school it is me they either call on to calm her or to whom they send her home. When she is injured it is to me whom she turns because she “needs a bandage”. The greatest successes this little girl has had were nurtured in the home. She loves it here. She loves her brothers and she loves her Dad, please help me get my little girl back.
 I would be forever in your debt,
 Derek.”

MOMMIE'S LATEST REPORT ON HER VISITS WITH AYN

Amie Van Dyk, Ayn's mom sees her regularly now and her recent March 24th update is an encouraging one. Ayn is the ten year old girl who was taken from her father's care in June 2011 and still remains the custody and care of the Ministry of Children in B.C. She is a girl with autism. YOU WILL WANT TO HEAR WHAT HER MOM SAYS SO PLEASE READ ON.

AUTISM SPECTRUM DISORDERS

Autism Spectrum Disorders (ASDs)

Autism – A Succinct Description

Autism is a complex developmental disability that causes problems with social interaction and communication.  Symptoms usually start before age three and can cause delays or problems in many different skills that develop from infancy to adulthood.

Autism – A Spectrum Disorder

Different people with autism can have very different symptoms.  Health care providers think of autism as a “spectrum” disorder, a group of disorders with similar features.  One person may have mild symptoms, while another may have serious symptoms.  But they both have an autism spectrum disorder. The autism spectrum disorder includes (1) the autistic disorder known as autism, (2) Asperger Syndrome, and (3) Pervasive Developmental Disorder or atypical autism. Sometimes health

Providers are using the broader term, pervasive developmental disorder, to describe autism. In that case this category (PDD) includes the autism spectrum disorders as well as something called Childhood Disintegrative Disorder and Rett syndrome. In most material autism spectrum disorder and “autism” mean the same thing.

PARENTAL LIBERTY (Part One)

Dispute About Government and Parental Roles

simply an image of a dispaasionate agency leading a child away from family

History tells the story. Historically there has been a vigorous dispute about the relationship between government and the family and certainly with the function and responsibilities assigned to each. Contingent upon the political philosophy, either the family has been seen as servant to the state or the state has been expected to provide for families the required security to accomplish their work as primary caregivers to these citizens of the future.

Tension always exists between the state and its parts. Government institutions should be obliged to be careful to facilitate the function of the family without usurping its proper role. Of course federal and provincial governments have a role to play to ensure children are not threatened by poverty, neglect or abuse but the state must be careful not to trample on the independence of the family. Theoretically the government exists to aid and assist the smaller units rather than to take over their places in a society.

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.

A LOOK BACK AT AN INTERVIEW

On the day that his daughter was celebrating her tenth birthday, the ABBOTSFORD NEWS 1130 interviewed Derek Hoare and this is whatnews journalist Jess Johnston wrote on that day, December 14th, 2011. It is a good review of Derek’s present situation. Many of you know the details. Here is the account.

SINGLE FATHER FIGHTING TO GET AUTISTIC DAUGHTER BACK WANTS QUICK APPEAL PROCESS.

“Ten-year-old Ayn has autism and when she wandered away from home back in June, the Ministry of Children and Family Development stepped in. (Courtesy Facebook)

Derek Hoare is bringing a cake to his daughter's school this afternoon so she can celebrate her 10th birthday, but he won't give it to her in person.

Hoare hasn't seen his girl since she was taken by the province six months ago.

A PETITION - HELP BRING AYN VAN DYK HOME

A petition by advocates for a 10 year old girl's return to her family cannot affect that transfer of custody. It can however demonstrate the strength of public conviction that the apprehension and foster care of this child was ill advised and inappropriate. Within hours now the goal of 5000 signatures will have been reached. Almost 5000 people believe that Ayn, the ten-year old autistic daughter of Derek Hoare and Amie Van Dyk should not have been removed from parental care on the 16th of June 2011, and given that she was removed, she should have been returned to parental care much sooner than the six months, the 196 days that she has been in government care.

I am asking you to sign this petition. I want you to sign it. I am not the sponsor but merely a supporter of this child's return to normalcy. The petition as of this posting requires 48 more signatures to reach 5000.  Here is the link to the petition site, HELP BRING AYN VAN DYK HOME.

SOME THOUGHTS ON AUTISM

by Ray Ferris

In today’s post, my friend Ray Ferris offers a cautionary and common sense glance at Autism. You may concur with his observations or you may challenge an aspect of the piece. Leave a comment.

“Derek Hoare rightly reminded us the other day that there is no precise definition of autism. It is a description of a spectrum of symptoms, which may have a number of possible causes. Most of the suggested causes are speculative. In the field of autism, as with many other areas of psychology, there are numerous experts with special theories. There are numerous experts who have their own special theories about how to treat autism. So we find that we are in a subjective and speculative minefield, which can completely confuse the parents of a child who has been labelled autistic. Thus it is important to know what we can really rely on and what we cannot.

OHHH! DEREK MUST LONG TO HOLD AYN AGAIN

I am a grandfather of five, three boys and two girls. The oldest girl is eleven and her two brothers are nine and seven. Their cousins are a boy soon to be seven, and a girl who is four. The four year old comes to our home twice each week so her mom can go to work for those days. I hug each child when we see one another. They permit me to do that, and they seem to enjoy the caress of attentive love. That littlest one, four years old is at a rewarding stage for me. She loves to be cuddled. She curls on my lap and snuggles. We look into one another’s eyes and call each other outlandish funny names. We play eye spy with my little eye. We paint, we read, we watch cartoons. And she may sit for hours on the floor with a doll house and a castle of plastic and little synthetic people and carry on true to life conversations, until she says something out of character like, “just get on with it.” To which I have said, “Did you just say “Get on with it” and she has replied, “No she did,” her finger pointing to one of the little people.

