Disregarding Truth and Law

January 4, 2013 permalink

Here is more on the father harassed served by not-a-social-worker Wendy Traynor. He took his case to the Child and Family Services Review Board. The bottom line of the CFSRB ruling is:

CONCLUSION

[85] For the reasons above, the Board orders the following:

1. The Board orders the Society to provide a written explanation to the Applicant regarding the qualifications and responsibilities of Society workers who are not registered with the Ontario College of Social Workers and Social Service Workers, and to explain why [the ongoing service worker] continued to be the Ongoing Service Worker for the family.
2. The Board orders the Society to provide the Applicant with reasons in writing as to why he was not contacted with regard to the children’s apprehension and with reasons as to why the children were not placed in his care following their apprehension.
3. The Board orders the Society to provide the Applicant with written current information regarding the children’s medical conditions and the medications they are prescribed.
4. The Board orders the Society to provide the Applicant with a written explanation of its actions regarding his concern related to [the child’s] access to the Provincial Advocate.

Source: K.R. v. Durham Children’s Aid Society, 2012 CFSRB 17 (CanLII)

The Durham CAS did send the requested information to the father. To keep this father out of touble, his name has been replaced by K.R. as in the CANLII report, and the mother's name is reduced to mother.

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RHONDA LAHNAKOSKI (on leave) ■ LIZA LOBO ■ FARRAH MANJI (on leave)
MELANIE NEILL ■ ZAHAVA DAY ■ CLEM NABIGON
LANA PRYCE ■ ALLISON McGREGOR
JODI KAIMAN

July 5, 2012

VIA COURIER and EMAIL

Mr. K.R.
street address
Pembroke, Ontario

Dear Mr. K.R.:

RE: K.R.-mother / CFSRB

The following is in response to the Board's decision of May 16, 2012, pursuant to the two day hearing on April 3 and 4, 2012.

1. Please be advised that the Society does not require Child Protection Workers to be registered with the Ontario College of Social Workers and Social Service Workers. The Society takes the position that its workers are Child Protection Workers for the purpose fulfilling its mandate pursuant the Child and Family Services Act. Ms. Traynor continued to be the Ongoing Service Worker in the Society's protection application for continuity of service with the family and various service providers involved. Ms. Traynor and the Society were not of the view that there was a personality conflict with you. Rather, the Society was of the view that you felt she should be removed from the file because she was not registered with the above noted College. Respectfully and as stated above, it is not a requirement for ongoing service workers to be registered with the College. As such, the Society was not prepared to remove Ms. Traynor from the file.
2. Regarding communication of the Society's position as to why the children could not be placed with you, the Society did attempt to contact you by telephone to 613.639.2085 on January 15, 2010, at approximately 5:15 pm. A second and third attempt was also made at 5:20 p.m. and 5:25 p.m. respectively. This letter also confirms that the Society did not consider placing the children into your care and custody following the apprehension because there were protection concerns with you. If you recall, the children were in your care over the holidays and upon return to Ms. mother, began behaving in a manner that posed a risk of physical harm to other family members. The Society took the position that this behavior was likely the result of Edmund and Preston's time in your care. The Society therefore was of the view that to place the children in your care at that time would not have addressed the outstanding protection concerns posed by the children.
3. Children's Current Medical Conditions and Medications

   Edmund is not on medication and does not have any formal diagnosis. Edmund is overall healthy and meets with his therapist, Gary Brooks, weekly.

   Preston is diagnosed with Post-Traumatic Stress Disorder and is currently taking the following medications to assist with behavior and emotional management:

   -Abilify daily (Friday and Saturday 10mg; Sunday to Thursday 5mg)
   -Melatonin as needed

4. Edmund's Access to the Provincial Advocate

   I have been advised by the Child Service Worker that "In December 2012 the Society was in contact through voicemail messages with Mr. Rawle Elliot from the Provincial Advocate Office. The Society provided Edmund with the contact information for Mr. Elliot and reminded Edmund that he was able to contact the Provincial Advocate's office and speak to any advocate other than Mr. Elliot if he had concerns regarding his rights. Edmund at that time declined to speak to Mr. Elliot and reported that he understood and would call if he felt necessary. During a meeting at the home with Edmund present, contact information for the Provincial Advocate, Children's lawyer and Children's Services worker were reviewed with Edmund. Edmund is aware of the location of the telephone numbers in the foster home and has the contact information on his Rights and Responsibilities pamphlet which is in his possession. His Rights and Responsibilities were reviewed during the meeting and continue to be reviewed approximately once per month with the Children's Services Worker. In May 2012, the Children's Services Worker spoke to Mr. Elliot who was requesting information regarding the boys access to father. Mr. Elliot was informed of the current access arrangements, telephone call arrangements, and the recently obtained Crown Wardhsip, with access order. The Children's Services worker provided Mr. Elliot with answers and confirmed that Mr. K.R. has the option to have access with boys and will need to contact the Society to make access arrangements with the Children's Services Worker. Mr. Elliot reported he had informed Mr. K.R. of the Child's Advocate role and Mr. Elliot had not received a call from Edmund to date. The Children's Services Worker informed Mr. Elliot that contact information can be provided if the Children's Advocate's office felt it was necessary to contact Edmund. Mr. Elliot did not feel it was necessary to contact the boys at that time and reported he would follow up with Mr. K.R.

Yours very truly,

K Salter

for Clem Nabigon
Durham CAS, Counsel

cc:

Wendy Traynor, FSW, DCAS
Biljana Krstanovska, CSW, DCAS
T. Ducey and C. Shannon, DCAS supervisors

1320 Airport Blvd., Oshawa, ON L1H 7K4
Tel: 905-433-1551 Fax: 905 433-8956

Celebrating one hundred years of making a difference.
One child at a time.

Source: father (K.R.)

Notwithstanding the CAS explanation in paragraph 1, child protection worker Wendy Traynor signs her name in the box marked Durham C.A.S. Social Worker.

The father denies the claim in paragraph 2 that CAS tried to phone him. Three phone calls in ten minutes does not show a serious effort to make contact. What if the other party was out of town that day, or even in the shower? Three attempts on different days might be a real effort.

In paragraph 3 the Post-Traumatic Stress Disorder for Preston is a consequence of CAS action in separating him from his parents. The Northwest Foster Care Alumni Study (pdf) found that Post-traumatic stress disorder (PTSD) rates for alumni were up to twice as high as for U.S. war veterans. One in four alumni (25.2%) experienced PTSD within the previous 12 months.

In paragraph 4 CAS lays out their efforts to allow Edmund to get in touch with the provincial advocate. Listen to reality in Edmund's own words (mp3).

When the CFSRB rendered its decision, they ordered CAS to provide written explanations. They did not require the explanations to be truthful or lawful.

Just before fixcas posted this article the father wrote:

The Child advocate heard the recording from my son and is now today forcing Durham CAS Childrens Aid Society to have the contact to my son that he so deserves ..Thank you Rawle Elliot .....the start of prosecution of blocking the child advocate and rights violation to my son

Watch the picture of the documents the father accumulated just to see his sons.