This story is by mother Joyce Tomkinson. It is entirely in her own words, notes by fixcas are in red.

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Tomkinson Family Dealing with CAS Muskoka

(All this information is documented with a journal as well as proof where stated)

On Tuesday, November 17, 2009 my personal experience with CAS started as a result of a search warrant issued by the OPP. My mother was babysitting my son (my 2 daughters ages 14 and 16 did not come home after school that day - one was working the other had basketball practice) when I arrived home to 6 suburbans, 6 OPP officers' and 2 CAS workers. The CAS worker that approached me was the same worker that gave a good friend of mine, a world of hell with his dealings with CAS Muskoka. My immediate response to him was "why are you here?" He said the police notified CAS because of my 2 year old son in my house. I told him I wanted another worker because I felt this was a conflict of interest because of what he had done to my friend and he said NO. He was the on-call emergency worker and that I could not get another worker. As I entered my house the power had been shut off. This was a result of the same worker; he said there was an unsafe wire. CAS workers are not qualified to make this decision. (I have the order from the hydro company with his name on it) With in this report all of my issues deal with this same worker, JOSH CLEMENT intake worker.

While he was in my house:

(There was another worker in the house at the time but she was not a problem) He asked if there were any family where the children could go. My mother gave him the names of my 2 sister in laws, my mother in law, brother in law and my sister. She also told him that she had a 4 bedroom home and the kids could go with her. I also told him of a friend in town that was a teacher where they could go. When we asked if they could go to the family he said No that was not going to happen. He did not ask a supervisor he just said NO!

He drilled me with questions - none that I answered. These were questions that the police should have asked not him.

They took pictures of my home after the police had rustled through. He told my mother to pick up the change on the floor. She said No, he puts them in his truck. He said it was unsafe to have that on the floor. How can someone that does not know my son, know what he will do? My mother is the one person other than my husband and I that have looked after my son. We are the experts with his safety not CAS.

He told me to pack up some things for the children as they would be in foster care for at least 5 days. So I packed things, for them, in the dark (no power) thinking that this would all be taken care of in a few days. My 2 year old has never spent any time away from my husband or I - this broke my heart. My oldest daughter agreed to go into foster care to help them with my son. Both of my daughters had issues with this same worker almost a year before. A teacher (that is a friend) was accused of inappropriate conduct with a student. Both of my daughters had this teacher and thought he was the greatest. We all stood up for him during all these allegations. This was a little difficult as I am a secretary at a school. Josh Clement was the worker in charge of this case and drilled my daughters with inappropriate questions with this case. Questions like what is your relationship with this teacher. There were at least 12 people that complained to the Muskoka office and the head office (including me) about Josh Clement and this situation. No one ever heard from either office. My daughters have the same opinion of this worker. We were all defensive because we knew Josh would do everything he could to make this difficult.

Kids in the foster home:

The kids were not allowed any contact with us until after the court appearance on Monday November 23, 2009. The first day in the foster home the girls heard my husbands and my name on the radio and what had happened. They were extremely embarrassed! On the second day in the foster home my oldest daughter Morgan (16 years old at the time) called Josh on her cell phone and told him she did not feel safe in the foster home. He never asked what the issues were but there were chemicals within her brother's reach, no smoke detector upstairs, no baby gate on the stairs, a chimney running through the second floor of the house and an exposed dryer plug. He said she was just trying to cause trouble and he said he was not coming! She called the Bracebridge OPP and told them that she was in a foster home and she did not feel safe and that her worker would not come. He asked for her workers name and told her he would look after it. Josh called Morgan back and said nice try but no one is coming to help you. He denies this on his affidavit but I have my daughters' cell phone records that prove him wrong. Isn't it their job to make sure kids are safe in the foster home! He obvious did not do his job! On the Thursday he came to talk to Morgan at school she did not want to talk to him or have anything to do with him and she told him many times. This is the day that she told them of their rights in the foster home. Morgan checked them out on the internet and they are not the same. Josh tried to get the girls to leave their cell phones and computer with the foster mom when they were going to bed. Morgan said No, you don't pay for it - you can't have it! She also showed Josh the difference with the rights that she found on line and the ones that he gave them. By the end of the day on Friday he sent Morgan home because he said she was too much of a problem and was causing problems in the foster home. She wasn't doing that she was just calling Josh out on all the things she saw that he was doing wrong. On November 20, the story was on the front page of the Weekender paper and in the Muskoka Today a week later. Nothing was proven yet but we were guilty before we could prove ourselves innocent. This was more embarrassment my children had to face. Child molesters get more protection of their rights than we did. Just google Joyce Tomkinson you see for yourself! It will be on the internet forever. That is not fair!

