Questions Arise About CAS Decisions in Child’s Death

WARNING: This story references allegations of child abuse.

As the trial for two women accused of killing a 12-year-old boy they were trying to adopt approaches its conclusion, it’s crucial for the public to understand whether and how the Children’s Aid Society (CAS) has been held responsible, says Ontario’s former child advocate.

However, full transparency from the CAS seems unlikely, according to Irwin Elman, who served as an independent watchdog from 2008 until his office was closed by the Ford government in 2019.

“The child protection system is a closed system,” Elman said. He is not involved in the trial but has been following it closely.

“Secrecy is the number one rule – don’t talk, don’t tell.”

Brandy Cooney and Becky Hamber have pleaded not guilty to first-degree murder of the boy, as well as charges related to confinement, assault with a weapon – zip ties – and failing to provide necessary care for his younger brother.

The trial began in mid-September at Milton Superior Court and resumed Monday morning after Cooney completed her testimony before the holiday break. Hamber is set to testify next as part of the defense’s case.

The Indigenous brothers were moved from Ottawa to live with Cooney and Hamber in Burlington in 2017 but remained wards of Ottawa CAS during that time.

Halton CAS was responsible for supervising them daily until the older brother died and his younger sibling was removed from their care in December 2022.

First responders found the 12-year-old unresponsive on his bedroom floor. He was so malnourished that paramedics initially believed he was around six years old. He passed away later that night at the hospital.

CBC is not naming the boys to protect their identities due to a publication ban.

CAS agencies say they’ve made changes

In statements provided to CBC Hamilton, both Halton and Ottawa children’s aid societies claimed they had conducted an internal review following this child’s death, which they submitted to the Office of the Chief Coroner. They also mentioned completing several external reviews and implementing suggested changes.

Neither agency shared specific results or details about these changes with respect to their reviews.

“We remain committed to learning everything we can about what happened in this case and implementing any changes that advance the safety and well-being of children, youth, and families we support,” stated Halton CAS’s response.

The Halton Children’s Aid Society said in a statement it is ‘committed to learning everything’ it can from this case. (Justin Chandler/CBC)

Both organizations asserted they fully cooperated with police, prosecutors, and provincial coroners throughout this process.

The trial involving Hamber and Cooney is presided over by Justice Clayton Conlan without a jury present.

The CAS isn’t on trial here; however, testimonies from various witnesses have raised serious questions regarding why these women were chosen for adoption, how supervision was managed, and why intervention didn’t occur despite evident warning signs.

No caseworkers or managers directly involved with this situation have taken the stand. Instead, prosecutors are relying on notes taken by workers along with testimonies from two child protection employees who investigated events following the child’s death.

Advocate highlights ‘really bad decisions’

The Halton CAS received numerous reports expressing concern about how Hamber and Cooney treated their boys. A therapist specializing in attachment issues testified that back in 2017, she learned from the younger brother that he had been locked inside his room all day as punishment-a report she relayed back to CAS officials.

The boys’ doctors wrote a letter addressed to CAS back in 2019 voicing concerns over adopting them since some parenting methods used by these women seemed “more abusive than therapeutic.”

A 12-year-old boy died on Dec. 21, 2022. He’s shown on left with his younger brother in a photo from years earlier. CBC has blurred faces of both boys whose identities are protected under a publication ban. (Ontario Superior Court in Milton)

Teachers reported worries about what food options were available for both boys at home during both 2019 and into early 2020 regarding whether they received adequate nutrition or enough meals overall.

Despite all these red flags noted by teachers over time-Halton CAS workers never carried out surprise home visits nor did they interview either boy without being accompanied by Cooney or Hamber when required protocol dictated otherwise according to testimony given by child protection worker Lisa Potts.

The Ottawa CAS also had concerns regarding approval for adoption among other factors like whether these parents recognized cultural identity since information presented indicated such beliefs could classify children psychologically unhealthy even if no such conditions existed upon assessment-according to insights offered through court testimony provided by therapists familiar with discussions within their networks up until late last year.

Citing developments moving forward prior toward adoption during fall season leading right up till then created heightened frustrations.
Irwin Elman mentioned “It’s so outrageous and unbelievable,” referring specifically towards practices followed within children’s aid alongside errors made based off observations throughout ongoing sessions involved therein where vital policies weren’t respected, creating significant complications surrounding those cases specifically!

This includes violations across multiple fronts including poor judgment displayed repeatedly throughout processes driven purely around operational necessities rather than adequately prioritizing outcomes needed ahead while ensuring comprehensive views formed around each unique circumstance exist separately.”

No mandatory coroner’s inquiry

The circumstances surrounding this particular boy’s passing do not meet criteria indicating necessity behind requiring an obligatory coroner inquiry described spokesperson Stephanie Rea representing chief medical examiner’s office clarifying fundamental premises concerning fatalities observed strictly occurring within provincial facilities like jails aimed solely towards clarifying facts linked against deaths occurring beforehand whilst preventing similar fates emerging again thereafter.”“The family involved may request further investigation options although lengthy procedures will follow suit post-completion stemming strictly tied down toward civil lawsuits entangled between parties.”“An audit recently executed targeting entire sector focuses extensively geared precisely tackling finances established yet falls short identifying systemic reforms indicated across board compared expected conclusions anticipated derived henceforth going forward accordingly once finalized findings become available!”“The province acknowledges need fostering better alliances between service groups working collaboratively together taking utmost priority safeguarding interests represented ours!” concluded statement released formally containing sentiments expressed aiming addressing key points raised publicly recently while emphasizing necessary reform actions discussed openly amongst parties now anticipating fruitful collaborations establishing improvements benefiting vulnerable populations served continuously!”

“If you’re affected by anything mentioned herein please seek mental health support utilizing available resources located near your province/territory accordingly!

Source link