Showing posts with label return. Show all posts
Showing posts with label return. Show all posts

Monday, January 19, 2015

WHETHER TO REMOVE OR TO RETURN

Parents frequently find it so difficult; it is almost impossible to recover custody of their children, once the child is removed. The emphasis of the cases changes from whether the child should have been removed, to should the child be returned. Now the parent must demonstrate entire cooperation with CPS, good behaviour, complete control of emotion and attitude and the tongue, and fitness to be reunited with the child. The need for the CPS agency to demonstrate the need for out-of-home placement evaporates. The burden of proof shifts from CPS to the parents by virtue of who has physical control of the child. It is a procedural spectacle. Once a child is removed it is very difficult for lawyers to get a child returned to parents whether the removal was appropriate or it wasn't. Children who are removed, are likely to remain in government care for a long time, perhaps years.

Sunday, May 25, 2014

THE COUNTDOWN HAS BEGUN

 Nine days until the TCO comes to its conclusion, that is, the end of the temporary care order applying to Ayn Van Dyk, daughter of Amie Van Dyk and Derek Hoare. Expectation is high that twelve-year-old Ayn will be returned to one of the parents, likely Amie. If that outcome is realized, one extended family will be ecstatic with a range of emotions, and a phalanx of supporters on several continents will be thrilled.

In that case I wonder what Hon. Stephanie Cadieux will think about the Ministry of Children and Family Development of which she is the Minister in charge. An individual case is customarily not a priority for a Minister but Ayn’s case will have come to her attention. It’s a unique case. It’s a distasteful case.

It’s true that Ayn’s case did not transpire during Hon. Cadieux’s watch and she came into office late in this girl’s saga but if she has apprised herself at all about the details, she will know how this story is perceived by responsible readers of facts. Ayn was taken for an apparent reason, that Derek, the sole caregiver at the time, could not manage the parental responsibility of this disruptive and unpredictable autistic child. I described it as an apparent reason, because conscientious fact-finding would have assured a diligent investigator that Derek, if not perfect, was an effective and loving parent. He was also caring for two of Ayn’s siblings, older brothers, one of whom is also autistic. That’s right. Ayn is autistic. Sizeable commitment to be sure, but Derek viewed Ayn’s behaviour as entirely predictable and her disruptions when they occurred were manageable through his conversational persuasion. He was the Ayn Whisperer.

She was at home and happy, and she was also curious, understandably so, because she was autistic, and as an autistic child sometimes does, or, any child does, she scaled the backyard fence one afternoon and explored her neighbourhood. She didn’t venture far. The RCMP found her at a nearby neighbour’s yard. Derek felt he had no option but to call for help when he couldn’t locate her. But of course, RCMP must make reports, and the Ms. Cadieux’s Ministry was called in, before it was Ms. Cadieux’s ministry, and the administrator and social workers expected Derek to voluntarily sign a release form to let them take Ayn from him. Even if this appropriation was temporary, he was opposed to it, vehemently to say the least. So MCFD affected a surreptitious seizure of the child while she was at school. This was in June of 2011.

You read that date correctly. Even if Ayn was taken so she could be examined medically, socially and psychologically, even Hon. Cadieux will have to admit that three years is an excessive examination period and I would add, an unwarranted length of time to keep the child from her family and in the care of strangers who become simulated family. It doesn’t matter how positive the foster parenting has been, the conduct of the Ministry in this case is reprehensible, inexcusable. If Hon Stephanie Cadieux wants to make a significant mark on this Ministry during the brief time she holds this portfolio, because Ministers get switched around with frequency, I recommend that she delve with determination into the reasons why there are numerous cases of children being removed and then withheld from responsible parents and grandparents for extended times, and then meet that inquiry with suitable procedures to return children speedily. Perhaps she can expedite an unraveling of the mystery of red tape so that twelve-year-old girls do not miss three years of their lives with those who love them most.

Derek and Amie do not live together. Their marriage dissolved years ago, but with mutual respect Amie supported Derek’s single parenting of all three children. There is much that I do not know, but I am assuming Amie will be thrilled to see her daughter released from government care, even if she is returned to Derek. If the judge, on the recommendation of MCFD, rules that Ayn be returned to Amie, and Amie is able and willing, as I believe she is, that may be a wise step as this young woman enters her teen years. I trust that Derek will acknowledge the wisdom of such a move. Furthermore, I trust as well that both parents will find ways of allowing these children to see each other frequently. The countdown of days has begun again.

Thursday, January 17, 2013

MOM AMIE'S ACCOUNT OF DAY VISIT WITH AYN


Taken Yesterday, Ayn in her mom Amie's home.

After one and one half years, Ayn Van Dyk, 10 year old daughter of Amie Van Dyk and Derek Hoare was permitted to have a day with her mom in her mom’s home. This is a significant advance and perhaps, a step in the road to return which has already been intimated to Derek and Amie by the Ministry of Children and Family Development. That day occurred yesterday, Wednesday, January 16, 2013. Amie wrote about her delight on The Facebook Page dedicatedto Ayn’s return to the care of her father. Her father has been the primary caregiver ever since Amie and Derek split up some years ago. Amie respects Derek’s care of Ayn and is in full agreement that his home is where Ayn needs to be. 

Saturday, December 3, 2011

A PROPER ASSESSMENT OF DEREK'S PARENTING

Identifying neglect or negligence and assessing risk is a multifaceted procedure. Seldom can social workers establish negligence in the care of a child based upon a single incident or event. Incidents with respect to an autistic child should be deemed an even greater challenge to assessing whether a parent is providing adequate care.

Proper procedure assumes that social workers will assemble a picture of the family as the context for understanding a specific incident. That picture will require conversations and information from numerous sources such as relatives, friends and neighbours and professionals. Always such information will anticipate variable degrees of reliability and yet social workers are expected to make judgements and then to act concerning the welfare of children in these cases. Sometimes they must act quickly.

Tuesday, August 2, 2011

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.

Tuesday, January 18, 2011

Enough Talk / Part 423 / For Love and For Justice / Zabeth and Paul Bayne

We are down to the last two days before Judge Crabtree rules. I am tired of words, my own included. Six hours every Saturday, three children visit mommy and daddy in the family home. That's the way it must be forever, every day, no exception, no interruption. These photos prove it.

Bethany and Mommy and the Lesson

This is a great book

Just horsing around

Daddy got invited to a tea party

I drew this. Can you tell me what it is?

Baden lounging on his bed

Kissy Time

Time to take the tree down but what a great Christmas we had.
We know the word tomorrow.