CHILDREN IN NEED OF PROTECTION / Part 468 / For Love and For Justice / Zabeth and Paul Bayne

The future of this blog is being reassessed now. An announcement will be made later this week. Until then, the synopses of Judge Thomas Crabtree's recent ruling on the Bayne Case will be completed here.

Debriefing Judge Crabtree's REASONS FOR JUDGMENT March 2, 2011

My Third of Numerous Synopses (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements in the ruling.)

I continue with Judge Crabtree's evaluation of the question, “Are the Children in Need of Protection?” and this time his Analysis, beginning with The Evidence of Mrs. Bayne. This is a critical area in his ruling, since there are two parents and the infant's injuries occurred while the child was in their care, and Mrs. Bayne was the only parent who took the stand. Her testimony was covered in points 173-198 of the ruling, a significant investment of time and prose.

Judge Crabtree assessed Zabeth as intelligent, industrious, organized.

WILL BE BACK ONLINE MONDAY - HAVE A GOOD WEEKEND

Check out Tim Amey, from 895 The Hawk Radio wrote this... 
Hope Couple Not Getting Their Kids Yet, By Tim Amey Friday, March 04, 2011 12:00 PM

Couple 'heartbroken' judge rejects children's return after three years - THE PROVINCE

This is Glenda Luymes second article in as many days. Quoted in its entirety as it appears in the Online issue .
Many thanks to Glenda and her editor at The Province

Couple 'heartbroken' judge rejects children's return after three years
By Glenda Luymes, The Province March 4, 2011 4:05 AM

A Surrey couple fighting for custody of their four young children are "heartbroken" by a court ruling saying the kids must remain in foster care for another six months.

In a case that gained significant online attention, Paul and Zabeth Bayne sought to have their children returned to them after they were seized by social workers more than three years ago.


On Wednesday, Judge Thomas Crabtree found the children, three-year-old Bethany, five-year-old Baden and six-year-old Kent, in need of continued protection. A fourth child, baby Josiah, born just four weeks ago - also remains in foster care.

IS THERE NEED FOR PROTECTION? / Part 467 / For Love and For Justice / Zabeth and Paul Bayne

Debriefing Judge Crabtree's REASONS FOR JUDGMENT March 2, 2011
My second of Numerous Synopses

This was a thirty-nine page ruling. (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements for the ruling.)

Judge Crabtree expressed that the case was before his court because the Director applied pursuant to s.41 (1) (d) that the three children, Kent, Baden and baby Bethany, be placed in the continuing care of the Province. Judge Crabtree aptly stated that the primary issue to be determined in this case was how the baby Bethany at age approximately seven weeks, was injured. He cited the relevant legislation, that is the guiding principles of the Act (The Child, Family and Community Services Act), its section on the best Interests of the Child, its sections pertaining to the required orders to be made at protection hearings, and then the application of these sections specifically to the Bayne Case.    Judge Crabtree indicated that the baby suffered injuries ...

Surrey parents to wait another six months to regain custody of their four kids - THE PROVINCE article

Here is columnist Glenda Luymes' article in today's The Province. Read it here and reference it online.
(Quoted in its entirety.)

Paul and Zabeth Bayne and kids Kent, Baden and Bethany in 2009. The Baynes are fighting for custody of their kids after they were seized by social workers in 2007.
Photograph by: Submitted photo, Paul and Zabeth Bayne

A Surrey couple fighting for custody of their four young children is “heartbroken” by a court ruling saying the kids must remain in foster care for another six months.

In a case that gained significant online attention, Paul and Zabeth Bayne sought to have their children returned to them after they were seized by social workers more than three years ago.

On Wednesday, Judge Thomas Crabtree found the children — three-year-old Bethany, five-year-old Baden and six-year-old Kent — in need of continued protection. A fourth child — baby Josiah, born just four weeks ago — also remains in foster care.
“We’re really disappointed,” Zabeth said Thursday.