Court Monday November 23. 2009

We attended court with our lawyer early Monday morning. We never saw a judge the lawyer spoke to Josh (CAS) and we received our documents that were supposed to be given to us prior to court according to our lawyer. Our lawyer told us that he cannot submit a plan to CAS lawyer until he receives the papers. Motion says to protect this document please submit in writing 4 days before date shown- the date shown was today's date November 23, 2009. Josh told us that we would get to see the kids if we got everything done quickly. We did, we were finished at court house by 1:30 and Josh told us to wait at the CAS office for him. We waited from 1.30 until after 3 pm for him and when he arrived he said we weren't going to see them today. He told us we could see the kids on Wednesday 12-2 and that we would be getting a call from the kids worker Donna Benson. She called and said that we had a visit with the kids on Friday November 27 10 -12. We had agreed to a Kinship with my sister, her name is Janet Mackenzie and lives in Barrie. This is one of the names Josh had November 17. Josh spoke with Janet and said that she needed to have a police check done. But he would take care of it. She asked if her kids over 18 needed to have police checks - he said no, that is not necessary. My mother got her police check done at the same time and had hers back in 10 days. She would also need to get a home inspection by the CAS in Barrie. Josh Clement was court ordered to do the police check and send the information to the Barrie office. He never did the police check on my sister - she did it herself and she also had her sons and husbands checks done. The information he sent to the Barrie office was incomplete according to the Barrie CAS supervisor Donna MacDougall. I have a copy of the court order.

First Visit - NOT

Kelly and I came early and waited until 12:15 that is when Josh came out to tell us there was a mix up and we would not see the kids today. I had made their favourite dinner and banana muffins. We were crushed; we have never been away from our kids this long!! Josh said that he would make it up to us and give us 2 extra hours on our visit on Friday with the kids. He also informed me that I could not go to see my daughter at her basketball games and he also had on one of the court papers that my daughter Morgan was not to have any contact with her sister. This is totally against my daughters rights in foster care. Parents are supposed to support and encourage their children - keeping me away from her playing sports was wrong!!

First Real Visit -November 27. 2009

It was 10 days since we had seen or even talked to our kids. Our first visit was extremely emotional - our kids have never been away from us for that long. Kale (my son) has never been away from us at all!) He was very apprehensive to come to his dad or me. He looked at me like - where the hell have you been! It was awful - I will never forget it! My husband had not seen the kids from 2 weeks plus the ten day - he had been away before this had happened. So my son did not see his father for over 3 weeks he would not come to him at all. It was HORRIBLE!! Since my son has been home he has had issues with us leaving him. At first when he would lay down for a snooze I would have to tell him I would be here when he got home or else he would be extremely upset. Josh did not hold up his deal with the extra time, Donna did not know anything about it. Josh arrived just as our visit was over (he thought it started at 12.) He said he could not give us the 2 hours - he gave us 14 extra. The foster mother thought it was more important for my daughter to be in school than to see her parents. I did not agree as this was the first time I had seen her in 10 days. I felt the foster mother had more rights at this time than I did.

We were travelling back and forth from Orillia (staying at my mom's house) as our hydro was cut off. Our daughter wanted things to start to get back to normal and wanted to go back home. We borrowed a generator from a friend and started saying back at our house.

Our visits were only once a week for 2 hours -I did not feel this was enough time to spend with my kids. I called Donna Benson and asked for more time. She said she would have to speak with Josh. If I normally only spent 2 hours a week with my kids I would be an unfit mother. Josh said that I couldn't have more time. We wanted to bring my mother and sister in to see the kids they allowed it once and the next time they said they would have to take turns as sharing the time was too hard on my kids. That did not make any sense. These are people in their family that love them and want to make sure they are OK and this is too hard on the kids? Maybe they should have asked them. They would have said they wanted to see them. My son has seen my mother 2 times or more per week since he was born, he needs to see her and she has babysat him since I went back to work in February 2009. During one our visits Josh asked us to come in to speak to him first. He started drilling questions until I told him he was taking up our visiting time with the kids. Then he stopped. At the beginning of December Donna and Josh informed us of the days that we would get to see the kids in December. There were four dates one for every week in December but no dates for Christmas. I called them to ask if there was any way we could get more visits over Christmas and Donna had to check with Josh and he said no. From the beginning of December until we got our new worker Kristen Denault on December 16, 2009 we were told we would not see our kids over the Christmas holidays. This news killed my husband and I, we decided if we did not have everyone altogether for Christmas then we would not celebrate until we were altogether.

