Showing posts with label child abuse. Show all posts
Showing posts with label child abuse. Show all posts

Sunday, August 23, 2015

WALKER'S SCATHING INDICTMENT - Part 6 of 6 - Continued … More findings

This is my synopsized prose version of Justice Walker's 140-page judgement presented in several segments that reveal the substance of Walker's overview of evidence that demanded his verdict against the Ministry of Children's Child Protection. No stated opinion or fact appears here that does not also appear in the Justice Walker's ruling (legal document). It is public information
The Ministry failed to carry out its obligations to protect the children from harm and to act in their best interests, yet the fault cannot be attributed to a single Ministry employee.  Rather, many opportunities arose for the Director to conduct a proper assessment and investigation of the reports of sexual abuse. She frequently received evidence and other information and different employees were at fault at different stages for various reasons. What is compellingly obvious is that the Director and her agents formed their opinions prematurely, before the children were interviewed, and so concluded that J.P. fabricated her report information and there really was not merit to her allegations of sexual abuse by the children's father.
Most startling is the fact that until the 64th day of the First Trial, the Director maintained this view that the allegations were groundless and that J.P. was unfit to parent. Then the Director changed her mind. Nevertheless, the Director supported B.G.’s claim for custody of the children and to the detriment of the children, unreasonably preserved that plan until March 29, 2012.
Justice Walker did determine that B.G. sexually abused P.G., the youngest child, at the time that the Director allowed him unsupervised access. The Director has exhibited lack of regard for directions from this court as well as for her obligation to present candid, full disclosure to the Court during the Apprehension Proceeding. The Province is responsible in law to pay for any damages suffered as a result, and is liable for special costs of the first trial.

When finally the children were returned to their mother, the Director thwarted the plaintiffs’ request for funds from another branch of the provincial government that provides compensation to victims of criminal acts. The plaintiffs proved this.

Thursday, March 13, 2014

EVIDENCE BASED MEDICINE AND SOCIAL INVESTIGATION CONFERENCE AUG 22-23, 2014









Readers, please note below that if your family has been affected by one of issues cited within this document, your registration fee of $250 CA is waved but you need to register. Keep reading. Professionals, I urge you to gain the quality information offered at this Conference. I have attended each of the past three conferences. It is well worth your time and participation.

Conference 2014

by EBMSI

Evidence Based Medicine and Social Investigation Conference

August 22-23,  2014, Vancouver, British Columbia

We are pleased to announce our fourth annual E.B.M.S.I. conference, designed for both families falsely accused of child abuse and professionals and paraprofessionals who work with child abuse cases. The faculty includes physicians and attorneys, expert witnesses and advocates, and social service professionals. These experts come ready to work with and learn from each other and the attendees.

The conference curriculum covers the fundamentals of evidence-based medicine and its role in improving how investigators and decision makers handle suspected abuse cases. The goal is to help child protection services truly meet the needs of children and their families and to help the legal system handle these difficult cases more justly.
Topics include:
  • The evolving child abuse medical literature 
  • Medical mimics of abuse 
  • Defending against abuse allegations in both family and criminal court 
  • The standards and guidelines for child protection investigations and process 
  • The challenges of creating a bureaucracy to handle family matters
The faculty includes:
  • Physicians from a variety of specialties: Neurosurgery, Pediatrics, Forensic pathology, Neuroradiology 
  • Biomechanics experts
  • Veteran defense attorneys
  • Social services professionals
  • Parents who have survived the system
  • Please see the faculty 2014 page for more information about individual presentations.
  • Professional registration fee is $250 Canadian.
  • Registration fees for families affected by these issues are waved however we still need you to register.
  • For the registration form, please go to the registration page.
  • For more information about the conference site, please see the Venue page.
  • For information about watching the conference on line, please see the Live Broadcast page.

Friday, September 20, 2013

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."

