4

Ayn and Mommy within the past three years

Ayn and Daddy when she was a small girl 

4 days remain for the current TCO, Temporary Court Order by which the Ministry of Children and Family Development hold Ayn Van Dyk, in foster care in her 12th year of life. She was nine years of age when she was removed from her father's custody.

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only five days left ...

6

6 days until ...

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7 days to go

NOW IT'S EIGHT

Eight days to go ...

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.

IT HAS BEEN REPORTED THAT AYN WILL COME HOME

Today, word has been received by Amie Van Dyk, that she should expect to have her daughter Ayn released from Ministry care into the care of the child's mother. That's Amie. This news was conveyed by the social worker assigned with Ayn's case. The social worker reportedly made the announcement with permission from the supervisor. Understandably Amie is in shock, processing her exhilaration which seems surreal at times, difficult to believe and too good to be true. It will have been three years that this child has been withheld from the custody of either parent.

NEWBORN TAKEN FROM MOTHER & DIES WITHIN 4 WEEKS

Manitoba Child and Family Services seized Matias de Antonia at birth, and on March 27th, he died while in foster. The baby’s mother Maria Herriera’s family roots are in Colombia and their first language is Spanish. She has been in Canada for six years and she is a permanent resident of Canada. She had no record of neglect during her pregnancy. She has no record of mental illness. CFS were concerned about her ability to care for the child. The boy’s uncle, Carlos Burgos said that the family disagreed with the CFS’s action and says, “I’m not against CFS at all. CFS is there it help people, it’s just some people they don’t know how to do their jobs properly. They were very rough with my family. They didn’t give us the opportunity to show we could raise Matias. They took the baby away from our sister, from us.”

This data and interview details are part of a Global network article authored by By Eric Szeto, Reporter/Anchor.

http://globalnews.ca/news/1273270/winnipeg-family-seeks-answers-in-babys-death/

Every province has its stories that raise concern over deaths of children while in government initiated and sponsored foster care. Concern must result in better management. This cannot be allowed to continue. Legislators, government Ministers, Judges, politicians from all parties have to take notice of this.

A WORD FROM RAY FERRIS ABOUT THE AYN VAN DYK CASE DELAY

My friend and fellow advocate for justice and evidence based child protection, Ray Ferris, has written his own follow up comments to my previous blog post, 'MCF DID IT AGAIN - DIRTY POOL' that spoke of the saddening postponement of a court hearing that should return this young child, Ayn Van Dyk to her family. Listen to him. 

This is of course atrocious. We have a child taken for three years, with only minimal evidence. If this evidence were presented and cross-examined properly, there is no way any sane judge could make more than the most minimal protection finding on it. Not only that, the risk was transitory and long since past. The most the judge should have done is to seek reassurance that the height of the fence should be raised. 

So who is to blame for keeping this little girl away from her loved ones for so long? Yes the director is the chief villain because he broke every guideline and rule of due process in the law.

MCFD DID IT AGAIN - DIRTY POOL

BULLETIN: APRIL FOOLS!!! ISN’T THAT WHAT WE SAID? Well listen to this. No court hearing was held for Ayn Van Dyck. We have to hear more but I am disappointed. The next court date is projected for June. Did you get that? MCFD was able to put it off again for three months. That is, it was able to postpone the reunion of the members of a family: Father, Mother, two brothers and a sister who has been arrested for almost three years. When June arrives, it will be three years of unnecessary, uncaring, irresponsible disruption.

JUSTICE FOR AYN,  a rejuvenated site for supporter information. Take a look.