Showing posts with label reform. Show all posts
Showing posts with label reform. Show all posts

Friday, February 14, 2014

RECKLESS CHILD PROTECTION – IN UK AND CANADA by Ray Ferris

Ray Ferris is a frequent commentator and occasional post writer here. Ray is the author of 'The Art of Child Protection'. 

UNFIT FOR PURPOSE

In Britain child protection legislation is national, but the execution of the work is delegated to local authorities, such as cities and towns, or county councils. Local authorities set up child welfare services, but are subject to accountability to the national government. The U.K. gets its fair share of child protection horror stories, but there does seem to be a difference about how they are handled. Also it is much more possible to have an efficient service in one municipality and a terrible one in the next.

Following the death in two different municipalities of children, in which the social workers repeatedly ignored compelling evidence, a judicial inquiry took place. The Haringey authority and another one were declared to be “unfit for purpose.” That has a nice ring to it and would apply here in B.C., specially with regard to Ayn Van Dyk’s case don’t you think?

Sunday, December 5, 2010

DESTROY OR REFORM/ Part 389 / For Love and For Justice / Zabeth and Paul Bayne

If you can't shut down MCFD then reform it. What do you think about that?

While VOCA (Voices of Children Alliance) derives from concerns over child protection in Ontario, we have already learned that the concerns there are identical to those in all provinces, including British Columbia.

This link takes you to a fascinating page on the VOCA site that is highly supportive to families where the MCFD has intercepted normal family life and removed children for a variety of reasons. It begins with the assertion that the Child Protection system that operates in B.C. needs to be abolished. Then, given the reality that the political will is unprepared to destroy CPS, a second alternative is to introduce reforms to policy and to the legal system. There is even a section that speaks about harmful reform suggestions, a few of which some of you may have recommended.

Following an insightful preliminary paragraph, a content table is provided and then each of the titles on that index is opened up with well developed thoughts. It is worth a read.

For instance you find in the opener entitled “Reform for Children's Aid,” the following statements.
“The only real remedy for the abuses of the child protection system is its abolition. No one should have the power to take children from their parents by force of arms, and the upkeep of children should not be paid with appropriated funds. Once the child protection behemoth is dead, private charity can easily handle the small load of orphaned children, as it responded to the much larger number of homeless children a century ago before the creation of the welfare state.”

“Since the political will to eliminate the child protection system is nowhere near to realization, we have here a list of lesser reforms that may alleviate the hardships in the current system, and lead toward more comprehensive reforms. This list includes all known suggestions for reform, most politically impractical, some that are useless, and a few that might aggravate the current problems. The suggestions are more to stimulate discussion than legislation. Do not waste effort mailing the list to your MPP. The suggestions are organized into policy reforms, reforms to the legal system, and dubious reforms that may do more harm than good.”

Saturday, May 29, 2010

CHANGED MY MIND / Part 204 / For Love and For Justice / Zabeth and Paul Bayne/

I was going to offer some practical ways to reform B.C.'s Child Welfare System. What an arrogant cockeyed notion that was. I don't know what I was thinking. Despite some of the good guys trying to do something good here and there, the system is so broken, practical ways are futile.

I painted this scene once in acrylic and it didn't work, so I conceived it again in oil, and well, it works.

For the past fifteen years people more informed than me have been offering systems corrections but when the concept itself is flawed – well give it up. Oh no, this outfit needs to be re-conceived. Did you hear me. This province needs an entirely new concept.

On this blog I have appreciated the challenge of delving into the B.C. MCFD policies, practices, structure and leadership yet it is not my first priority and besides it's disillusioning. What prompted me to become involved is well known by now. It was one family's struggle to be restored as a family. The more I learned about Paul and Zabeth Bayne's specific case, the more concerned I became that they were not the only B.C. residents whose lives have been consumed to regain status as a family not to mention to restore stability, happiness and peace.

