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楼主: Widowed Mom

刘女士探访儿子之后的最新情况

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发表于 2006-11-20 10:52:44 | 显示全部楼层

Part 3

House keeping first.  I am Chinese, raised and educated in China, so speak, read and write Chinese.  I have to admit I have not written anything in Chinese for 25+ year, so choose to use the most efficient, perhaps not the most effective, language, during my 15 minute coffee breaks to write to the forum.  Please feel free to translate or re-write my posts, to expand the access to everyone.  I am planning to write something in Chinese during the Christmas holiday.

I know not everyone will benefit from the details, but I will continue to deliver the promise I made.

Let's continue.

Immediate after the investigation, the CAS worker has to make the decision whether to remove your child.  2 things you can do:

1. While the worker is assessing you, you can assess her psychology as well.  On one hand, the worst nightmare is child death or re-injury after she leaves your home.  On the other, removal of your child means lots of work (see below) and exposing her investigation to senior staff and external people like the judge and the parents' lawyer.  This is quite a catch 22.  To help your case, you have to help the worker to improve her confidence in you that you can provide a safe environment for your child.  For example, if the accusation is your child does not have lunch, show the worker the food you have in your house.  If the accusation is gambling, please remove the mahjong from your living room.

2. Find an alternate caregiver like grandparents, uncle and aunt or even a friend, since CAS must entertain the request for lesser intrusive course of action.  That helps to avoid court action.

Step 4: the 5 Day Rule
After CAS removes your child, the worker must bring a protection application to the child welfare court within 5 days. You will be served with all court documents including the Statement of Agreed Fact and court plan of care.

Find a lawyer right away.  Lawyers are like doctors.  There are family doctors and specialst physicians.  Find a child welfare lawyer, not the one who did your house deed.

Keep looking for a relative to care for the child, so that CAS can drop the court case within 5 days.

Study the court doc, particularly the plan of care, which will suggest what you will have to do before the child will return to you.  Get help from a social worker right away who will look for the services and guide you through the process.

Most likely, your CFSA hearing will be adjourned.  Don't get upset.  You can fight the court case, which is not a very smart move.  CAS worker will have all kind of evidence against you.  They write case notes after all contacts with everyone, so they have a wealth of information to support their case.  

In my career, I have handled hundreds of court cases and lost only 2, because of failure to prove an alternate caregiver ability to protect.  It is not easy to fight a CFSA court case.

Try to avoid a finding.  A finding the child is in need of protection is very similar to the concept of a criminal conviction.  Before a finding, CAS will have to prove risk.  After a finding, CAS will have to prove best interest.  Continuity is in the child's best interest.  So, if a child has stayed in a foster home with 2 years, it is in his best interest to continue to stay there.  It is very similar to a custody battle.  If you decide to walk away from the child and come back 2 years later for the custody, the judge will grant it to whomever the child has been living with for the past 2 years. Try not to drag the case on.  Once the foster parent becomes a legal party, she will have the same legal rights to ask for the child's legal custody.
  

Step 5: 30 Day Requirements
A lot will happen by 30 days: risk assessment to predict the future risk if child returns, plan of care for your child and plan of service.  You will be invited to these meetings, which can be very intimidating.  You will see 3 workers (family sevice, children's service and resource).  Family service is to support you to complete the plan for you to change and to assess your progress. This worker is responsible for your court case and ultimately for the decision whether to return your child. Children's service is to help your child for a good care in the foster home and to check and balance the family service worker, not to do something to jeopardize your child's safety. The resource worker helps the foster parents.  There are supervisors and even the director involved in these meetings.  I am not kidding.  Such a team may have over 100 years of child welfare experience, together with over 100 years of education.  It is not easy to beat them, even with a lawyer.

The plan of care, court plan of care and plan of service will specify what you will have to do.  This is the key part.  If you hit your child, they will ask you to do child management, anger management and/or family counseling.  If you do drugs, they will ask you for drug treatment and counseling.  If you have a mental condition, then a psychiatric and/or psycholgical assessment, treatment and counseling.

I repeat this step is critical.  You do what they tell you and show them evidence of your progress; your child will return to you.  If you fight the court case to trial, it takes a few months to a few years.

