Judge Crabtree Citation on Court Database / 516

The Judge Thomas Crabtree Citation in the case of Director MCFD versus the Baynes as published on the Provincial Court Database

DR. BOWDEN AND WHAT PEOPLE SAY / 515

Unidentified mom and child

Parenting Capacity Assessment (PCA) PCA’s are conducted for the purpose of identifying the functional parenting ability of a potential caregiver or active caregiver. PCA’s also identify parenting limitations and possible remediation that may assist an individual in acquiring the skills necessary for effective parenting. PCA’s are usually conducted under Court Order or in respect to child welfare concerns.

You already know that Paul and Zabeth Bayne are engaged with Dr. Conrad Bowden in a Parental Capacity Assessment. I wrote a small bit about this earlier and have been impressed with material produced by Dr. Bowden. Candidly I wonder how the Baynes will find this experience to be.

NOW AND TWENTY YEARS FROM NOW / 514

In 2031 AD. Bethany Bayne will celebrate her twenty-fourth birthday. Possibly she may have been married that summer just before her birthday. She will be a tall slender fair-complexioned young woman with flaxen hair that has darkened with maturity. She will have accomplished so much already in her life. She will have graduated recently from university and she will be a talented pianist. She will have a full and wonderful life to which she looks forward. Bethany will remember her youth and childhood as wonderful and happy years within the love of her family with a mom and dad who have cherished her. The first few years of her life will be a distant blip about which she recalls only what she learned from the stories she heard.  

THE GROWING CHILDREN / 513

Grown up dressed up Bethany

The time has not flown by but it has passed. So much time. Bethany is showing that she, like her mom, will be a tall girl. She is into her fourth year of life now. Doesn't she look pretty? Yes she is fortunate to have had caring foster parents.

PROJECT PARENT - THE BAYNES LAST CHANCE / 512

Project Parent logo/ Family Services

Paul and Zabeth Bayne indicated some weeks ago their agreement to participate in Project Parent. This is an integral facet of the parental betterment and assessment being done by the Ministry of Children and Family Development on these parents. Project Parent is an intensive eight month program for parents of young children. The Ministry will often refer to Project Parent, a family that it considers “at risk.' The Baynes will certainly be one of these.

MEDIATION RATHER THAN COURT / 511

Theoretically, whenever it is possible, the Ministry of Children and Family Development is expected to work with parents or caregiver/guardians rather than to take a case to court. Negotiation is the essential equipment by which MCFD is mandated to settle with parents a plan of care that is in the best interests of the children. Parents need to capitalize upon negotiation of an agreement or a ministry plan and themselves thereby avoid court. In fact, depending upon the circumstances of the case, when parents work with the Ministry, the Ministry has at times kept the child(ren) in the parent's home or at least in the home of other family members or close friends.

The End of Compassion and the Triumph of Adversarialism / 510

The Federation Press

This is Good Friday, so named because of what transpired as Jesus, the Son of God expired on a Roman instrument for capital punishment. Western Christians term it "good" whereas Eastern Orthodox Christians refer to this sacred day as "Great and Holy Friday."

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A ministry culture that does not grasp the vital interplay between ethics and power, which mistakes policy and court orders for good practice, which misidentifies management techniques for wisdom, and which fails to keep in mind that the measure of a social service ministry is its compassion, condemns itself to social vilification and to judicial inquiry if not full redesign.

DOUG HUGHES - NEW DIRECTOR OF CHILD WELFARE / 509

On March 31, 2011 Mary McNeil, the new Minister of Children and Family Development re-established the position of provincial director of child welfare by announcing the appointment of Doug Hughes as the new Provincial Director of Child Welfare. She did this in order to provide greater accountability across the province and improve child protection practice.

In so doing she has effectively reversed the decision of former children's minister Mary Polak and her ex-deputy Lesley du Toit, who abolished the position in 2008.  Doug Hughes, currently an assistant deputy minister with the ministry’s Interior region, holds a master’s degree in social work from the University of Calgary.

Judge M.B. Hicks Decision regarding Josiah's Custody / 508

Picture: Michael Brown, Dreamstime.com

Bayne legal counsels have received official notification of the April 18, 2011 Decision of the Honourable Judge M.B. Hicks concerning the custody and care of Josiah Bayne, the fourth child born to Zabeth and Paul Bayne.

Cutting to the chase, Judge Hicks' decision, made in light of Judge Thomas Crabtree's decision that Josiah's three siblings require protection, is that Josiah needs protection. In a nine page document using 33 points, Judge Hicks wrote his reasons for his judgement and these are precisely what you would expect given the circumstances that spin from the earlier March 2, 2011 Crabtree ruling.

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.

LOSS OF TRUST & NEED TO RESTORE IT / 506

You might say that trust is like a piece of paper. Once it is crumpled, it can't be perfect again. You can flatten the paper and try to make it as straight as possible but it will never be perfect again.