Ayn at play

Derek must long to wrap his arms around his girl, to see her eyes, and the soft smile on her lips, to hear her laugh, to hear the sound of her voice.” He must miss the touch of her skin. The physical longing for his own daughter of the same substance as himself must at times be unbearable.

A RESPONSE FROM DOUG HUGHES

Doug Hughes, Dir Child Welfare

Here is a reply to one of my recent letters to government officials asking for consideration of the Ayn Van Dyk case. It comes from Doug Hughes, the Provincial Director of Child Welfare, and it is written as an official response on behalf of Premier Christy Clark and Minister of Children, Honourable Mary McNeil, though I wrote to each of them separately. So this response can be viewed as the shared perspective of the highest ranking bureaucrats that can relate to the ‘freedom’ of Ayn Van Dyk. If you are dropping in to the blog uninformed, then please know that Ayn is an autistic nine year old who was removed by MCFD following a 3-hour absence from her father’s care. She was playing in her back yard, climbed a fence when daddy wasn’t watching, found a neighbour’s back yard and played there. That was 5 ½ months ago, June 16^th to be precise.  

BEAUTIFUL GIRL

Today I am inserting a poem written by an advocate for Ayn Van Dyk. The author is Katrina Valentino and in this poem she addresses Ayn and she also speaks to child protection workers involved with Ayn's removal from her family and to the continuing custody by the government.  Katrina lives in Staten Island, NY, and this reflects the continental network of supporters that has embraced this 9 year old autistic girl's plight. This apprehension was not in her best interests. It was reckless. It was callous.

'Beautiful Girl'     by Katrina Valentino

DOES MCFD UNDERSTAND AUTISM?

A laughing Ayn before Removal and anti-psychotic drugs

After an hiatus of some months, I can't help myself. Ayn needs help. She doesn't understand what has happened. She didn't do anything that bad. Do you want to know more? I'll tell you in the days ahead.
 
SHE SHOULD BE IN HIS ARMS

Does the Ministry of Children and Family Development understand Autism?

Whatever informed expertise there is within MCFD, it has not been communicated to front line workers and their supervisors who are making unreasonable decisions about autistic children.

Taking a child away from an attendant and proficient father as MCFD have done with 9 year old Ayn was pointless, reactionary, excessive and injurious. The adjectives are entirely appropriate for this stupid social worker action.

Instead of the Ministry providing practical, actionable information and financial assistance and affirming support to parents like Derek Hoare, the Ministry disciplines with severity when an autistic child does what comes naturally – wanders. And the manner by which the Ministry manages that tendency consists of seizing the girl and pumping drugs into her. The enormity of this offense defies expression with words. For the first eighteen days of her captivity she has daily wept. A nine year old girl should not be subjected to that. That is not in her best interests. If she cried every day while in the care of her dad and the Ministry heard about that, it would assume abuse or neglect. The reading public of this blog and of other news sources that carry the story readily associate the Ministry’s actions as abuse of their mandate. Citizens should be able to assume that Ministry personnel are intelligent, copiously prepared and fully informed about autism before they interfere with parental care of autistic children who are loved and cherished within their families. We are regularly supplied with reasons for disbelieving that. Not least of which is this distasteful harm done to a sweet girl who must now cling to a photograph of her dad holding her in his arms.

She should be in his arms.

Hon. Mary McNeil and Hon. Christy Clark, you must give attention to this case certainly, but beyond this single case, to the conduct of this Ministry challenged with responsibility for which it appears at so many levels to be incapable of satisfying. You have to turn this around for the sake of the people who have elected you to serve and to help us.

Please contact Derek Hoare directly at
Derek Hoare iconoclast_ensues@yahoo.com 904-HELP AYN 904-435-7296

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."

JOSIAH IS HOME TOMORROW & PRIVACY - SOMETIMES YOU HAVE TO GIVE IT UP / 586

JOSIAH IS COMING HOME TO STAY TOMORROW!
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We have become large on privacy matters. Companies and corporations are bound now by privacy law which affects what information can be published with regard to employees, partners and clients. But we are a confused society. Our privacy is forfeited at every turn. We are all under surveillance whenever we walk beneath street cameras, swipe cards, surf the net. Increasingly sophisticated computer systems now track for companies and government what you are searching online whether you are at home or work. Surveillance was once a word associated only with law enforcement but is now an unavoidable aspect of life in our world.

Ask Paul and Zabeth Bayne and Derrek Hoare what life is like when you relinquish a private life.

THE COVER IS COMING OFF

This morning Derek Hoare, whose daughter Ayn was removed from school by the Ministry of Children and Family Development several weeks ago, wrote this paragraph on the Facebook page bearing the title, 'Help Bring Little Autistic Girl Back to Daddy."

Can everyone imagine for a moment that you personally lived in a world where as you went about your day, you knew that at any moment... be it at home, work in school... people could come and grab you and forcibly put you in a vehicle and drive you to a big building where you were isolated and confined with strangers forcing medications on you, trying to draw blood from you, ECG's, scales, poking and prodding. They would not tell you were your family was or your family where you were, you were trapped and drugged by the will of another, a stranger, someone who doesn't even know you. And if you get upset... well then they drug you more with powerful doses enough to inundate you with lethargy. That is now reality for my daughter she will live with that knowledge for years.... for years this will remain a possibility in her mind. Many do not believe that it is possible... she KNOWS it does.