Tuesday, September 11, 2012

AUGUST 2,3,4 Evidence Based Medicine and Social Investigation Conference


Evidence Based Medicine and Social Investigation Conference

2013 will mark the third year for this conference. I have attended both of the last two and I am hoping to take in the next one as well. The information that I share now is intended to interest you in this opportunity and to explore the Conference website and possibly to register for it. You should bookmark the Conference url and schedule the dates into your personal calendar.

August 2,3,4 2013 http://evidencebasedmedicineandsocialinvestigation.org/

The third annual E.B.M.S.I. conference is designed for both families falsely accused of child abuse and the professionals and paraprofessionals who work with child abuse cases. The faculty includes physicians and attorneys, expert witnesses and advocates and social service professionals. These experts come ready to work with and learn from each other and the attendees.

The conference curriculum covers the fundamentals of evidence-based medicine and its role in improving how investigators and decision makers handle suspected abuse cases. The goal is to help child protection services truly meet the needs of children and their families.



A service to increase accessibility was offered in 2012 and will be repeated and that is an online broadcast of Conference speakers. You will register and then be given a code so you can listen online if in-person attendance is impossible for you.

The venue once again will be Pacific Life Bible College located at 
15030 – 66 A Avenue
, Surrey, BC V3S 2A5
 CANADA.

It is a convenient venue with adequate facilities for this conference and with some residence facility. The College is located on a 42-acre campus in Surrey, B.C. about 30 minutes from Vancouver, B.C., and 15 minutes from the Canada/U.S. border (Peace Arch Border Crossing). It offers a peaceful, wholesome, suburban setting that’s conducive to study; yet Canada’s third largest city, is readily accessible.

Some resources available presently by sending your request to ebmandsiconference@gmail.com are:

1. The book entitled, Shaken Baby Syndrome or Vaccine Enduced Encephalitis – Are Parents Being Falsely Accused? Written by Dr. Harold Buttram, M.D. and Christina England, Research Journalist. $20.00
2. DVD Recordings of the EBMSI Conference 2012 which includes all Faculty presentations and their relevant powerpoint presentations. $100
3. All recordings of the EBMSI Conference including Faculty presentations, on a stick $20

Topics include:

▪ The evolving child abuse medical literature
▪ Medical mimics of abuse
▪ Defending against abuse allegations in both family and criminal court
▪ The standards and guidelines for child protection investigations and process
▪ The challenges of creating a bureaucracy to handle family matters

The faculty includes:

▪ Physicians from a variety of subspecialties
  • Forensic Pathology 
  • Pediatrics 
  • Neuroradiology 
  • Biomechanical Experts 
▪ Veteran Defense Attorneys
▪ Social Services Professionals
▪ Parents who have survived the system

Wednesday, April 25, 2012

THIS WAS COURT DAY


THE STORY OF AYN VAN DYK
As told by her father Derek Hoare
Part Ten of Fifteen
THIS WAS COURT DAY
October 18-19, 2011
Oct 18
Arg!!! having a hard time getting myself to remember to sit down and write these on time... I'm bad. I will set an alarm in my phone to remind me; 11:30 pm.

So this was court day, much anticipated though I was working off the assumption that it was pointless... an accurate assumption it turns out. I kept Lyric home today with the faint hope that there could be a move to return. But my understanding was that if I refused to consent to their request to a 90 day temporary custody that a case conference would be ordered to see if the two sides could come together avoiding a distant and lengthy trial.

I arrived and saw no-one there I knew... Amie hadn't arrived yet, my lawyer was nowhere in sight, nor Amie's... nobody. After entering the courthouse two group members arrived and we headed into the courtroom. I saw Amie's lawyer and MCFD's lawyer as well as the SW... Still no sign of my lawyer. The hearing lasted about 10 seconds.... I did get to speak my first "word" ever in court... "Ya", when asked if it was me who was present. Surreal first word and over many months in!

