Legally Kidnapped

by Denise

Our boy, who has Autism and is non verbal has been in a group home now for 16 months and the only reason he was taken away from his loving, safe home and caring, loving mother and aunt,... is because he missed some school 2 years ago.

He has suffered so much pain and misery at the group home, and he can't even speak about it. We are his voice.

They have neglected him to the point of him getting a severe infection called Cellulitis and that's only one of the many times he's been hurt, now they won't allow his own mother into the group home, to medical appointments, to contact them to ask how he is, nothing. She still has her parental rights but the caseworker, magistrate and even her own lawyer is going right along with this group home.

Here is our story:

Our CPS story shortened:

EXPLOITING AUTISM FOR PROFIT!

Denver County Juvenile Court Magistrate sided with DDHS caseworker, and Permanently Placed our son, who has non verbal Autism, SID, ( sensory integration disorder), among other Autism related disorders, into a loud, chaotic, crowded, unloving, unsanitary and understaffed group home with 10 other boys/men ranging in ages from 8-21, simply because he missed some school two years ago. He's been away from his loving home and parents for 16 months and now permanently placed out of home in a group home, for no reason but their own profit, who is also drugging him unnecessarily with an antipsychotic drug, Risperdal, that he does not need to be on! Along with Xanax and Trazadone 300 mg.

We have one short visit a week and that is an unfathomable injustice. He needs to be home permanently!

This is an OUTRAGE!

He belongs at home where he receives the most love, care and affection any child could ever receive as well as a safe, peaceful home environment where he has all his special needs met, like augmentative speech therapy for example, as well as his basic needs. Where he has his OWN BEDROOM and all of his belongings. Currently he shares a bedroom with 4 other boys. He's not sleeping well at all.

Also, all the things he loves in the world, his TV/VCR and movies, his catalogs, magazines, books, toys, swing, etc. are unavailable to him there.

not to mention the group home is full of flies landing on everything including on OUR child's mouth , mice, bees, mosquitoes.

Please spread the word about this OUTRAGEOUS judgment made by DDHS and the Magistrate, who in fact did not give us a fair hearing and would not let his own mother speak her side before ruling with the Department of human services. This is after we have completed the entire service plan and every court order we've been ordered for the last,over, THREE years since they have been in our lives, ALL because of false allegations, lies and missing some school.

They have ALL done the most EXTREME INJUSTICE to our family but especially to our sweet, innocent, boy who longs to be home with us!

Thank you for your help, in advance, in getting our boy home where he belongs.

Sincerely,

Denise and Donna

For Christopher as we ARE HIS VOICE!

Please help us get our story out.

Thank you!

Prayers would be greatly appreciated also.

Samantha's Legacy Of Hope

Our daughter Samantha was born in 1993 with a rare genetic condition called Tetrasomy 18p Syndrome. Autism and absence seizures are often a manifestation of the genetic disorder as was the case with Samantha. Unexpected, Samantha suffered sudden cardiac arrest at 13-1/2 years and died. NO ONE with the Syndrome, but our little girl has succumbed due to the disorder!

At the time of our daughter's birth, poor prognosis for development, led the University Genetics Clinic to benignly enlist Social Services' help to locate supports for us as a newly diagnosed, frightened and grieving family. However, that was not what transpired: Instead, we were advised that the sole way to achieve necessary funding for medial therapies and services would be if Samantha lived in an out of home medical placement. Natural families, the Ministry Representative stated, could not receive access to similar support as foster placements. We were informed that if we wished to offer our child a chance at life, this was the "kindest thing to do". Reeling from prognosis that our daughter would likely not walk, talk, see, nor comprehend that we were her family (the hated phrase utilized to describe lack of development was "imbecile"), we were terrified and naively succumbed to "expert opinion."

In a nutshell, optimum care was not afforded our daughter. In fact, grave issues surfaced and although we repeatedly brought concerns forward to our caseworker, these were belittled or ignored. Years went by as we tried to learn our rights and responsibilities as parents... No one would tell us the truth: Throughout all of the years, the foster mother and caseworker indicated that there was a guardianship split from which the Ministry had the final say. In fact, the placement had never achieved legal authority, we, Samantha’s natural family were legal guardians of our child. Yet, until our daughter lay in hospital dying, the information was not revealed to us. We had entered into an "Agreement" with Ministry shortly following Samantha’s birth and unlike an "Order", our arrangement was at no time ever an intervention issue. Rather, as advised, strictly a means to achieve medical supports. Yet, we were distanced from our child and all parental rights erroneously transferred to the placement. The caseworker informed that she had difficulty locating “placements for children less disabled than Samantha” and advised us to refrain from upsetting the foster mother. We later learned that we were "1 of 4 families in the Province” who existed under the archaic Agreement.