I have openly acknowledged the benefits of social workers who deliver services that truly protect children and resource families. But the overriding concern that owns me is the potential for wrongful accusation of abuse and neglect on hotlines to the MCFD. Anyone can make a confidential if not anonymous phone call to report the suspicion of neglect or abuse. In fact it is the law in B.C. that a person must place such a phone call when there is a suspicion of either abuse or neglect. The gravity of the suspicion is not the caller's concern. That is the social worker's job. By law, social workers must then investigate the family that is reported.

While it may not seem likely that someone would do this, the potential exists for someone to fabricate a story that results in investigation and at the worst might result in charges being laid mistakenly. There is a greater likelihood that some neighbour will misread apparent indicators in an innocent family and begin an avalanche of trouble for a family. The Baynes were victimized by a phone call with what I assume was authentic concern but was soaked with inauthentic foundation. Regular family medical exams and reports validate that. Those children were never pale or thin because they were unfed, neglected or unloved. Those children were living with the challenges of all premature children and they were healthy as far as their doctors were concerned - doctors who were actually trained to make those judgments. Did the local MCFD SW care enough to get it straight, to actually record evidence. Evidence, not suspicion. Evidence, not hearsay. Without a balance between evidence and reported suspicion, written lines later on are incriminating.

A report of a suspicion or a concern is not the equivalent of probable cause but it is treated that way by social workers until they have proven to themselves that there is no factual basis for the suspicion. I would like to see a statical percentage for the number of children who are removed by MCFD workers without probable cause of abuse. I was astounded to read in one U.S. study that 60% of the removed children were taken without probable cause. Further, 50% of the call ins were found unsubstantiated. It appears to be a system that is without the due process of law in the sense that innocent families can feel as though they are being harassed. Is that the way it is in British Columbia?

Social workers usually want to enter the family home to observe and to interrogate caregivers/ parents and children if possible. To allow this to happen always exposes the family to risk. Parents need to become alert to ways to protect themselves from fishing expeditions by social workers. This is why I believe child welfare laws need to be reformed. Legislation, while protecting children should also protect families. Social workers should be compelled to abide by the same regulations that guide law enforcement officers. As long as social workers continue to operate with the level of power granted by the ACT then the privacy and parental rights of all BC'rs will be jeopardized.

So what would your new Concept include?
I'm going back to my easel.

Painting image "Pacific Coastal Lake" is copyright of Ron Unruh and not to be downloaded without permission

Thursday, April 22, 2010

OPEN LETTER TO BRUCE MCNEILL / Part 174

April 22, 2010

Mr. Bruce McNeill, Director of Practice, MCFD Fraser Region

Mr. McNeill,
I respectfully submit an appeal to you today on behalf of Paul and Zabeth Bayne and their three children.

You are fully informed that Paul and Zabeth Bayne are presently involved in the hearing before Judge Tom Crabtree in which Mr. Finn Jensen, the Ministry of Children and Family Development counsel is seeking to obtain for you a Continuing Care Order for all three children. Mr. Jensen has nearly completed the Ministry’s presentation and now you and the Baynes are waiting for available court dates when the hearing will conclude with the Baynes’ lawyer, Mr. Doug Christie’s presentation of witness testimonies, evidence and conclude the hearing.

Most certainly Judge Crabtree understands this case. He understands that your team has held all three Bayne children in care for almost the entirety of two years and six months. He recognizes that the Ministry’s case is built upon a commitment to a disputed medical diagnosis of non accidental shaking induced injury to the youngest of the three children and that no evidence exists of injury or potential risk to the two older siblings. He is aware that no criminal charges proceeded to the Court with respect to the injuries of the youngest child. He appreciates that you have chosen to disregard your own counsel’s recommendation to return the two older children to the Baynes – a recommendation that Mr. Jensen conveyed to you because in his opinion there is no evidence to keep them and that he cannot win a case to retain them. These are reasons why even before the hearing proper has concluded; his Honour permitted Mr. Christie on behalf of the Baynes to submit to him their application for a variance of the original Interim Order of Dec 14, 2007 which placed the three children in Ministry care. The Baynes have asked the Judge for the return of the boys to their custody.