Remember I said the rule is to help the worker to improve her confidence in your ability.  If you don't show them the evidence you have changed, how can they trust you will protect your child?

Step 6: Family Service
Now, CAS has an investigation, a pile of evidence against you, a court case and a plan of care.  They are prepared, and your case will go to Family Service.  In my post about budget, a family worker can spend 5.5 hours on you, which includes driving, visit, meeting with you, court hearing and all paperworker. She will see you like once a month, so the progress will become slower, even if you call your worker everyday.  Do whatever you have to according to the plans.

You will be given visit.  Remember the 5.5 hours, so you won't get too many visits.  They will supervise, then semi-supervise and finally un-supervise your access.  You are almost there for reunion when they allow unsupervised visits.

An important advice is you can find your relatives or friends to become authorized access supervisors so that you can see your child more often, even 8 hours everyday.  There will be conditions attached; please don't breach them, no matter how hard it is to say good bye to your child.

Step 7: Crown Wardship
Crown Wardship means your custody on your child will be permanently removed from you, after 24 months of care for those over 6 and 12 months under 6.  This is a critical step.  Though possible for family reunion, the barrier is too high.  This is something you definitely want to avoid.

After Crown Wardship, CAS will find an adoptive parent to care for your child for good, if your child is younger and adoptable. Currently, you will not have the right to see your child again.  In the new law, you will have.

Others: Complaint
If you believe you have been treated unfairly, you can file a complaint.

1. No complaint will be handled if the concern is before any court, so you can use the complaint system because CAS asks for a court order to care for your child.

2. You must file a complaint in writing.  Within 7 days, they must notify you in writing.  Within 14 days thereafter, they form the Internal Complaint Panel consisting of one external member, one senior manager and one others.  You will have say 15 minutes to present your complaint and CAS also has 15 minutes to defend themselves. After the meeting, the Panel must notify you the outcome within 14 days.  Their decisions are binding on CAS staff.

3. If you are not satisfied with the Panel, you can go to the Child and Family Service Review Board, a tribunal very similar to a court system.

Check and balance is a critical feature in a democratic society.  CAS in Canada is subject to all kinds of checks and balance, including the complaint system, the ministry, child's advocacy office, child's lawyer office and others.

A few words about Community Capacity Development:
A few months ago, I read it in a Chinese newspaper about the conflict between organizations with management staff from Mainland China and those from Hong Kong.  To me, I can't see the difference between the 2 groups: Chinese is Chinese.  The issue seemed to be funding.  Does anyone know CAS has funding for community capacity development, under Child Welfare Transformation.  I am talking about million dollars, not a few hundreds or thousands.  CAS forms partnership with community organizations to serve our clients, and we fund them for the service.  The current focus is physical abuse and violence against women.  This is an option our Chinese community should consider.  Of course, it does not mean you submit a proposal and become rich.  Competition is there.

Time to go.  Please don't abuse your child.  These posts are to help you to minimize misunderstanding and miscommunication with CAS.  If you hit, you will be in trouble, no matter how skilful or knowledgeable you are.  A crisis is an opportunity for us to learn new methods to care for our children.

