Losing a child to CAS should be much harder: Keenan
Why apply a much lower burden of evidence to
removing children from their parents than to convicting people of criminal
behaviour?
By:
Edward Keenan Columnist,
Published on Fri Dec 12 2014
Children seized from their parents very often face dire outcomes in their
lives, and their families feel punished, Edward Keenan writes.
I would far prefer to be sent to jail than to have my children permanently
taken away from me.
I suspect most parents would agree that losing their kids is among the very
worst punishments to which they could imagine being subjected, a fate worse
than prison.
But an ongoing series of investigative stories about Ontario’s child
protection system in the Star reveals we apply a much lower burden of
evidence to removing children from their parents than we do to convicting
people of criminal behaviour — even though the consequences are in many
cases so much more severe.
MORE AT THESTAR.COM:
Society’s Children
For instance, Sandro Contenta and Jim Rankin reported on a case in which a
couple had their
children removed from their home, without being able to call any
witnesses or contest the evidence offered against them, without any trial at
all. The summary judgment highlighted the fact that the parents were facing
criminal charges. Those charges were dropped months later — and the parents
insist they were baseless to begin with — but their children remain in
foster care three years later.
Rachel Mendleson
reported on a case in which a woman’s children were taken away — and
kept away — largely on the strength of hair lab tests showing she used
cocaine. The type of testing used as evidence in her child protection case
has recently been rejected by a court in a criminal case. A judge ruled you
can’t be sent to jail on the strength of those tests. But those tests are
the one major piece of evidence that mean Christine Rupert will likely never
see her two daughters again.
Of course, punishment isn’t the aim of children’s aid societies when they
remove children from their homes, but it certainly is the effect on parents.
It appears to be punishing in the effect it has on many children, too.
Children seized from their parents very often face dire outcomes in their
lives. About half of Crown wards, as they’re called, drop out of high
school. The Star reports that 20 per cent of them change homes more than
three times (some changing homes more than 60 times), and an outright
majority have changed schools more than three times. An earlier report I
read at TVO claimed that 68 per cent of homeless youth come from group
homes, foster homes or youth centres.
McGill University researcher Nico Trocmé, a leading expert on child
protection studies, sums it up: “We don’t know whether we’re doing more harm
than good.”
It’s important to acknowledge that in many cases child welfare advocates
investigate, they face a choice between very poor options: Leaving children
in the care of apparently negligent parents, versus traumatizing them (and
the parents) by ripping apart a family and putting the children into a
system where they may fare no better.
But given the near-certainty of the disruptive and harshly punitive effects
on all parties of removing children from their parents’ care, the standard
for doing so should be high — near the levels of certainty of harm we expect
as evidence in criminal cases. That’s not the case.
Child protection workers say that beginning in the 1990s the philosophy
began to lean heavily towards taking children from their families. When they
try to prioritize keeping families together, they are accused of “mandate
drift.”
Only a quarter of children taken into care have suffered physical or sexual
abuse — the kind of extreme cases most would agree demand harsh
intervention. The remainder include cases of neglect — including the
perceived risk of harm due to lack of supervision, and “maltreatment” by not
having enough food in a home, not changing diapers, or not having
appropriate clothing for the season. Substance abuse by parents seems to be
a significant factor in many cases. Almost a third of cases involve parents
on social assistance.
What many situations appear to call out for most is help: instruction or
counselling in parenting and life skills, or more income support. Even in
the absence of those, it’s hard to confidently say most children involved
are better off removed from their families than they would otherwise be.
It’s hard to stand by and do nothing when you see a child at risk, but it’s
possible it may sometimes be the best of a range of bad options.
The situation is all the more disturbing because the list of risk factors
considered by aid workers seems systematically tilted to further punish the
poor, and some specific cultural groups. Inadequate living arrangements and
income appear in reports as significant risk factors. The Star reported that
First Nations children are 9.3 times more likely than average to be in care.
Black children, who represent only 8 per cent of the Toronto child
population, make up 41 per cent of the children in care.
Taken together, this system appears to be a well-intentioned disgrace that
often actively ruins the lives of parents and children who are struggling.
Indeed, it appears to punish them because they are struggling. The
stories suggest an appalling lack of measurable standards, little gathering
or use of evidence, and a patchwork of agencies using different methods with
little coherent central oversight.
In law, the provincial government is the parent of children who are taken
away from their families. In the process it uses to do so, and the effects
it produces, it appears to be a neglectful and sometimes abusive parent. A
parent exposing those it is responsible for to considerable harm. It’s a
situation that cries out for intervention.
Edward Keenan is a Star columnist.
Source
Commentary by the Ottawa Mens Centre
In a nutshell, the CAS are entirely unaccountable. When matters reach court
the Judge hearing the matter is most likely a Former CAS lawyer who spent a
decade or more as part of Ontario's Billion Dollar Criminal Cartel. The
decisions are 99% likely to be what ever CAS ask for, and more often than not,
based on Fabricated Evidence.
The reason for the incredible success of CAS in our Kangaroo secret Courts is
that the judges are generally Former CAS lawyers "anointed" as judges by decades
of politicians who support this criminal cartel of unaccountable private
corporations in their own make work criminal enterprise.
Lawyers like Marguerite Isobel Lewis of the CAS Ottawa Fabricate evidence with
impunity with the blessing and approval of the Premier of Ontario and the
Attorney General who are equally responsible for promoting Fabrication of
Evidence by CAS lawyers and staff.
When CAS don't have any evidence, they Fabricate it. They get judges like Tim
Minemma a former CAS lawyer, to fabricate evidence as judges who can be
guaranteed to be turn a blind eye to outright fabrications of evidence.
Across Ontario, there has never been a single criminal conviction of any CAS
lawyer or child protection worker for fabricating evidence yet, its habitual and
flagrant.
The Children's Aid Societies of Ontario have a different name with most lawyers,
They are called "The Gestapo"
Check out the Video "Powerful As God" at blackout.ca
To read about real criminals at the CAS check out the wanted pages at
Ottawa Mens Centre
Every Ontario Parent especially Fathers needs to known that the CAS of
Ontario are a Cult that generally recruits only those whose lack of empathy,
integrity and ethics is overriden by their own fear of their employer and their
job.
The CAS hate with a vengeance any current or former CAS employee who speaks out
against the CAS.
Case Law is riddled with Judicial comments by the few brave judges who dared to
make a decision that was NOT what the CAS asked for. These judicial comments
make it clear that the CAS regard themselves as GOD with absolute power to make
any decision they wish.
CAS promote domestic violence by women against fathers especially full time
fathers.
Across Ontario, women now can repeatedly assault their husband until he calls
the police. When the Police arrive and find him bleeding and bruised, the likes
of Det. Peter Van Der Zander of Ottawa Fabricate Evidence NOT to charge the most
violent of females and to fabricate evidence for the CAS to remove children from
the care of full time fathers who happen to be victims of Female Domestic
violence.
The most despicable excrement of Ontario Authorities are the Police Forces of
Ontario who, work turn a blind eye to blatant criminal offences such as that of
Obstruction of Justice and Fabrication of Evidence by one Marguerite Isobel
Lewis - Ontario's most notorious Child Abuser.
And that's just one example of why CAS should be disbanded in disgrace.
If you are a CAS looking for an expert in Fabricating Evidence, Don't both
asking Marguerite Lewis to work for you. She is apparently next in line for job
as a Rubber Stamp Judge of the Ontario Superior Court of Justice.
Ottawa Mens Centre