The unsafe pictures at the foster home

At one of the visits that my sister was at, my daughter that was in the foster home (Samey) had given her pictures of the foster home. These pictures were of the same issues that my other daughter had a problem with the second day in the foster home. My sister took these pictures to CAS in Barrie. The worker that she had was Donna McDougall. She was appalled at the pictures and wanted the kids out immediately!! When Donna received the files from the Bracebridge office, she asked my sister Janet if her last name was COURT, she said No, it is MacKenzie. Josh had put the wrong last name on the documents that were sent to Barrie. Janet got all the police checks done for herself, her sons and her husband. She also set up the home inspection with the Barrie CAS. More and more it seemed that Josh only tried to mess up everything so it would take longer.

December 16. 2009

We met our new worker on December 16 and our first question was "would we be able to see our kids over Christmas holiday" and she said "of course we would." Josh led us to believe for 3 weeks that we would not see our kids for Christmas. Living with the thought that we would not see the kids for Christmas was extremely difficult. I could not even imagine not having this holiday without them. But Josh kept stomping on my emotions and reminding me that "it was not going to happen." We live without hydro for about a month. This is the same day the hydro was re connected - we did not have to pay the reconnection fee. As we proved to the hydro company that it was cut off illegally. (I have the letter that was sent Josh says in his affidavit that we had a grow op. The police never did and there was no evidence of this. I truly believe Josh Clement was the one who order the power to be cut off. His name is on the disconnection order from Veridian Hydro. I have this document.

December 18. 2009

The kids were out of foster care and went to my sisters in Barrie. Kristen Denault (CAS worker) was trying to have my sister wait another day but she said the foster home is not safe now I want them out and home with me.

December 18. 2009 - February 1. 2010

Kale and Samey were placed at my sister's home in Barrie for Kinship. This was good because the kids were with family and people I trust with them but Samey had to be driven back and forth from Gravenhurst to Barrie everyday for school. CAS wanted us to provide transportation but they had a volunteer driver do this every day all of January. My sister did have to pick her up a few times. We did meet with the CAS worker from Barrie named Donna MacDougall. She spoke with us before Christmas and she took notes. I asked if I could have a copy and she said of course I could. Donna was also the same CAS worker that received Josh Clements in complete file that he had sent. This is the file that had my sisters last name as COURT - it is MacKenzie. We spoke with Donna MacDougall again in January - again I asked for a copy of her notes and I got them. CAS Muskoka takes notes you are not allowed to see them, why are the policies so different from theses agencies?

February 2. 2010 - August 2010

My kids were returned home after a home inspection by Kristen Denault (CAS worker). My daughter Samey's first day back to school and picked up at the end of the driveway by the bus was met with concern from the bus driver. She had not been informed that she was back home. On that day, the office staff at the high school called CAS Bracebridge all day to find out if my daughter was "suppose" to be back home. When they finally got someone they said Yes, it was OK she is home now. This could have been avoided if CAS notified the school on kids returning home. Our first home visit by CAS was in March 2010; Kristen could not come so she sent another worker. She did this in April also. May was the first time that Kristen first met my kids. My husband asked many times to be drug tested and eventually they said it was not necessary. That was shocking - he was requesting something that they should have been asking themselves and they said it was not necessary? I was confused!! They were so convinced that we were drug dealers at the beginning and now it was not necessary to test us. My husband was badly burnt in a fire when he was 3 years old. He had skin grafts and scars cover almost all of his legs, top to bottom. He was using the marijuana as a pain killer. He had only tried it a couple of times before the house was raided by the police. He had since been drug free and been to a plastic surgeon and had a very painful surgery on a section of his leg. We complied with all CAS visits and during on appointment Kristen did not show up. I could not believe this. I felt that if I had missed an appointment I would have been in so much trouble but she was not even in that week. I called to complain to her supervisor because Kelly took these days off so that he could be at these appointments. He works in Toronto so it is not like he can just go to work after the appointment. He is also the only one working as I work in a public school and they put me on a leave of absence when this situation starting in November of 2009. He was our soul provider and I wanted them (CAS) to know how important it was for them to keep their appointments. She did not called to cancel she just did not show up - she was off for a personal leave that week.