Tuesday, February 21, 2012

CHILD PROTECTION IN B.C.- PROBLEM ANALYSIS

We realize don’t we that there is no uncomplicated quick-fix solution to improving the child protection system. If there were, then why haven’t well-intentioned reforms of the past been wholly successful? Scores of recommendations have been generated by respected judges and their colleagues with which the Ministry of Children has largely complied in recent years.

Too often social workers are either criticized for breaking up families or for missing a case of abuse. However, the system in which they work is constructed around predicting a parent’s ability to look after their child, which is never certain.

Saturday, February 18, 2012

OUR CHILD PROTECTIVE SERVICES MUST BE OVERHAULED

Random Child shot-photo John Millar
Most children who do come to the attention of child welfare or child protective services, do so because of one or more of the following issues categorized as child abuse, child sexual abuse, neglect, physical abuse, and psychological abuse. When Ayn Van Dyk was taken from her father Derek’s home since he was the custodial and primary caregiver/parent there was no suggestion of either sexual, physical or psychological abuse. Neglect includes failure to take adequate measures to safeguard a child from harm and/or gross negligence in providing for a child’s basic needs. Cause for removing Ayn had to fall in the area of neglect. The Ministry presented a list of reasons commensurate with a neglect allegation but unproven and it doesn’t have to be proven in our system. The parent does not get his day in court to disprove the allegation(s) unless he has resisted all mediation attempts by the Ministry in which case he is deemed uncooperative and that further damages his case. The mediation attempts, the meetings, the consultations, the timing for all of it is contingent upon the will and whims of the Ministry, so a child’s life and mind and family is interrupted for instance, for going on eight months for Ayn and Derek and he mom Amie and her two brothers.

Thursday, June 30, 2011

CHILD WELFARE IN CANADA, IN ABBOTSFORD & THE CURRENT AYN VAN DYK CASE / 558

Child welfare in Canada contains both government and private services which are designed to protect children and to encourage family stability. The primary objective of the services provided is to safeguard children from both abuse and neglect. Services termed ‘child protection services’ investigate allegations of both abuse and neglect. They may also supervise foster care and adoption services. It was not unfair of me to place the protective concentration first, and now to tell you that in addition child welfare offers services that seek to stabilize and develop families. All of Canada’s provinces and territories have child welfare agencies accessible 24 hours daily and networked together these are called the Canadian Child Welfare System.

But I will tell you about a little girl in a moment or so who did not need Child Welfare messing with her life.

Tuesday, January 11, 2011

Does it need Reform you Ask? / Part 415 / For Love and For Justice / Zabeth and Paul Bayne

I know that I rarely write about positive achievements of the child protection sector of the Ministry of Children and Family Development. Of course there are children that are secured from neglect and abuse. Sadly some parents are immature, reckless, substance addicted, or maladjusted and they are not properly caring for their children. MCFD steps in. Surely it is understandable if I do not mention these cases. That is after all what MCFD is mandated to do. When it is well done it doesn't need applause here. MCFD congratulates itself enough. Look at its web pages. This blog has focused upon that which is not working effectively in MCFD because that is what requires attention. That's what needs to be fixed so that is where I concentrate. Do I hit it right? I make no claim to thorough journalistic research. I am a listener. A host of similar stories inform me that MCFD is in trouble.

Much abuse goes unnoticed yet we are spending millions of dollars to keep children safe. Each year Ministry workers falsely accuse some parents and none of the money stems that transgression. Poverty is frequently and unjustifably equated with neglect, yet as one late night commenter stated yesterday, poor families do not equate to a higher incidence of child protection. The stories of how families are treated once they have come within the sweep of MCFD's radar are never happy. Some of the innocent families that have been victimized have hit the public news channels and front pages but not enough, because there are so many others.