The child protection segment of the Ministry of Children and Family Development in British Columbia has lost the trust of many readers and respondents on this blog site and around this province.

I acknowledge that my experience is limited to the scores of stories that I have heard since I began writing this blog. In so many personal instances, MCFD has failed to protect children, and failed to preserve families, and failed to be honourable, failed to show compassion, failed to be large-hearted.

Fresh Medical Concern / 505

medical alert sign

Today's previous blog post's good news is tempered by a new issue. Case worker Matthew Walker called to inform the Baynes that their baby's doctor believes Josiah may have developed a hernia. If so, surgery could be required. Paul and Zabeth are worried and ask for prayer once again. They will be permitted to attend doctor's appointments related to this. Josiah is now two months and five days old.

Week's End Status Report / 504

A call from Case Worker Matthew Walker this week informed Zabeth and Paul that not only will the Saturday six hour visits with the children be in the Bayne home, as ordered by the court in 2010, but also the Baynes now have been given the option of having Wednesday three hour visits in their home as well rather than in the community. Furthermore, yesterday, Mr. Walker told the Baynes that if and when they opt for their Wednesday visits to be held in their home, then Josiah may be included rather than having his access visit at a different time that day as it has been. There is more good news.

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?

4 VIDEO CLIPS OF THE BAYNE INTERVIEW / 502

The following four video installments derive from the same Mar 13, 2011 in-studio interview  of Paul and Zabeth Bayne done on Road Kill Radio with journalists Kari Simpson and Terry O'Neill. Main stream media seldom provide such opportunities. The show and its hosts have done much more. On the right side of their opening web page is a button 'Help Paul and Zabeth Bayne'. Tip of my hat to you Kari and Terry.

Video Part 1 of 4  12:53 Minutes

At the time of the interview Paul and Zabeth were still under the impression that the order was for six months, that case management was still in the hands of the Hope Team of SWs, and they were still fresh from the impact of Judge Crabtree's ruling. ( These require an investment of time to watch and placed here for your convenience of access)

JUDGE CRABTREE'S RULING ONLINE / 501

Thanks to a commenter who informed me that Judge Crabtree's March 2nd ruling on the Bayne Case has been posted online at the Provincial Court database website. It notes the change from 6 mo. to 3 mo of care for the three children.

CHRISTIE'S FINAL SUBMISSION installment 10 How do the Baynes Strike You? THE END / 500 !!!!!

This is GPS Blog Post #500 

The tenth and last installment in the series of ten quoted sections from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was delivered on behalf of Paul and Zabeth Bayne on November 4, 2010. This is a public document.
Today it is.... Concluding statements …. and with this the submission ends. Here he states that "All the judge has to decide is whether there is clear and compelling evidence that a CCO is demanded. If he cannot find clear and compelling evidence, the default judgement is “return to parents.” Readers, no compelling evidence was found, and were the children returned? NO!

CHRISTIE'S FINAL SUBMISSION installment 9 Sergent, Gardiner and Alexander / 499

On Friday we published points 21-26 from the transcript of Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was delivered on behalf of Paul and Zabeth Bayne on November 4, 2010. This is a public document. This is the ninth installment in a brief series of quotations.

Today in Christie's own words, here are... Submissions and Analysis, points 26-29 continued ….

UPDATE ON JOSIAH'S CONDITION / 498

Josiah has been discharged from hospital on Saturday.
On Friday evening Zabeth and Paul were permitted to see Josiah in hospital from 5:00 – 7:00 PM.

ALERT: JOSIAH IS SICK AND IN HOSPITAL / 497

Zabeth and Paul are asking praying people to pray for their little Josiah.

CHRISTIE'S FINAL SUBMISSION installment 8of10 Profiles of Paul and Zabeth / 496

Paul and Zabeth Bayne spent 2010 in court trying to prevent MCFD from taking forever, their three children who were removed on October 22, 2007. The judge did not return their children to them but let MCFD keep the children for 6 more months. Doug Christie is their legal counsel.

Yesterday you read points 18-20 from the transcript of Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation delivered on Nov 4, 2010. This is the eighth installment of quotations from this public document. Submissions and Analysis, points 21-26 in Christie's own words…. "Mr. Jensen tries to facilitate and to be conciliatory."

CHRISTIE'S FINAL SUBMISSION installment 7of10 Berhe, Humeny, Glen / 495

New to this? Paul and Zabeth Bayne's 3 children have been in court ordered foster care since Oct 22, 2007. On March 2, 2011 a judge ruled ongoing care for 6 more months (recently altered to 3 months).
Lawyer Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation was delivered on behalf of the Baynes on November 4, 2010. Yesterday you read points 15-17 and today in Christie's own words, it is.... Submissions and Analysis, points 18-20 beginning, "First the testimony of team leader Mr. Berhe Gulbot." This is the seventh installment in a brief series of quotations from this public document. 