IN THE HANDS OF THE PARENTS / Part 466 / For Love and For Justice / Zabeth and Paul Bayne

Debriefing Judge Crabtree's Ruling Released March 2, 2011

My first of numerous Synopses (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements for the ruling.)

  one of the last clauses of the ruling was...
[256]  "As s. 2 of the Act provides, the family is the preferred environment for the care and upbringing of the children, but children are entitled to be protected from abuse and neglect and this must be the overriding concern of the Court. The opportunity is now in the hands of the parents. The children are in need of protection. Now is the time to move beyond this question and to take the appropriate steps to address and remedy the situation to satisfy the Court that the children should be returned to their care and custody."
As for the [256] clause from the ruling...a very important paragraph in my mind.

THE LAST WORD TONIGHT / Part 465 / For Love and For Justice / Zabeth and Paul Bayne

TO RECAP: JUDGE CRABTREE DID NOT RULE THAT THE THREE CHILDREN COULD BE RETURNED TO THEIR PARENTS BUT GRANTED A C.C.O. FOR AT LEAST 6 MONTHS. FURTHER, THE 9:30 AM COURT APPEARANCE TO SET A DATE FOR A PRESENTATION HEARING RE: 2 WEEK OLD JOSIAH GOES AHEAD TOMORROW AT SURREY PROVINCIAL COURTHOUSE.

The supporters of Paul and Zabeth are almost speechless tonight. We find that words fail to communicate our sense of what has been lost today for this family.

Curiously, today's event has given voice to an assortment of people who have chosen this moment to place offensive comments on the earlier blog post. We seldom if ever heard from you earlier to argue actual points but now you reveal yourselves by hurling insults and slinging names at the parents. I am sorry you resorted to that. Oh, and some of you pro-Bayne folk threw some back didn't you?

I removed the requirement these past three days that all comments must pass my rather liberal scrutiny and that worked acceptably until tonight. I have reinstated that requirement. Reasonably stated comments even if in opposition to the advocacy of this blog will still appear but not when they are calling the parents liars and crazy.

The ruling today directly affects the Bayne Family to be sure and casts a pall of despair. Beyond this single family, it would be unfortunate if our society would ignore the solicitation for changes to the Child, Youth and Community Services Act as well as the call for a review of the way child services and welfare and protection is delivered within our communities. To that end I am trusting that among the over 12,000 hits to this site today are news editors and columnists who will begin to research the concerns about child protection in this province and across our country.

Perhaps in the days to come, some aspects of the ruling today can shed some light to provide answers for the countless questions that you have about why it came down as it did. Yes I wanted the Bayne children to come home, and yet I will be objective when I share a Judge's formulation of a conclusion to this highly emotional case.  

THAT'S THE LAST WORD HERE FOR TONIGHT.

JUDGE RULES - NOT GOOD NEWS / Part 464 / For Love and For Justice / Zabeth and Paul Bayne

They are NOT coming home. The three children, Kent (6), Baden (5) and Bethany (3) who have been in foster care for the past three years and four months and visiting with their parents for a few hours each week are not coming home to stay - to live. At least not for the foreseeable future.

In a 40 page judgement, Judge Thomas Crabtree has concluded by granting a Continuing Custody Order for a period of 6 (six) months.

There is so much more to tell you but it has to be properly processed. The judge has not bought the Shaken Baby Syndrome allegation. Nevertheless,the Court finds the children in need of protection. 

One concluding statement is: "As s. 2 of the Act provides, the family is the preferred environment for the care and upbringing of the children, but children are entitled to be protected from abuse and neglect and this must be the overriding concern of the Court. The opportunity is now in the hands of the parents. The children are in need of protection. Now is the time to move beyond this question and to take the appropriate steps to address and remedy the situation to satisfy the Court that the children should be returned to their care and custody."

And then one of the last sentences says, "In the. circumstances of this case I conclude that an order pursuant to s. 41 (1 )(c) for a period of 6 months is warranted."

We are all devastated. This is appalling. Give us time to understand where this leaves the Bayne family but it is not what we expected. 

Do you think people are interested? As of 8PM, 10,121 hits to this site.

NO MORE WAITING / Part 463 / For Love and For Justice / Zabeth and Paul Bayne

This is definitely the day. 3:00 PM is the scheduled release of ruling.