A shift occurred in the 1960's when child abuse and neglect which were once treated as crimes began to be viewed as a treatable illness for which therapists, doctors and social workers were prepared to provide advice and to order help and resources. In conjunction with this diagnostic shift,  cases of abuse and neglect were no longer prosecuted but rather sent to family court which orders treatment. What I believe is forfeited is fairness and timeliness. So many of you readers have already told me that. Criminals are fully informed of their rights. They have an attorney to represent them even when they cannot afford one. The same is not true for accused parents. They do not get a jury of peers. They do not have the opportunity to face and to cross-examine their accusers. They do not even receive the right to insist that any evidence that is employed against them should meet the highest of standards. And we have underscored before the absence of presumption of innocence and the insistence of guilt being beyond all reasonable doubt? Or, what about not being subjected to cruel and unusual punishment, because that is precisely what some clinical dispassionate MCFD operations look like. There is no protection for parents accused of maltreatment of a child. Oh, but here is the disparity. If the Baynes had been formally criminally charged and tried, they would have been afforded all sorts of protections and provisions. Oh, so that imbalance and disparity is not MCFD's responsibility? No, but MCFD certainly works it.
This Blog has been advocating the return of three children to their biological parents, Paul and Zabeth Bayne, for which a ruling is expected from Judge Crabtree within the next eight days. Stay posted.

Monday, November 22, 2010

A SOCIAL WORKER'S CHALLENGE / Part 375 / For Love and For Justice / Zabeth and Paul Bayne

Identifying abuse and assessing risk is a complex process. Seldom can social workers establish child abuse based upon a single call-in or information item. Serious injuries to a child do arouse suspicion yet the injuries may be the result of accident or illness. Further even when injuries are non accidental, the offender may not be clearly identifiable. Typically social workers must assemble a picture of the family as well as an account of the incident by fitting together conversations and information from many sources such as relatives, friends and neighbours and professionals. The information with which they deal possesses variable degrees of reliability but social workers must act and make judgements concerning the safety of children in a case. Moreover they must act quickly.

Michael Taylor, leather mask


There is a need for haste if danger is real and also because the governing act has time constraints. So social workers form rapid opinions about parents and often upon limited evidence. It would be reasonable and wise therefore that such opinions would be considered provisional and open to revision. There should always be a willingness to consider many sources of new information that may challenge the initial opinions. In this difficult area of child protection work, social workers are fallible. They cannot make the 'right' decision in any absolute sense. Judgements and decisions can only be deemed the 'best' based on the available evidence. As the case progresses and new information and ideas are received, judgements have to be reviewed and sometimes changed. Social workers therefore often have to recognize, that although their former views were reasonable at the time they were made, they were nonetheless, wrong. They were mistaken. One might even safely say that mistakes are an inevitable part of practice and a preparedness to recognize them as mistakes is an essential element of good practice.

The tension created for social workers is constantly reflected on this blog because on one hand we, the public, want to insure the protection of children against parental abuse and on the other hand we want to champion the family as the citadel of democratic freedom with which no one, including governments should interfere.

Therefore, it is imperative that initial information be checked thoroughly for accuracy of reliability since child abuse is so emotive and reports can be exaggerated or false. Certainly the social workers must make rapid judgements about the character of people, parents and informants but all these should be checked and rechecked for a thorough investigation. Properly following investigative procedure can result in further details that revise the initial case assessment and there must be a willingness to change the opinion. Further, a social worker may find that given some reflective time away from the child and the parents, and in collaboration with others such as a supervisor, the facts produce a different picture of the case.

I have listened to the divergent opinions of a Ministry lawyer and a parent/defendant lawyer, one arguing that the investigation was thorough and all pieces of the puzzle fit together to portray the truth that one or both parents injured an infant, and the other counselor arguing that the investigation was a cursory, inferior narrative to substantiate a medical report and placement of blame to which the social workers had committed themselves early, and that the truth lies in their innocence and in a mistaken diagnosis and blame assessment. I accept the latter position and I am confident so will Judge Thomas Crabtree.