Following the death of our daughter and the revelation that we were entitled to obtain information, I began to seek medical and educational records. I learned most heart-breaking renditions of truth: For instance, a Principal and Rehabilitation Aide at Samantha's school witnessed the foster mother take hold of my little girl and shake her. The reason? Samantha had been sick, vomiting all day and a decision was made by school authorities that she could not safely return to the placement; that Samantha would need to be retrieved. The foster mother, they wrote, was so angry, denying illness, that she took Samantha and yelled, "STOP IT" as she shook her when she began to vomit.

I discovered from past medical records MORE sinister health concerns had repeatedly emerged... Our little girl was first recognized having absence seizures by an RN on her 3rd birthday. Throughout the years, other specialists witnessed similar signs and recommended follow-up assessment for treatment. The foster mother, however, opted not seek medical intervention nor inform us, the natural family and legal guardians – which, the caseworker was aware. At one point, I had even asked the foster mother outright whether there was a possibility of seizures because statistical research indicated that 25% of individuals with the Syndrome have a disorder. I requested that the information be shared with the paediatrician viewing Samantha, but he was never told.

Twelve years after Samantha's birth, at last, the Office of the Child Advocate in Alberta became involved. I credit Samantha's escape from foster-care to this Agency AND the fact that her file was removed from the Office of Child & Youth Services in Morinville - which had been over-seeing decisions for nearly her entire life - to a new Region 6 Authority. Samantha came home and immediately flourished! She gained 10 pounds; which was 20% of her body mass. Having been merely 50 pounds throughout the ages of 11-13 in foster care, Samantha effortlessly gained weight at home. Within the summer months, I taught Samantha to toilet and she achieved continence during daytime hours; so proud of herself having finally experienced wearing "big girl" panties for the first time in her life. Language also began to emerge... Samantha started verbalizing words; with the efforts of her brothers' each day, began to accurately say their names! Thirteen years of being non-verbal and suddenly Samantha was able to talk with very close approximations of phrases. She would greet her bus driver happily, “Good-morning!” The strides in all areas of development was extraordinary. The manager with Social Services remarked that Samantha's development had obviously been “severely repressed.” Teachers referred to Samantha as "A butterfly who emerged from her cocoon."

Now viewing Samantha on a daily basis, we ourselves, suspected the presence of seizure activity - confirmed by educators - so pursued testing with neurology (EEG.) Our paediatrician witnessed Samantha have an episode in the office during a well-check as we discussed possibility! A second evaluation was to take place and treatment was to begin, however, within days of that office visit, our daughter suddenly took ill at school. Samantha rested during the day and I watched over her closely. The second medical evaluation was scheduled for the next day. I spoke with the hospital's nurse and she advised we continue to monitor Samantha until the following day when the anaesthesiologist would decide whether or not to proceed with sedation. In the early evening, our daughter did not respond to her name so we rushed to emergency where it was determined that she was in cardiac arrest at the hospital. In hindsight, I don't believe Samantha was merely resting, but was actually exhausted from having repeated seizures during sleep which caused the heart to stop functioning.

The life and circumstances surrounding Samantha Lauren Martin caused me to challenge archaic laws inhibiting the rights of persons with disability & their families. Samantha passed on December 3rd 2006. Amendment to the Family Supports for Children with Disabilities (FSCD) legislation was effected retroactive to December 2006; FSCD informed establishment was a direct result of Samantha’s existence.

http://www.child.alberta.ca/home/527.cfm

Section 2-3, Manual Amendments: Policy and Procedures in Family Centred Supports and Services:

"The Family Support for Children with Disabilities Program to have separate legislation from that of child protection services." (Samantha's Law)

Amendment, which, I am currently petitioning the Court to recommend for National benefit of all Canadians and to be formally referred to as Samantha’s Law in tribute to the child, from which Legislation evolved:

http://www.petitiononlinecanada.com/petition/samanthas-law/67

While I appreciate that the Ministry refers to our history as "a learning experience" for them, for us, the absence of our child/sister will forever hold an empty space in our hearts and lives that we must constantly strive to survive. The sole consolation that we may take is the hope that archaic perspective towards individuals with disability may begin to change and with "Samantha's Law" other loving families, their children and constitutional rights will better protected in the future.

Society appears to be more accepting of diversity, however, Legislation to protect fundamental human rights of individuals with disability largely lags behind. And, law tends to fail our most vulnerable because of lack of enforcement. We must strive to alter the past so that the future holds better promise of constitutional adherence to law. Enforcement must not only be for the general public, but also include members of Government Authority who breach Legislation. Often, where Law is non-existent, the Courts do have the ability to establish decisions based upon precedence set in neighbouring jurisdictions... This is our greatest hope for all: Recognition that our daughter's life held significance as she continues to live on by aiding others in need.