3:30 PM STILL WAITING... YOU WILL HEAR AS SOON AS I KNOW. 

4:45 PM STILL NOTHING

5:13 PM Update: It's a 40 page judgement - going to take some time to go through and get to the bottom line

If he has been anything, Judge Thomas Crabtree has been studiously deliberate in preparing and delivering his ruling. There will be no further postponement of the court ruling. Nothing more requires consideration. Today at approximately 3:00 PM Judge Crabtree's decision will be faxed to respective counsels and will be disseminated from there. What we truly care to hear today is the sound of freedom that is essential to the Bayne Family. To achieve that resounding note, Chief Justice Crabtree's ruling is guaranteed to be a comprehensive examination. The Ministry of Children will not have anticipated the incisive dissection of policy and practice, of mission and delivery, of failure and lost focus. The outcome of this case has the potential for long term precedent setting improvements to child protection in British Columbia. I am believing that Judge Crabtree has gone there today. Paul and Zabeth desire that, but right now all that they want to read is that Judge Crabtree has believed them, trusts them to be excellent parents, and is giving this entire family, Kent, Baden, Bethany and very new Josiah, a second chance to be F-A-M-I-L-Y. Really! The waiting is a killer!

This is visitation day for the Baynes, but we hear that Bethany and Baden are still experiencing cold symptoms and will not be at the visitation. They hope Kent and Josiah will be available. Their grandparents can also be there. It will be during this visit that the ruling should be transmitted, by fax of all things, not in a court room or digitally. I am thinking it will be a condensed version, the nub of the decision with a fuller release within a court setting later on.

THE RULING WILL BE POSTED HERE AS SOON AS I KNOW- Dr. Ron Unruh

Here is the thing...Not only must the Baynes make themselves ready to hear the news today, they are scheduled to be in court tomorrow at 9:30 am at Surrey Provincial Courthouse, simply to set a date for a Presentation Hearing concerning the baby Josiah. That appears to be a separate case from the other three children. Yes, but as I have written previously, it is a case that has no merit to stand on its own, and is without evidence of any kind other than repeating the concerns of the Ministry with regard to one of the three children in the prior case. SO, one would trust that today's ruling abolishes the need for and the substance of the most recent apprehension. End this thing today!

TOMORROW AT 3 PM / Part 462 / For Love and For Justice / Zabeth and Paul Bayne

Many commenters contributed yesterday when we learned that there was a further two-day delay before we hear Judge Crabtree's ruling. Understandably we are concerned for Paul and Zabeth and how they are affected by the incessant flow of disappointments and heartaches. Believe me, Judge Crabtree understands what the delay means. He showed courtesy to them during the court case. I cannot for a moment believe that he was unaware of how a further delay would impact these waiting parents. There must have been a good reason. If all he was going to do was permit the Ministry to keep these children, he could have done that in short order last autumn. It would have been a secure judgement. This couple could not afford to appeal. They are financially without resources, yet as we have seen in terms of moral and spiritual support they are wealthy. That was demonstrable during the court case and Crabtree watched that day after day, but never so overtly as last Thursday when fifty or so of you filled the courtroom and stayed all day so Judge Arthur-Leung could know this is not a case to be hastily dispatched.

So, here we are again, looking together with Paul and Zabeth toward TOMORROW. Tomorrow will bring the children home.

in mommy's arms

don't take him away

In the meantime, I thought that you should be cheered by some glimpses of Paul's and Zabeth's newest joy who is named Josiah. When you see him here, promise me that you will give thanks, and then I will let you become incensed that he too is in foster care because this Ministry continues to distrust and malign and insult two innocent people whose case will yet be celebrative.

comfy in mommy's arms

peaceful Josiah

You know that it is the expressed view of this blog that Judge Crabtree can make no other decision but to return the children to Paul and Zabeth.

The handling of this case and the mistreatment of these citizens, has been outrageous and the evidence in court revealed that. The Ministry's own empowering Act was not satisfied by the way the rights of these children and these parents have been ignored and compromised.

Tomorrow, at 3:00 PM the verdict is to be released. Watch for it here.