Friday, November 19, 2010

IMPOSSIBLE TO PLEASE US / Part 372 / For Love and For Justice / Zabeth and Paul Bayne

Child Protection workers and administrators would like us all to understand what an almost impossible task they have. Well, impossible in the sense of making all citizens happy with the results of their work. They will tell us that a perfect balance is unachievable between not protecting children from abusive parents and not making unfounded accusations against innocent parents. Stated differently and more positively, it is difficult both to protect children and to correctly assess risk by parents. To which I and others will quickly declare, “Then become more proficient at the latter in a hurry.” What kind of nonsense is that anyway. CPS or MCFD should not even have the authority to do the one if they do not possess the skills to do the other upon which the first must be based. How stupid is this logic? “We can't always be right about whether there is a legitimate risk with these parents but we must protect the children at any cost so we are removing them anyway.” It is irresponsible for a government to condone and to empower an agency to be this frivolous with the lives of its citizens and with their human rights. We are not Hasbro, Nintendo or Mattel games to be played.

'Sunset Under Clouds' panorama of Vancouver BC by Thom Quine
When they are deciding whether a child should be removed from parental care, child protection workers and court judges must have a panoramic scope of inquiry. They must be able to see retrospectively as well as prospectively and I am concerned that we are not witnessing this kind of comprehensive welfare expertise. As in the case of the Baynes, the Ministry of Children would determine the future care of children based upon an uncertain historical understanding of whether the parents are truly guilty of harming one of their children or whether their conduct with their children  for these past three years  proves that they could never harm any of their children in the future. The thinking seems to be that the truth doesn't really matter when the safest possible social action is to remove the children from the parents about whom the Ministry is apprehensive.

There has been what I suppose is a predictable tendency that has occurred over several decades. In the past it may have been that many cases of parental abuse or neglect were overlooked or ignored or possibly unrecognized. Society and children were poorer for this unfortunate neglect. In recent years substantial modifications have occurred in social attitudes, knowledge, legislation, and policies regarding child abuse and neglect. Then health-care professionals, police, the courts and child welfare professionals began better to understand and to respond to child abuse and neglect. With increased numbers of intakes, almost inevitably it became known that misdiagnoses of parental abuse or neglect had occurred. There were relatively few such cases perhaps but nonetheless, each unfounded allegation had profound adverse effects on parents and children. It is simply not acceptable to conclude, well, that can't be helped. It's the cost of being safe.

Quite possibly a case like the Bayne case will prompt yet another independent inquiry into Child Protection in British Columbia and yield recommendations which can protect children while also perfecting trustworthy risk assessments and which can develop a new paradigm of child protection and workers who bump up the compassion quotient and reduce the antagonism.

Wednesday, November 10, 2010

COMPARATIVES BETWEEN RCMP & MCFD / Part 363 / For Love and For Justice / Zabeth and Paul Bayne

Let's Compare the investigative practices of MCFD and RCMP

None of this affords me pleasure. I have all of my life held our governments and their agencies and law enforcement in high esteem. I have had little reason to question their integrity and uprightness. This past year because of my introduction to the injustice suffered by one family I have been exposed to the scores of other stories close to home and I have grown apprehensive and dismayed. My research suggests that child protection has lost its way in every province and if that was not startling enough in every civilized society. What is equably written here in this blog is blasted out with vehement rhetoric in newspapers, magazines, online websites and blogs all over the world. I have developed a unpleasant case of cynicism over these months. I am unsure whether it is a treatable condition. For the short term, I know I will have relief when the Baynes get their children back. But what about the thousands of other children who must stay in care away from the parents with whom they desire to live and who love them.