Bye for good, I wish, but for the time being, bye for now.
发表于 2006-11-20 15:48:44 | 显示全部楼层
首先感谢peelboy的这些非常有用的贴子,让我们了解了CAS也更加了解了加拿大。这些都会给我们今后处理问题的提供有益的帮助。
     但我也深深的体会到,加拿大还是有很多缺陷不足,这些缺陷不足就是加拿大的法律死角。加拿大人并不是太虚心向外学习,当然也不积极。加拿大不同于美国,美国人其实并不愿意接受移民,除非对他们非常有用。加拿大不太一样,她把移民当成国策,这是大家都知道的。所以加拿大对待外来移民不应太多参考美国政策。美国对外发签证很多莫名移民倾向,在加拿大对外签证上就不应该有。美国可以不关心外来移民的生活,但加拿不应该,而是应该拿出精力和金钱来处理移民问题,即使微不足道。新移民象融入加拿大生活,每个人都知道有多难,如果每个人都能真正简单融入,我想51网站不会这么火。大家还都保留一份中国心,包括中国的做事方式,这应该是加拿大政客们推崇的多元文化。当然中国的做事方式并没有说可以虐待孩子,如果身上印记实属虐待,这是任何国家民族都不能容忍的,其他的只是习惯不同罢了。一个亚洲人的胎记,CAS还要调查,试问在CAS 工作的人员一点都没有这个知识,加拿大没有这点知识,相信最少CAS工作人员都有。
     加拿大青少年教育很好了?一点问题没有?不要再学习了?无疑答案是否定的。大家看看这里的中国人的孩子教育学习等等也就知道中国也有很多优点。当然中国教育不是都好,而且很多不好,但中国教育也是有很多优点的,加拿大就不能吸收一点好的为己用!我所在的城市青少年问题很严重的。我每天为了学习英语而去强迫自己读读本地新闻。几乎每天都有犯罪,青少年占很多。到了他们也很头疼的地步。试问一句peelboy,CAS做错事后有真正道歉不?有没有总结自己为什么错?
多了不说了,说多了,很多人以为我故意攻击加拿大呢。第一代移民基本是牺牲了。
发表于 2006-11-23 19:52:40 | 显示全部楼层

一定要抗争!争取你的权益!

我很同情刘女士的遭遇,这件事正发生在我身边...我男朋友有两个小孩,男孩12岁,女孩10岁.他和前妻share custody, half of time each. his wife wanted full custody of the kids after they divorced, he didn't agree. it costs him lots of money to win finally and get half custody of the kids. one day, 兄妹打架(互打), there is a bruise on the boy's arm. at that time, the kids were living with us, no body cares it since it is not noticeable. 当孩子在下一周与他妈妈在一起生活时, 被他妈妈报警. CAS 参与, 现在孩子与他妈妈生活在一起,不允许我男朋友接近.这个案子的荒唐之处就是,CAS 没有interviewed other witness, just believe the kids' saying. The fact is their mom is controlling the kids behind. 现在此案已进入法律程序. 我们不是CAS的第一个受害者,我们也不会是最后的受害者. 我们抗争的目的就是让所有善良的父母再也不要受这种母子或者父子分离的痛苦. 我男朋友可能会采取法律行为去维护他的权利! Good luck to both you and us!
发表于 2006-11-24 11:17:36 | 显示全部楼层

回复:一定要抗争!争取你的权益!

最初由[aresident]发布
一定要抗争!争取你的权益!

我很同情刘女士的遭遇,这件事正发生在我身边...我男朋友有两个小孩,男孩12岁,女孩10岁.他和前妻share custody, half of time each. his wife wanted full custody of the kids after they divorced, he didn't agree. it costs him lots of money to win finally and get half custody of the kids. one day, 兄妹打架(互打), there is a bruise on the boy's arm. at that time, the kids were living with us, no body cares it since it is not noticeable. 当孩子在下一周与他妈妈在一起生活时, 被他妈妈报警. CAS 参与, 现在孩子与他妈妈生活在一起,不允许我男朋友接近.这个案子的荒唐之处就是,CAS 没有interviewed other witness, just believe the kids' saying. The fact is their mom is controlling the kids behind. 现在此案已进入法律程序. 我们不是CAS的第一个受害者,我们也不会是最后的受害者. 我们抗争的目的就是让所有善良的父母再也不要受这种母子或者父子分离的痛苦. 我男朋友可能会采取法律行为去维护他的权利! Good luck to both you and us!

女人的心在嫉妒和毒起来的时候不蛇蝎还狠啊!跟CAS一求一或。
发表于 2006-11-24 11:25:18 | 显示全部楼层

回复:一定要抗争!争取你的权益!

最初由[aresident]发布
一定要抗争!争取你的权益!

....... 我们抗争的目的就是让所有善良的父母再也不要受这种母子或者父子分离的痛苦. 我男朋友可能会采取法律行为去维护他的权利! Good luck to both you and us!

"善良的父母"&"分离的痛苦"?
那为啥还要孩子? 为啥要了两孩子未成年还离婚?
成天想的都是自己的权利, 有没有为孩子想过?
发表于 2006-11-24 16:53:38 | 显示全部楼层

What's Wrong with Us Chinese!

