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Baynes Get Home Visitor

October 2, 2010 permalink

While the final decision in the Bayne case remains blocked by a filibuster, the judge has modified the visitation schedule in accord with the change of season. In the new schedule, the Baynes will have to allow an MCFD worker to supervise the visits in their own home for six hours at a time.



THE CHILDREN MAY SEE THEIR HOME / Part 326/ For Love and For Justice / Zabeth and Paul Bayne/


Yesterday, Friday, Judge Crabtree delivered his video conferenced ruling on the MCFD application to adjust the earlier court ordered three day visitation schedule of three hours each, to a schedule of one three hour visit plus a six hour visit on Saturday and this to accommodate the children's school life, extra curricular activities and appointments. There was more to this application but this was the primary item. Dear brave Zabeth, spoke on behalf of her husband and herself and her three children while the MCFD Director had his counsel Finn Jensen representing MCFD interests when they made their brief 30 minute presentations on Thursday afternoon.

On Friday Judge Crabtree told the Baynes and the MCFD representatives that he had reviewed both submissions with regard to the application. He made it clear that his ruling Friday is based solely upon those submissions on Thursday and unrelated to the general court hearing. His ruling on Friday was not based upon an any assessment of the court evidence to date. He wanted that understood. He is very aware that Mr. Jensen has another half day of summary on October 6th and no decision on the CCO has been made until the summary concludes and the Bayne counsel writes a closing statement in response to the Jensen summary.

Judge Crabtree recognizes that his previous visitation order was based upon a summer schedule and that now during the school year there has been an increase in the children's activities as well as social engagements and medical appointments. He notes that MCFD identifies some behavioral issues with a couple of the children and he acknowledges that some of this is plainly the result of being removed from their home for such a long period of time and this is being resolved by this hearing now.

home again

Judge Crabtree therefore granted the MCFD request for two days access rather than three days, thus interfering with frequency. However, the total of nine hours of visitation remains intact. He did not grant the Bayne request for unsupervised visitation but what he did give the Baynes was the possibility of having those six hours on Saturday in their own home. That means supervised visits in their own home, of course contingent upon an in home assessment which means that two social workers will come to their home to inspect the facilities. Special family events and occasions are to be accommodated as visitation opps as well.

This in home inspection is to happen before October 6th so that any resultant issues my be resolved by THE JUDGE on that day of THE CLOSING SUMMATION.

To the Blog Reader: Some serious reservations arise for me with regard to six hours of visitation time in your own home with a note taking supervisor sitting in your space the entire time. Do some concerns come to your mind as well? Zabeth alluded in court this week to the difficulty they experience during visitation, to know how to respond appropriately to child behaviour that requires some correction or discipline when a supervisor is observing and recording. Will they be deemed too lenient or too severe? And then I wonder what kind of reporting results from a supervisor compelled to put in six hours at one time, weekly. Do the comments become more critical and condemning at the fourth, fifth and sixth hours? How stressful will it be for Paul and Zabeth to put in this kind of time under such intense scrutiny. It is abnormal and uncomfortable. Within six hours there are many potty breaks, snacks, meals, naps perhaps, outside play, inside play, gabbing, talking story reading and who knows what else. Will the supervisor be scolding them and warning them again not to speak of the past or the future or giving children hope or escorting them to the john? The children will be living for six hours among the toys and familiar items of their past family life. It will be natural even instinctive for a mom to make sure her daughter is okay in the bathroom. Is the supervisor under instruction by the Ministry workers to give the parents trouble, badger them, intimidate them and be alert to situations that can be used to verify their unfitness. I don't know. I am asking.


Source: Ron Unruh blog