RCMP Coat of Arms

Similarities between MCFD operations and the deficiencies in RCMP investigations

A pattern of deficiencies in RCMP investigative processes have been uncovered in recent well publicized cases and we recognize some parallels in the way MCFD is processing child protection cases. These are deficiencies have been mentioned:

a. A preset mentality that someone is guilty - MCFD is similarly inclined to form an attitude that the parent(s) is guilty of some kind of abuse or neglect and so does all in their power to produce evidence however insubstantial.
b. Ignoring available evidence or actual evidence that contradicts the preset - Similarly MCFD predictably filters acquired evidence in order to promote that evidence which supports its view of the situation and it has failed to interview available and potential witnesses who would not support the preset mindset.
c. Pressing forward with the prosecution process by laying charges anyway – Similarly MCFD in the Family Court will continue their prosecution or persecution of parents involved to deny them justice and convince the Court of the charges they have against the family. I have witnessed this myself.

Factors in MCFD investigations of families:

a) MCFD says that it takes a forensic approach. This is acceptable provided that a balanced and thorough investigation is conducted in response to allegations, but often allegations have little substance.
b) Typically MCFD looks only for that which is wrong or deficient in a family scenario and places the parenting in the worst possible light ignoring all their admirable points.
c) Often investigators accept the views of those who support allegations while ignoring the advocacy of those who support the family.
d) Interviewing children who are considered at risk often is inferior, while parents may not be interviewed at all prior to the removal of children.
e) Many notifications of concern about children and false allegations against parents are found by MCFD investigation to require no further action.
f) Nevertheless, many investigations are pursued with a purpose to find something significantly wrong in order to justify the previous over-reactive removal of a child or to justify a subsequent removal.
g) The agenda may involve a vindictive attitude against a parent or social engineering bent designed to put the children with more suitable caregivers, (as with the removal of aboriginal children in BC and other provinces).
h) If the initial allegation of abuse proves empty, MCFD will stretch other matters in order to come up with other problematic suggestions like neglect or lack of control.
This is inevitable and healthy

Saturday, September 18, 2010

WHEN CHILD PROTECTION IS WARRANTED / Part 313 / For Love and For Justice / Zabeth and Paul Bayne/

It's the 18th. Then three more days until the last court day of the Bayne case.

A 6 year old boy has been injured many times before. The most recent occasion on September 8th was severe enough that he went to neighbours asking for help. They did the right thing, notified police and child and family services. The boy had a cut on his chin and a broken arm. Further examination has shown numerous other old injuries sustained by this boy, fractures to his ribs, both arms, a foot and the skull. There is speculation that he was beaten with a mop or broom handle. He ran away from home three times in August.

He finally told authorities what was happening to him at home. CFS has since removed the boy from the couple’s care, as well as his 18-month-old half-sister, who did not have any physical injuries. The girl is the daughter of the boy's 24 year old mother and her 32 year old common-law husband. The couple was arrested September 14th. She faces charges of assault causing bodily harm, two counts of aggravated assault, assault with a weapon and assault for earlier incidents between December 2009 and Sept. 8. He is charged with aggravated assault, uttering threats, assault with a weapon, assault and a probation breach for the same period. Each also faces a charge of failing to provide the necessities of life for allegedly not getting the boy medical help.

Now that is why we need both of these agencies, police and child protection in our communities. So as much as we want to and should complain about the abuses resident within systems that have such sweeping powers, let's be real and acknowledge that not all moms and dads or caregivers are responsible or trustworthy.
I don't want to see this mother on my blog site complaining about child services taking her children. Ever!
Video and News Links:
CBC video news report:
Winnipeg Free Press article
Sept 18 Free Press Update

Monday, August 23, 2010

SOCIETY BENEFITS FROM A STABLE FAMILY / Part 289 / For Love and For Justice / Zabeth and Paul Bayne/

Any Family
Life begins at home and wisdom should begin there too. Home and family is where so much time is spent and so much personal interaction occurs. The home is the primary and most vital factor in a child's development into a mature and stable member of society. The family is the basic building block or unit of society, thus the stability of the community depends on the stability of the families that comprise it. In most families the nurturing is genuine and healthy. Sadly in other families, parents have few parental resources or have personal troubles that disable them for parental responsibility.