This is our story, Samantha's far too short life and death... My baby girl, loved so much that we let go and will always have to live with the cost of trust. While I cannot go back in time to change my family's outcome, I can strive to help others in similar dire need by establishing Family-Centred Care Practice to protect human rights. That is Samantha's legacy of hope.

Yours Sincerely,
Velvet Martin

Plea For Ayn

My name is Derek I am a single father of three wonderful young children, aged 9, 10 and 11; my youngest two have both been diagnosed with severe autism. Though a constant and challenging struggle, I have done my best to protect and nurture them, as I love them so much and have dedicated my life to their achievement of happiness. My youngest child is a bright and beautiful little spitfire named Ayn. She has and is blossoming so well here at home and has come so far to overcome her obvious disability, she does however continue to struggle and outburst when in other environments, particularly at school.

Ayn is naive and unaware of the dangers that exist in the world at large, so when on Sunday June 12th she escaped the backyard we were very worried for her safety. With each passing moment the likelihood that something terrible had happened increased, as Ayn should stand out from other children easily and should have been quickly spotted. Fortunately Ayn was discovered two doors down playing in a neighbours backyard, the neighbour had taken an afternoon nap which provided Ayn with the ability to play undisturbed. The challenges I have faced in caring for my daughter have been encompassing and life altering, these challenges are very dynamic and new challenges arise as fast as the old one depart. Now with her discovery of the neighbours nearby trampoline and pool, she will undoubtedly seek to return there, vigilance will be required to face this new found challenge, but it is one which I must now face just as I have with each prior challenge and as i would have to with our future challenges as well. As it stands today I may never get that opportunity.

On the morning of June 16th two workers from CPS arrived at my home to request that I "voluntarily" give Ayn over to them (she was at school at the time), if I refused they would simply coercively remove her. There should be no illusions here when someone approaches you and says "give me your child or i'm taking her" you should not pretend that any such choice would be done "voluntarily".

Within hours of her removal Ayn had hospitalized and drugged with powerful neuroleptics, one of which at double the maximum daily dose. Her whereabouts has been concealed from me, due to me refusing to sign the voluntary agreement. And I will not be given the opportunity to argue before an impartial court as per why this was a wrongful removal for months. After twelve days of hospitalization, in which the hospital noted "no bruises or evidence of physical abuse and her body status showed no evidence of neglect" , and "Initially there was some suspicion of ADHD along with autistic aggression, but this dissipated as Ayn improved...".

The hospital insisted on discharging her (june 28th), she is now in foster care awaiting further hospitalization as the Ministry has waitlisted Ayn for a longer term residential based psychiatric assessment. My little girl is autistic, she does not require a psychiatric assessment, I am aware that she does not understand the dangers that lurk, I love her and I protect her, when Ayn has a tantrum at school it is me they either call in to calm her or send her home to, when she is injured it is to me whom she turns because she "needs a bandage". The greatest successes this little girl has had were nurtured in the home, she loves it here, she loves her brothers and she loves her Dad, It is my firm belief that if our system of child protection has reached a point where a happy thriving child who was not abused and in no need of medicating, can be coercively removed from their family, forcibly medicated within hours, denied access to that family punitively, and the family is given no redress for months potentially years; then we are indeed facing a serious systemic problem. A problem which unfortunately is not confined to my city or province, nor even my country, for these acts are playing out around the world. Please help me get my little girl back and to address this issue in such a way that it never affects another family again.

I would be forever in your debt,
Derek (July28th, 2011)

The preceding was updated on the 28th of July, and with a meeting on the 29th at my home with a social worker from the MCFD, came many new developments. I hesitate to sound overly optimistic, but what a difference: a day, the public spotlight and an experts opinion can make. Though I still lack a firm commitment from the Ministry, they have informed me that Ayn's case has now been reviewed by their resident autism expert. This expert has advised them against placing Ayn in the psychiatric facility, why this expert was not introduced to this case earlier is unknown. In addition the Ministry has ironically informed me that all they would like to see is for Ayn to have proper supports in place, something which I have been advocating for years now. With these supports in place she can come home... reason to rejoice? Perhaps, but without a firm Ministerial commitment to this I cannot relent in my quest for her return. Nor will I relent in my advocacy for the reformation necessary to prevent these systemic failures from ever effecting another family as it has mine. And I ask the same of all those whom have chosen to support Ayn, myself. and all those families facing this threat in the future. Please join us in ensuring Ayn comes home promptly and a positive reformation of the very system which allowed and endorsed these unjust actions. (Aug 1)
READ Derek's ongoing updates  http://freedomforayn.blogspot.com/

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