On April 29th 2010, Mr. Jensen will have opportunity in Court to express the Ministry’s objection to this application.

I knew Paul and Zabeth Bayne nine years ago when they were active in the church that I pastored. I enjoyed the privilege of officiating their wedding ceremony. I know them as deeply committed people of faith, hard working individuals, highly principled and enjoying a good reputation with hundreds of people. Their conscientious efforts to recover their family are understandable as is the significant support from friends and acquaintances who advocate for them. I myself have written daily blog posts to tell their story. This letter is posted today and copied to others.

I acknowledge your position and role within the Fraser Regional MCFD and your oversight of this highly publicized case. My sincere appeal to you today is to instruct your lawyer Mr. Jensen, to convey to Judge Crabtree on Thursday, April 29th, 2010 that the Ministry will not object to the immediate return of the two Bayne boys to Zabeth and Paul Bayne.

Sincerely,
Dr. Ron Unruh

On April 27, Mr. McNeill responded to me..
Dear Mr. Unruh
Thank you for your e-mail note.
Due to privacy concerns and the fact that this matter is before the Court it would be inappropriate for me to comment on this matter, but I do appreciate your interest and your concern for this family.
Yours truly, Bruce McNeill, Executive Director of Practice, Fraser Region

Wednesday, February 24, 2010

For Love and For Justice / Part 120 / Zabeth and Paul Bayne

Here is a USA website, the content of which becomes a challenging read. It is entitled and subtitled in this way. ‘NATIONAL COALITION FOR CHILD PROTECTION REFORM, Working To Help America's Vulnerable Children By Changing Public Policy Concerning Child Abuse, Foster Care, And Family Preservation.'

NCCPR advocates for systemic reform. The membership of this coalition is comprised of professionals who have been involved in or with the child welfare system within the United States. This coalition provides them with a forum for affecting positive changes to policies that concern child abuse, foster care and family preservation. They are most concerned to make the system better for vulnerable children.

Besides the website rich with article and document resources, NCCPR also operates a blog called ‘NCCPR Child Welfare Blog (News and commentary from the National Coalition for Child Protection Reform concerning child abuse, child welfare, foster care, and family preservation.)'

In its rationale for child advocacy NCCPR states, “But we don’t see getting the word out or “raising awareness” as an end in itself. Rather, our goal is reducing the number of children needlessly torn from everyone loving and familiar. In addition to sparing children from the harm that comes from being consigned to America’s chaotic system of foster care, keeping those children out of the system also gives child welfare agencies more time to find children in real danger.”

The careful research and the boldly accurate writing has earned the contributors high respect among journalists and reform-minded child welfare professionals. Among the comments about this advocate group are the following.
“A voice of reason …[that] can find fault with an agency without sounding like [they’re] denouncing the Third Reich.” --Tom Lyons, Columnist, Sarasota (Florida) Herald-Tribune

“You are a tremendous force and asset to children across the country and I have nothing but the utmost respect for your work. I think you have made a tremendous difference in people's lives through your media advocacy work. … Now more than ever the services of NCCPR are needed to keep the heat on. You helped reporters like me stay focused, to not be swayed by the state bureaucratic and political machines and to remember what child welfare and child protection is really supposed to be about - helping children and preserving families - which, sadly often gets lost in the rhetoric of the day …” --Colin Poitras, former reporter, Hartford Courant

“A remarkable advocate for child welfare reform [with] an impact all over the country.” --Benjamin Wolf, Director, Children and Institutionalized Persons Project, American Civil Liberties Union of Illinois (counsel for plaintiffs, Illinois class-action child welfare suit)

“NCCPR has been a key support for the child welfare reforms in Maine. … The strong voice of NCCPR gives voice to ideas that challenge the status quo. The children of Maine need that voice. … The work that [NCCPR] has done with the media in Maine has helped them understand the complexity of the child welfare system and has helped them to understand that the reforms are in the best interest of children and the people of Maine.” --James Beougher, Director, Office of Child and Family Services, Maine Department of Health and Human Services