The parents have been what the child has not yet been – both young and old. Parents should have accrued wisdom from situations that the child has not yet experienced. So it is the parents' responsibility to create an environment in which they can pass wisdom on for the child to readily learn life lessons. It is the parents' responsibility to treat the child with dignity and respect. It is the child's responsibility to honour parents and to listen and to obey and to learn. A child who learns these home life lessons becomes enrichingly wise for a life that can be genuine, wholesome, prosperous. This is the foundation of good family and community relationships.

Given my faith background you will understand why I consider it to be significant that the fifth of ten fundamental commandments given by God to a society of people is this one. Exodus 20:12 "Honor your father and your mother, so that you may live long in the land the LORD your God is giving you."
Parents are also given direction in Ephesians 6:4 “Fathers, do not exasperate your children; instead, bring them up in the training and instruction of the Lord.”

Society benefits from a stable family unit. A person's response to government derives from the parent-child relationship. The lessons and principles learned from honoring, respecting, and obeying parents will result in a society stable enough to promote development of the whole person. That's why forced removal of a child should be employed by social services as the last resort for child neglect or even child abuse, and seldom or never used to enforce any other parental compliance to regulations.

Tuesday, July 20, 2010

WADDIFS AND HOWELLS / Part 253 / For Love and For Justice / Zabeth and Paul Bayne/

I believe that there are social workers who have been connected with the Bayne case who have at times wondered whether they might have handled aspects of this case differently than they did. At the start their office was given a call from the child protection unit of the Children's Hospital. There was an infant girl whose injuries were severe and it was suspected that they were caused by shaking – not may have been caused by shaking but were unmistakably caused by shaking. The social workers responded as they should by going to investigate and then by making a speedy decision to protect the child from the risk of further injury. It was customary to also remove two siblings under the age of five because if one was at risk from one or the other of the two parents, the two other children might also be in jeopardy.

Yet that was only the beginning. There followed mediation meetings when progress seemed negligible because parents would not admit to harming their child and no questioning or coercion could extract that admission. The RCMP dismissed the adequacy of evidence sufficient to proceed with a charge of assault or abuse. The social workers committed themselves to gaining that admission and without that admission no kind of plan or help was forthcoming. Social workers and parents became adversaries. Altruistic spirit, compassion, concern for what the parents were experiencing did not occur at the time. The parents were, or at least one of them was viewed by MCFD as perpetrators responsible for injuring a child. Certainly MCFD had come under fire in recent reviews because ministry responses had come too late to save some children from harm that proved fatal. It is understandable that the Director did not want to repeat such a debacle in his region.

Yet as these months and now years have passed by, as media coverage from time to time has dramatized the claims of the parents that their infant was misdiagnosed and they have been placed falsely under suspicion as abusers, there has been increasing reason for many hundreds of people to believe that this is a miscarriage of justice. The Ministry however was committed initially to the medical diagnosis by a doctor from Children's Hospital and has staunchly maintained that position which means that the Baynes can never deliver themselves from the blacklist of parents who do not deserve their parents. There is a great deal of evidence now that the Ministry has made every effort to cast the parents in the worst possible light by the reports that describe them. That's the way it appears to some of us who observe from outside the system.

I think however that there are social workers who have been second guessing their involvement in this family story. They have followed the directives of their Director in the interpretation of observations and reports and writing of affidavits. I believe there are social workers who wonder even now What If (Waddif) we had done things differently, and How Will (Howell) we make this right? I think consciences are working overtime with regret.