CHRISTIE'S FINAL SUBMISSION installment 6of 10 Contesting Jensen's Summary / 494

If you are new to this, Paul's and Zabeth's 3 children have been in court ordered foster care since Oct 22, 2007. After a 2010 court case, they were told on Mar 2, 2011 it would be another 6 months of care (now corrected to three [3] months.)

Yesterday we published points 11-14 from the transcript of Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. This is a public document, delivered on behalf of Paul and Zabeth Bayne on November 4, 2010. This is the sixth installment in a brief series of quotations.

Yesterday I quoted Mr. Christie's Submissions and Analysis points 11-14. Today it is....
Submissions and Analysis,  ….points 15-17 beginning, "Mr. Jensen claims that the director’s medical witnesses are part of an unbiased team...This argument does not hold water."

CHRISTIE'S FINAL SUBMISSION installment 5of10 Speaking to Jensen's Summation / 493

Paul and Zabeth Bayne were in court in 2010 defending against the Director of Family and Child Services application for a CCO, ongoing care of the Baynes' three children. This is the fifth installment in a brief series of quotations from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was presented November 4, 2010 to the Court (Judge Crabtree) on behalf of Paul and Zabeth Bayne. This is a public document. No ban was placed on court presented material.

Yesterday I quoted Mr. Christie's Submissions and Analysis points 8-10. Today it is....pts 11-14  beginning, "From the start of their experience with the Hope staff, the Baynes experienced aggressive behaviour."

ENCOURAGING NEWS

First, GOOD NEWS! Judge Crabtree's ruling of March 2, 2011 granted to MCFD a TCO (temporary care order) which initially was timed for six (6) months. Ray Ferris noted that a TCO is for three (3) months according to the CFCSA (Child, Family and Community Services Act). Doug Christie was informed and drew this to Judge Crabtree's attention. I have confirmed that the TCO term has been corrected and it runs out on June 2, 2011.

Second, GREAT REPORT! Zabeth wrote: "Saturday's visitation was wonderful. We had a time change this week from 12:00 to 7:00 instead of the 10:00 am time and so we were able to spend two meals together. Josiah never left my arms for seven hours. I was able to get a sling for him and some of the time he rested against me even as I prepared the table and did some crafts with our children. For seven hours we were complete and utterly happy together. We carry that in our hearts until next time."

CHRISTIE'S FINAL SUBMISSION installment 4of10 Options for the Judge / 492

The case is Paul and Zabeth Bayne in opposition to the application by the Director of Family and Child Services with respect to the ongoing care of the Baynes' three children. This is the fourth installment in a brief series of quotations from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was presented November 4, 2010 to the Court (Judge Crabtree) on behalf of Paul and Zabeth Bayne. This is a public document. No ban was placed on court presented material. The judge considered this submission in coming to his final conclusion presented on March 2, 2011.

On Friday I quoted Christie's Submissions and Analysis points 5-7.  Today it is... points 8-10 discussing possible options for the judge's ruling.

REPORT OF THE HEARING RE: JOSIAH CUSTODY

Acknowledgement: Four individuals supplied me with accounts of Friday's court proceeding. Thank you.

Surrey Provincial Court Building Entrance

Preface: This was a hearing specific to Josiah Bayne, who is now several weeks old and who was removed from his parents' custody on the day of his birth February 10, 2011. His three siblings are the subject of a case that was decided on March 2, 2011 with an outcome that they remain in foster care for six months. The case files for all three Bayne children have been transferred from the Hope Team to the Guildford (Surrey) Team and Matthew Walker is now the primary caseworker with the Bayne family. On this day the court was to hear and make a ruling on MCFD's application for an Interim Custody Order for Josiah. Loren Humeny (Hope Office) has been the primary case worker for the past 3.5 years and he was present to give testimony. Paul Bayne whose failure to testify during the 2010 court case was noted by Judge Crabtree, did testify today, as did Zabeth. Doug Christie was present to represent the Bayne family.

CHRISTIE'S FINAL SUBMISSION installment 3of10 Evidence and Offender Profile / 491

The case is Paul and Zabeth Bayne in opposition to the application by the Director of Family and Child Services with respect to the ongoing care of the Baynes' three children. This is the third installment in a brief series of quotations from Doug Christie's final SUBMISSION IN RESPONSE to Finn Jensen's closing summation. It was presented November 4, 2010 to the Court (Judge Crabtree) on behalf of Paul and Zabeth Bayne. This is a public document. No ban was placed court presented material. The judge considered this submission in coming to his final conclusion presented on March 2, 2011.

Yesterday it was Submissions and Analysis points1-4, Today it is points 5-7 ….