September 2010

The papers were finally signed at our lawyer's office to be released from CAS. Within days of this happening I received a call from the office of the Children's Lawyer. I did not think it was necessary to speak with him as everything was finished now. Then my lawyer called as the Office of the Children's Lawyer called him, my lawyer asked me to give him a call and my lawyer said it was my decision but he was asking me to have him (OCL) speak to my daughter, so she did. She told him about how the foster home put her to work, getting the winter tires out of their barn, how they let my son cry for hours in the night, how they wouldn't give him some food that he wanted because they did not think it was good for him, how they fed them uninspected chickens and eggs from their farm. She also told him about the pictures that she had taken and how this experience ruined her life. His only comment was "I think you need counselling." I felt this was a total waste of time and brought up so many emotions for my daughter. I thought maybe this lawyer could help her bring up these problems and make the foster home face them in court but no - he only felt she needed counselling.

Overview that I have proof of

Josh Clement

1. He had the hydro cut off because he said there was an unsafe wire. Josh said that we had a grow op, the police never did. I have the order from the hydro with Josh Clements name on it.
2. Lied on his affidavit - he said my daughter did not call the police. I have my daughter's cell phone record that shows the time and date of the calls to Josh and to the Bracebridge OPP. He also said he had no history with me and my family. I wrote a letter of complaint about him Josh Clement to the CAS head office and to the Bracebridge office. He said the power had been cut before he had arrived.
3. Did not fulfill his court order to do Janet Mackenzie and family police check and he was to set up the home inspection at the Mackenzie home
4. Left 2 children in an unsafe foster home for 1 month and these children were eventually released from this foster home for the same reason. The CAS supervisor from Barrie wanted the kids out immediately because of the pictures of the foster home. Pictures on following page.
5. Tried to take away the kids rights in the foster home and out. He tried to take their cell phones and computer away. Josh has in his court paper that Morgan (my oldest daughter) was to have no contact with my daughter in the foster home. (Samey) Samey was not allowed to have visitors or friends say over. She was also not allowed to go to friends houses.

Booklet that is given to the children in CAS care.

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Pictures from foster home, December 1, 2009

Stairway with no baby gate.

Chimney pipe running through second floor of home.

Chemicals within reach of my son. Dryer plug at bottom of picture - fully exposed and could kill my son. Click on image to enlarge.

No smoke detector upstairs.

Door no dead bolt.

Alcohol excess.

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Collateral Damage

Clarification

Fixcas asked for a clarification on the criminal charges. They were not gunslingers, but in possession of old weapons that needed disposal. Joyce responded:

The hydro was cut off before I got home on November 17th. This was before 4:30 pm. I am sure it says on the hydro termination paper that it was cut off at 3:30 pm. Neither my husband or I were contacted about the termination of the hydro. The entire meter was taken from our house.

As of November 8, 2010, our issues have been to court, possession charge was dropped and all charges have been withdrawn on me. The lawyer asked for my finger prints to be destroyed. I have not received a copy of the court papers yet.

This was about 2 weeks before the raid. This whole event started with a police officer (in a unmarked car and in plain clothes) came to our door and said that he had a complain from someone saying that we had unregistered guns. When he first knocked on the door we did not answer as our house is back off the road and when I looked out the window upstairs I did not recognize the vehicle. I was getting my son to sleep for his afternoon nap and my 15 year old was on the lower level of the house. I told her not to answer the door as I did not know who it was and my husband way not home. He banged on the door the next time. We still did not answer. Then he started to walk around the side of the house. My daughter was scared and said that he was going to see her. Then he went back to the front door and this time tried to open the door. It was not locked and he almost walked it. This time he hammered on the door! Samey (my daughter) answered it. He never identified himself, he just asked if her dad was home and told her about the complaint. He left a phone number that he said my husband needed to call. When he called that is when we found out it was the Bracebridge OPP. The officer was David Allen and my husband spoke to him about the guns. Kelly told him that they had not been used in years and he wanted to know what he had to do to get rid of them. He gave him a piece of paper, with the officers writing on the back that said that he did not have to give them up until May 2011. I have this document. He also explained the procedure on how to bring the guns in to have them destroyed. My husband planned to bring the guns in to be destroyed as they had not been used in 5 years. He did not have any bullets for the guns. But according to the officer he had until May 2011 - there was no rush.