Oh of course there are myriad waddifs and howells now.
Waddif the children are awarded to Paul and Zabeth and they must be returned immediately?
Howell the Director and our lawyer respond?
Waddif the Judge castigates the way MCFD handled our case with the Baynes and mentions specific people by name?<
Howell my peers, friends and family respond to this?
Waddif the censure by the Judge is so pronounced that a recommendation for overhauling the Fraser Region of MCFD is made as part of the ruling?
Howell this affect my job?
Waddif the law permits the Baynes to sue the Ministry and sue individuals into oblivion?
Howell I defend myself and how will I come out of this?

Thursday, June 17, 2010

WHAT COULD BE MORE IMPORTANT? / Part 223 / For Love and For Justice / Zabeth and Paul Bayne/

We are not unanimous but we are talking. An interesting exchange has captured the interest of hundreds of readers each day. What occasionally confuses our comment exchange is occasional misreading or reading too much into someone else's comments. What clouds the exchange is misrepresentation and exaggeration when making a case. Sweeping generalities don't convince me but rather cause me to be skeptical of the comment and the writer. Some of the same content when written with conviction and plausible argument compels me to listen more keenly. I am going to synthesize some of the sentiments and objections or queries that are being expressed in the comments of each daily blog post.

We are agreed on the paramount value and importance of the family. When a child's welfare, health and protection is threatened in relationship with the biological parent(s), then family is not to be considered more important than the child(ren). Such is the horrible dilemma faced by social workers on many occasions. In some situations removing a child may decidedly be the most compassionate and responsible course of action. Social workers attest that child removal is and should be a last resort. Many people whose families have been disrupted by protective child removal are convinced that it was expedient rather than last resort.

We are agreed that child neglect or abuse must be ended, punished and prevented. We are mostly agreed that the security, safety and care of children is paramount. Nothing can be more important than that. Nevertheless there are some writers who consider child removal barbaric in any case. We are not agreed about what constitutes a viable ground for removing a child and disrupting a family. Suspicion works. Not all of us are content with the latitude that suspicion affords MCFD. Suspicion however is enough to get the protection wheels rolling. Suspicion must be investigated and settled swiftly. Suspicion is not the equivalent of evidence. However, intense suspicion requires evidence so a concerted effort is then made by MCFD to uncover anything that may reinforce a care order.

Some allege that justification for child removal frequently consists of manufactured negative evidence. Some allege MCFD engages in surveillance and some SWers deny this. Some writers stick to their theory that child protection agencies everywhere have been taken over by people bent on personal gain in terms of power, profit or reputation and some go so far as to say the entire system is geared to corruption of which monetary gain both institutional and personal is the driving force. While some valid points can be made in that regard these accusations are usually unsubstantiated.

Removed children must be housed somewhere, so a system of foster care homes provide for usually safe and loving environments for short and extended periods. Most of us but not all believe that many foster parents are dedicated good caregivers. A few should never have been trusted with someone else's children. Most of us find fault with a system that does not require the registering and licensing of all foster parents. Most of us believe that care by kin and extended family is a preferable option and should be practiced far more than it is. Some writers citing an actual case or two then make sweeping statements that all fostering further leads to ruined lives of crime and addiction and homelessness. Countering that are contributors who know that many foster children have escaped an awful childhood and young adulthood by being removed from beastly biological parental homes.

Most of us believe that social work is an honourable vocation and one which requires the highest of character qualities. We also believe that most social workers seek to serve people effectively and to deal wisely. Many of us believe that carte blanche criticism of social workers is unwarranted. We also believe there are social workers who faced with day to day pressures and verbal abuse, lose sight of ideals and their work suffers. A good number of people allege there are social workers who are mean spirited and should not be engaged by MCFD.

MCFD follows the law – yes it does! Sometimes in following, the result is right and sometimes in following that same law, it turns out so wrong.

Some writers supply web links to resources and information which is helpful in considering contesting opinions or making up one's mind. Some writer's call for report information yet seem in later responses not to be taking personal time to go to sites to find the data.

There is much more but ….................... How does reform come when we are not on the same page? Better question, how do we move the legislators to the same page?
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