I am a newbie to the 51 forum, but have learned alot.  I learned:

1. Lots of people believe "I am right and everyone in the world is wrong".  If you are so right, why are you facing legal trouble?

2. We like to use very provocative language, e.g. 抗争.  The Canadian culture talks about collaboration, inclusiveness, embracing, negotiation and alternate dispute resolution.

3. We are very ignorant.  If we have to fight, we have to find out who we are fighting with.  In Aresident's case, the mother? CAS?  Or the Family Court?  Also, what are we fighting for?  Are we prepared for the fight, if we don't know nothing about Canada?

Custody battle is the worst type of social problem/child abuse.  I wrote custody report for 2 years at the beginning of my career in Canada.  Now, I would rather pan handle on Yonge street than write any report.  A couple, used to sleep together, could fight over money, child's custody and even the division of a television.  

CAS does not have any mandate over child custody.  However, everyday, lots of divorced parents call CAS to report abuse (physical, sexual, emotional and all others) against their ex-loved one to "win" the custody.  CAS, by law, will oblige to do an investigation, which is a form of emotional abuse imposed by the parents onto the helpless child.

In Canada, parents do not own children.  Custody is the right to make important decisions for the child, e.g. school, residence, medical treatment and etc.

In Aresident's case, CAS must do an investigation because the biological mother filed a complaint.  I do not think, based on the information, CAS has launched any legal action, e.g. a supervision order, to prevent the children from going home.  If there is a supervision order, there must be evidence to support the father and his girlfriend fail to protect these children.

One child is over 12, so she is a legal party, which means she has the same right like her parents.  She can indicate where she wants to live.  If she tells the judge she wants to stay with the mother, her wishes will be granted.

When Aresident mentions the custody arrangement, I hope she is talking about the court order issused by the Family Court, under the Children's Law Reform Act.  A CAS supervision order will void this court order.

If there is no CFSA supervision order but there is a CLRA court order stating the children will stay half of the time with the father and half with the mother, just bring a police officer with you to execute the court order.  A court order is a court order; nobody can defy it.

You have to tell us who has the legal authority to keep the children from your boyfriend.  CAS does if they have a supervision order with evidence and a finding, but I doubt it.

Please stop all nasty custody battles; you are emotionally abusing your children.
发表于 2006-11-24 17:15:19 | 显示全部楼层

Hi Peelboy, please see your 51 mail box.

Thanks!
发表于 2006-11-30 18:28:43 | 显示全部楼层

http://www.51.ca/bbs/showthread.php?s=&t

发表于 2006-11-30 19:04:35 | 显示全部楼层
绝对的权力导致绝对的腐败。

CAS工会最近一直在向政府要钱,所有关于儿童的福利,总共有25%已经拨给了CSA这个无底洞。

今天,保守党的安省代表John Tory终于向儿童及青年服务部(CAS得上级部门)发问。Children Aids Society, CAS的领导们,享受着价值五万的豪华SUV,频繁的出国考察,每年光健身福利就是2000加元,可是那些需要救助的孩子呢?

一位代表受害者起诉CAS的律师透露,当事人的孩子在被CAS带走后,在被CAS养育的期间,遭到性侵害,这个家庭的气愤已经无法言表,监守自盗,都是缺乏监督、绝对的权力导致了绝对的腐败。

正式的报告出台还需要一周时间,但是CBC 已经得到了一份拷贝。报告中所述事实,令人万分震惊,在安省政坛掀起了轩然大波。要不是保守党提议,这份报告也会像前几年的报告一样,不会对公众公开。

报告只是考察了4家CAS,安省总共有50多家,没有被揭发出来的腐败还不知道有多少呢。

可怜的刘女士以及她的孩子。
发表于 2006-11-30 21:18:33 | 显示全部楼层

可怜的刘女士以及她的孩子

最新情况如何?孩子何时能回家?
发表于 2006-12-1 23:42:24 | 显示全部楼层
我的朋友等了两年了,争取抚养权的官司仍然遥遥无期。

祝福刘女士能早日母子团聚。
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